The Bank of New York Mellon, acting as trustee, has petitioned the New York State Supreme Court for instructions for paying out Bank of America’s $8.5 billion cash settlement with Countrywide MBS investors, which could potentially alter the order of payment, according to an analysis by Moody’s Investors Service. The governing MBS documents and the settlement agreement are complicated, nuanced and ambiguous, the rating service noted. Without guidance from the state court, BNYM, as trustee for 530 RMBS trusts, could decide on a payout that could favor certain bondholders unexpectedly. The massive payout has been delayed...

Private mortgage insurers saw spirited competition in 2015, both within their own ranks and against a surge in government-insured products, especially the FHA program, according to a new market analysis and ranking by Inside Mortgage Finance. Private MIs wrote coverage on an estimated $219.64 billion in mortgage originations last year, a 23.2 percent increase from 2014. The estimate includes $315 million in coverage on Home Affordable Refinance Program loans provided by the three MIs in run-off mode. The private MI business surge included...[Includes three data tables]

The first-time homebuyer share of home purchases increased for the second consecutive month in January, according to results from the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. The increase is part of a seasonal trend where first-time homebuyers take market share from current homeowners as part of the spring homebuying season, though there could be some constraints on first-time homebuyer activity this year. First-time buyers accounted for 35.9 percent of home purchases in January, based on a three-month moving average. Their share increased from a trough of 35.1 percent in November. The current homeowner share of home purchases in that time declined from 49.2 percent to 47.8 percent, with investors also gaining some share from current homeowners. Tom Popik, research director for Campbell Surveys, noted...

Agency MBS backed entirely by “conforming jumbo” mortgages was one of the fastest-growing sectors of the market last year, but traditional 30-year fixed-rate mortgages remained the overwhelming favorite, according to a new analysis by Inside MBS & ABS. Fannie Mae and Freddie Mac issued $21.17 billion of jumbo-only MBS in 2015, a 90.2 percent increase from the previous year. Ginnie Mae issuance of such pools was up even more, by 163.0 percent, last year. Conforming-jumbo loans are...[Includes two data tables]

A long-expected correction in MBS prices was put on hold this week as interest rates took another dive and concerns continued to mount about China’s stagnant economy and weakening oil prices. As Inside MBS & ABS went to press late this week, the yield on the benchmark 10-year Treasury was at 1.61 percent, the lowest it’s been in roughly four years. The volatility in the market was sparking...

Investors in the secondary market are continuing to shy away from mortgages with so-called TRID errors – even minor ones – taking the advice of legal counsel and due diligence providers who are telling them to stay clear because of assignee liability issues. Late last week, senior executives from the Structured Finance Industry Group traveled to Washington to meet CFPB Director Richard Cordray, but one official familiar with the get-together said the regulator conveyed a message of “Thanks for coming in, but we don’t think there’s a problem.” For now, most of the concern about a stalled secondary market has focused...

The advent of mobile phone financing has given U.S. asset-backed securitization a new twist with its unique risks and strengths relative to other consumer ABS, according to a new report from Moody’s Investors Service. Mobile phone financing represents a shift from the previous business model of subsidizing phone purchases for customers with two-year service contracts. Many cell-phone makers and wireless carriers, such as Apple, Samsung Electronics, T-Mobile, AT&T, Sprint and Verizon, now use financing contracts in most of their phone sales. The most common form of financing is...

Fitch Ratings proposed a number of changes to its residential MBS loss model this week, as part of an annual review. The changes would prompt slightly lower loss expectations for most of the types of deals that are currently being issued. The rating service said the most meaningful proposed change with a positive implication on loss expectations is expected to be a lower default assumption for borrowers with strong equity positions. The lower default assumption was prompted by a proposed Cure Rate Adjustment. Fitch said...

Non-agency mortgage-backed security issuers and investors continue to work to make adjustments that will help increase activity in the market. Among the issues under discussion are representations and warranties and the use of a deal agent or transaction manager. “Industry participants are now focusing on clearly identifying which parties to a transaction are covered by the current rep-and-warrant framework, and to which activities it is applicable,” according to a recent report ...

AG Mortgage Investment Trust recently formed a mortgage banking platform called Arc Home. The real estate investment trust managed by a subsidiary of Angelo, Gordon & Co. said Arc Home plans to originate jumbo mortgages and non-qualified mortgages, along with FHA loans, through retail, wholesale and correspondent channels. Arc Home will be led by Barry Bier, Sandy Blitzer, Martin Schroeter and Brad Brautigam. Some of the executives ... [Includes five briefs]