The surprise tactic by Wells Fargo to withhold millions of dollars from investors in vintage non-agency MBS spurred Redwood Trust officials to try to protect the reputation of jumbo MBS. “We’re frustrated, not just for us, but for other market participants,” Christopher Abate, Redwood’s president and CFO, said late last week during the real estate investment trust’s earnings call. “For now, we’ll just have to continue updating and educating new-issue investors, and I hope for a quick resolution to this legacy litigation issue.” As of the end of June, Wells Fargo had withheld...

Investors in certain residential MBS transactions backed by defaulted mortgages in the run-up to the financial crisis are a step closer to being made whole, more than four years after the Securities and Exchange Commission announced a settlement with JPMorgan Securities, Bear Stearns and some affiliates over allegations they misled investors and mishandled bulk settlement proceeds. The case involved is Securities and Exchange Commission v. J. P. Morgan Securities LLC, EMC Mortgage, LLC, Bear Stearns Asset Backed Securities I, LLC, Structured Asset Mortgage Investments II, Inc., SACO I, Inc., and J. P. Morgan Acceptance Corporation I, Case No. 12-CV-1862 (RLW). In November 2012, the SEC filed...

New accounting rules for prepayment-sensitive assets that could give banks more flexibility in how they hedge their MBS investments are expected to be unveiled sometime in the third quarter. The Financial Accounting Standards Board recently announced that it will issue a new standard to simplify rules for hedge accounting. The standard will take effect for public companies in 2019 and private companies in 2020. “The amendments in the new standard will permit more flexibility in hedging interest rate risk for both variable-rate and fixed-rate financial instruments,” FASB said. The organization said...

Two high-profile real estate investment trusts – Annaly Capital Management and New Residential Investment Corp. – appear to be refining their investment strategies these days, heading in different directions in terms of what asset classes they prefer. New Residential is continuing to make huge bets on mortgage servicing rights. According to its just-released earnings statement, the investor is showing no reluctance whatsoever when it comes to size. A new tally from Inside Mortgage Finance shows that New Residential ended the second quarter with $353.0 billion of “full servicing” rights in its possession, up 40.1 percent from March 31. A year ago, the REIT wasn’t...

Investors in non-agency mortgage-backed securities continue to grapple with a decision by a trustee to withhold millions of dollars from investors in vintage deals. Industry analysts suggest that post-crisis non-agency MBS include protections against such withholding. At the end of June, Wells Fargo withheld $94.3 million in funds from investors in 20 non-agency MBS that were subject to clean-up calls by New Residential Investment. The deals in question are the subject of a lawsuit ...

Ginnie Mae this week announced the full automation of Platinum securities processing and issuance – a key step in modernizing the agency’s outdated technology and infrastructure. Automation went into effect in mid-July and nearly $1 billion of the Platinum pools have been processed through the MyGinnieMae portal, the agency said in a statement. MyGinnieMae is a self-servicing portal that connects users and enables collaboration and the sharing of organizational knowledge, the agency explained. The year-to-date volume for Platinum mortgage-backed securities is $6.1 billion. Ginnie’s Multiclass Securities Program allows participating issuers to pool some of their MBS into a single Platinum trust, which issues securities based on the pool. A Platinum security is designed to improve liquidity of Ginnie MBS through trades or use in structured finance and repurchase transactions. Previously, Platinum products were ...

Mortgage-investing real estate investment trusts are having a field day this year, selling additional common stock – and even preferred – to the public, while nonbank lender/servicers continue to be locked out of the market. And given the fact that origination volumes could wind up 20 percent lower this year than in 2016, it’s unlikely that investors will give nonbanks much of a chance unless they can prove themselves as “disruptors” with a “fintech” bent to their operating strategy. But that isn’t...

A recent ruling by the Supreme Court of the United States affirmed a three-year statute of repose for certain securities-related lawsuits. The ruling will likely limit the claims that can be brought by investors in faulty MBS and ABS. The case of California Public Employees’ Retirement System v. ANZ Securities involved an attempt by CalPERS to opt out of a class-action lawsuit against securities underwriters and file a separate claim in a timeframe beyond a three-year limitation. In a 5-4 decision at the end of June, the Supreme Court affirmed rulings by lower courts that determined that CalPERS’ action was untimely under the three-year statute of repose in the Securities Act of 1933. The majority opinion written by Justice Anthony Kennedy said...

With inflation weakening and continuing to lag behind the Federal Reserve Open Market Committee’s 2 percent target, the Fed this week surprised no one and unanimously decided to leave the federal funds target rate unchanged at 1.00 percent to 1.25 percent. The U.S. central bank also indicated it will likely begin to gradually unload its enormous balance sheet “relatively soon,” which market participants and observers read as sometime this fall – probably with an announcement in September, with run-off set to begin in October. In terms of its portfolio, the FOMC said...

A new source of risk for residential MBS has emerged in the wake of Wells Fargo’s recent decision to hold back significant funds from MBS transactions to cover potential litigation expenses resulting from investor claims. In its latest report, Moody’s Investors Service warned that trustee holdbacks, such as Wells Fargo’s action, have a negative effect on the MBS transactions. Such actions reduce, at least temporarily, the funds available to pay interest and principal to bondholders, the rating agency said. Last month, Wells Fargo notified...