A number of mortgage finance industry groups have expressed concern about how the CFPB’s ability-to-repay rule is interfering with the return of private investor capital back into the sector – mostly because of the rule’s assignee liability provisions. The industry comments came in response to a request from the Treasury Department in June for suggestions to encourage private capital to return to the non-agency mortgage-backed securities space. The Association of Institutional Investors said the ATR rule’s assignee liability provision “unfairly punishes investors who have nothing to do with the origination of loans and oftentimes have limited insight into the origination practices.” The assignee liability provision therefore introduces a risk that is almost impossible to price for those not directly involved in ...

The Structured Finance Industry Group this week proposed the first in a planned long line of standards aimed at increasing transparency for non-agency MBS investors and boosting new issuance. The first edition in the SFIG’s series of “green papers” covers certain representations and warranties, triggers for repurchase, due diligence and communication with investors. Richard Johns, SFIG’s executive director, said about 200 individuals from about 50 organizations involved in the non-agency MBS market have participated in Project RMBS 3.0. “The goal here is...

Fannie Mae, Freddie Mac and Ginnie Mae combined to produce $85.33 billion of single-family MBS in July, up 11.6 percent from the previous month, according to a new Inside MBS & ABS market analysis and ranking. July was the fourth straight monthly increase in agency MBS issuance after the market hit a 14-year low in March of this year. On a year-to-date basis, production was off 54.3 percent from the first seven months of 2013, and it will take a significant increase in issuance over the next five months for the market to hit the $1 trillion mark by the end of this year. All three agencies posted...[Includes two data charts]

Officials at Ocwen Financial announced late last week that the company plans to use its clean-up call option on loans backing vintage non-agency MBS that it services. Officials see strong profits in paying off non-agency MBS investors at par and then liquidating real estate owned properties whose loans were included in non-agency MBS. “The opportunity results from the arbitrage of the underlying loans in REO being worth more than the securities,” William Erbey, Ocwen’s executive chairman, said during the servicer’s earnings call for the second quarter of 2014. “In other words, the whole is worth less than the sum of the parts.” He said...

Mortgage trustees are still awaiting state court approval of a $4.5 billion settlement with JPMorgan Chase in relation to faulty residential MBS issued by the bank and the now-defunct Bear Stearns between 2005 and 2008. If approved by the New York State Supreme Court, the agreement would resolve representation and warranty claims as well as servicing claims related to loans in 330 mortgage securitization trusts, as well as claims over document delivery. In addition, the bank agreed to change its servicing procedures with respect to mortgage loans in the trusts. The proposed settlement does not resolve...

Intercontinental Exchange (ICE), a global network of exchanges and clearing houses and a top energy trader, is reportedly seeking to gain a foothold in the mortgage market via the Mortgage Electronic Registration System (MERS). ICE is negotiating a partnership agreement with MERSCorp Holdings, parent company of MERS, as part of its plan to add mortgages to its primary derivatives business, Bloomberg reported recently. Both ICE and MERS declined to comment on the story. According to the report, the Atlanta-based ICE has been studying...

A ranking of the top 50 lenders in terms of third-party originations, based on agency mortgage-backed securities issued in the first half of 2014. Includes break-outs by lender for Fannie Mae/Freddie Mac, Ginnie Mae, correspondent and broker.

It could cost Goldman Sachs between $800 million and $1.25 billion to resolve government claims that it sold faulty mortgage-backed securities to Fannie Mae and Freddie Mac leading up to the financial crisis, according to recent reports. Goldman Sachs is currently negotiating with the Federal Housing Finance Agency, which has recovered approximately $16.1 billion in agreements with other banks with respect to legacy MBS sold to the GSEs.In September 2011, the FHFA filed 18 separate lawsuits against some of the nation’s biggest banks, accusing them of misrepresenting some $180 billion in toxic subprime MBS.

Fannie Mae and Freddie Mac issued $57.9 billion in single-family mortgage-backed securities during the month of July, a 12 percent increase from June, continuing an off-and-on monthly rebound that started in April, according to a new Inside The GSEs analysis.However, MBS issuance through the first seven months of 2014 was down 59.0 percent from the same period a year ago Top-ranked Wells Fargo’s Fannie and Freddie securitization, at $7.91 billion, rose by 8.5 percent on a monthly basis but dropped 71.6 percent year-to-date.

Mortgage origination volume was up in all three major production channels during the second quarter of 2014, according to a new Inside Mortgage Finance analysis and ranking. Retail originations remained the biggest source of new business, accounting for 61.0 percent of second quarter production. Total volume in the channel – which includes consumer-direct lending and traditional branch-office production – increased by 27.7 percent to an estimated $180 billion during the second quarter. Retail’s increase was higher than the overall 25.5 percent growth in total originations, nudging its share of the market slightly higher. Third-party originations were...[Includes four data charts]