A federal appeals court last week revived a previously dismissed class-action lawsuit against four financial institutions brought by investors that purchased a $1.32 billion offering of MBS that later turned sour. The U.S. Court of Appeals for the Second Circuit vacated and reversed a lower court’s decision to dismiss the case two years ago against the Royal Bank of Scotland Group, Deutsche Bank AG, Wells Fargo Advisors and NovaStar Mortgage. The New Jersey Carpenters Health Fund was lead plaintiff. In 2007, the New Jersey fund sued...

With the Federal Reserve’s MBS portfolio quietly passing the $1 trillion mark in mid-February for the first time since late 2010, Fed Chairman Ben Bernanke this week continued to toe the party line on the historic level of support the central bank has provided to the MBS and Treasury markets. But there is more skepticism from Republicans on Capitol Hill and some Fed board members, and industry analysts are trying to dope out when the Fed buying spree will wind down. “After quadrupling its balance sheet engaging in unprecedented MBS asset purchases and creating an extended negative real interest rate environment, there is...

Credit Suisse this week obtained ratings on its first non-agency jumbo MBS of 2013 in a deal that includes sunsets for certain representation and warranties as well as a contribution from Two Harbors Investment, which has been working for years to issue non-agency MBS on its own. The $425.67 million CSMC Trust 2013-TH1 received AAA ratings from Fitch, DBRS and Standard & Poor’s. The top-rated tranche had a credit enhancement of 7.05 percent, well above the 5.85 percent level on Credit Suisse’s previous deals but in line with recent Redwood transactions. DBRS said...

Sallie Mae is set to issue the first ABS of the year backed by private student loans, a market that is expected to reach 2012 levels although student loans are drawing more scrutiny from the Consumer Financial Protection Bureau. Sallie’s SLM Private Education Loan Trust 2013-A will have an initial pool balance of $1.31 billion and it’s expected to receive a AAA rating, based on a presale report from Standard & Poor’s. Some $27.1 billion in federally-backed and private student loan ABS was issued...

Commercial banks and savings institutions boosted their holdings of non-mortgage ABS to a record $164.5 billion as of the end of 2012, according to a new Inside MBS & ABS ranking and analysis based on call report data. That was up 3.1 percent in just three months and represented a 19.1 percent jump from the fourth quarter of 2011 – although some of that year-long gain reflected the fact that thrifts did not begin filling out call reports until last year. It’s still a significant increase...[Includes one data chart]

Commercial banks and savings institutions reported a modest decline in their aggregate investment in residential MBS during the fourth quarter of 2012, according to a new Inside MBS & ABS analysis of call report data. Banks and thrifts held $1.579 trillion of residential MBS at the end of last year, down 2.4 percent from the close of the third quarter. It was the industry’s lowest aggregate position since the end of 2011, but banks still held an historically high 25.0 percent of total MBS outstanding. Compared to the end of 2011, bank MBS holdings were...[Includes two data charts]

Potential issuers of new non-agency MBS are looking to establish representations and warranties that provide less protection for MBS investors, according to Fitch Ratings. The rating service said it will take a negative view on deals with reps and warrants that vary from the rating service’s standards, which largely mirror guidelines established by the American Securitization Forum. In a report released this week, Fitch said firms looking to issue non-agency MBS have been shopping deals with reps and warrants weaker than the new framework established by the Federal Housing Finance Authority for repurchase requests from the government-sponsored enterprises. The FHFA’s framework, which went into effect in January, includes a sunset for underwriting reps and most fraud reps if a borrower makes 36 consecutive timely payments, which Fitch said would not necessarily unduly expose MBS investors to greater losses. Rui Pereira, a managing director and head of U.S. residential MBS ratings at Fitch, said...

Despite softening involvement during the last quarter of 2012, most of the top real estate investment trust MBS investors had healthy increases in their portfolios over the last year, including six that showed triple-digit increases, mostly on the strength of an active first half of the year. According to a new analysis by Inside MBS & ABS, REIT MBS investors as a group increased their MBS holdings by 47.4 percent in 2012, to a total $357.45 billion, despite a collective shrinkage of 4.1 percent during the fourth quarter of the year. All but $7.49 billion were in agency MBS. The biggest year-over-year portfolio gains were seen...[Includes one data chart]

Moody’s Investors Service and Fitch Ratings have downgraded the senior unsecured and issuer default ratings of The McGraw-Hill Companies, parent of Standard & Poor’s, to below A-level ratings with a negative outlook. The downgrades are largely due to the Department of Justice’s recent lawsuit regarding ratings of collateralized-debt obligations and rating models for non-agency MBS. “The Baa2 rating balances the company’s history of prevailing in its legal defenses against the potentially substantial negative credit effects that could result from adverse litigation or settlement outcomes,” Moody’s said after downgrading McGraw-Hill’s senior unsecured rating from A3 late last week. “In addition, the management focus and direct costs involved in defending litigation may be a persistent drag on the company’s operations over the intermediate term.” Moody’s said...

Two months back Macquaire Equities Research issued a report declaring that investing in agency MBS “is like playing a game of chicken.” The analytics firm was speaking mainly about REITs, advising its clients to “take the dividends and run.” Its chief concern was that MBS investing REITs aren’t diversified. “We spoke with agency REIT management teams and found that while the current environment is challenging, for the most part they remain committed to the agency MBS asset class,” wrote Macquarie analyst Jasper Burch. Earlier this month, hedge fund giant Cerberus Capital filed...