A ruling late last year by a state appeals court in New York threatens to upend the practice of providing “gap” or “bridge down” representations and warranties on residential MBS, according to a brief submitted on behalf of the Securities Industry and Financial Markets Association. SIFMA asked the New York State Court of Appeals to reverse the lower court’s ruling in Bank of New York Mellon v. WMC Mortgage. Lawyers at the law firm of Stroock & Stroock & Lavan submitted an amicus brief to the N.Y. State Court of Appeals on behalf of SIFMA regarding the case. “The court’s resolution of this issue could have...

Fannie Mae and Freddie Mac continued to whittle away at their retained mortgage portfolios during the second quarter, keeping up a focus on shedding less-liquid assets. The two government-sponsored enterprises held a combined $637.0 billion of mortgage loans and mortgage securities at June 30, down 17.6 percent from a year ago. Under the current terms of their conservatorship, Fannie and Freddie are required to reduce their mortgage portfolios by at least 15.0 percent a year. By the beginning of 2018, each GSE portfolio is expected...[Includes one data table]

Fannie Mae’s new securitization program for modified single-family mortgages could generate as much as $24 billion in issuance, according to an analysis by Bank of America Merrill Lynch. The program will create “an asset class meriting investor focus,” BAML noted. Fannie recently released...

Two Harbors Investment and other nonbank conduits exited the jumbo market just before pricing for new jumbo mortgage-backed securities improved, according to industry participants. “The difference between a bulk sale execution and a Sequoia execution right now is only an eighth of a point,” Marty Hughes, CEO of Redwood Trust, said this week during the real estate investment trust’s earnings call. “That’s the tightest it’s probably been in a year and a half.” Christopher Abate, Redwood’s ...

S&P Global Ratings upgraded servicer ratings for Ocwen Loan Servicing to average from below average this week. Ocwen’s stock price increased significantly after the upgrade because of ratings clauses in Ocwen’s subservicing agreements with New Residential Investment. S&P downgraded Ocwen’s servicer ratings in June 2015 and if the ratings weren’t raised by April 2017, New Residential could transfer the subservicing to a different company. As of the end of ...

MBS investments by most of the nation’s publicly traded mortgage real estate investment trusts continue to be in a holding pattern these days as they figure out what to do in an environment of declining interest rates and accelerating prepayment speeds. Market leader Annaly Capital Management held $64.9 billion of agency MBS at midyear, down ever so slightly from the prior quarter. Compared to June 2015, Annaly’s MBS portfolio was off 4.1 percent. American Capital Agency Corp., Annaly’s closest competitor in terms of REIT MBS investing, saw...

Freddie Mac will publish a new set of disclosures to help the market track the exchange of its legacy MBS with a 45-day payment delay to a 55-day cycle under the new Single Security, according to a new update from the government-sponsored enterprise. A key disclosure involves the creation of “mirror securities” that help investors track how much of an existing MBS has been exchanged for the new securities. Mirror securities will be created for Freddie’s current participation certificates as well as second-level Giants that are comprised of PCs. Before new Single Securities are created, Freddie will create...

Nonbank jumbo originators may soon find themselves at a pricing disadvantage to depositories thanks to recent events beyond their control: two jumbo conduits calling it quits and updated regulatory language that offers no comfort when it comes to curing “TRID” errors. Industry veteran Bill Dallas, who runs nonbank lender Skyline Home Loans, Calabasas, CA, put it bluntly, saying: “Banks appear to be the big jumbo winners – Union Bank and others.” He said jumbo production is a low-margin business but a necessity in California. The CEO noted...

Pricing for new jumbo mortgage-backed securities has improved recently, prompting Redwood Trust to issue a new transaction relatively quickly. Redwood issued its first jumbo MBS of the year, a $344.89 million deal, in early June. While the company issued an average of one jumbo MBS per month in 2013, the real estate investment trust has largely shifted to whole-loan sales of jumbos in recent years due to better pricing for such transactions. At an investor conference ...

A new tax policy proposed by the Internal Revenue Service in April aimed at corporate “earnings stripping” tax avoidance maneuvers could cause significant problems for the MBS and ABS markets, according to industry participants. The proposed rule from the IRS under Section 385 of the Internal Revenue Code of 1986 would treat related-party debt as equity, aiming to reduce internal restructurings at foreign corporations by establishing new taxes. The Structured Finance Industry Group’s Tax Policy Committee submitted...