Secondary market participants’ reluctance to invest in mortgages out of fear of liability from the loans being originated with TRID errors seems misplaced or overblown, a new report from Moody’s Investors Service suggests. Violations of the CFPB’s integrated-disclosure rule will not notably increase losses in prime jumbo residential mortgage-backed securities, according to a recent analysis by the ratings service.As Moody’s sees it, TRID violations in prime jumbo RMBS will be minimal and often curable. “Prime jumbo RMBS exposure to loans that violate TRID will largely be kept in check thanks to third-party due diligence reviews,” Moody’s said. On top of that, lenders and aggregators will be able to correct most TRID violations before issuers place the affected mortgages in ...

Fitch Ratings recently updated its U.S. residential mortgage-backed securities rating criteria, partly to include adjustments to due diligence grades having to do with the CFPB’s Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule, otherwise known as TRID. Fitch said it expects that participating third-party due-diligence review firms will determine whether mortgages being reviewed for inclusion in MBS have been closed in compliance with the disclosure rule. Further, the ratings service said it would request that due diligence firms grading loans determine whether the findings are more likely to carry statutory damages and assignee liability or just assignee liability. When it comes to grading TRID loans under the revised criteria, Fitch said unresolved errors that carry an increased ...

Marketplace lender Social Finance is contemplating a securitization of jumbo mortgages, according to industry officials who claim to have knowledge of the firm’s operations. The news comes amid an interesting time for the jumbo loan market: production volumes are generally strong and likely will be boosted even more by the recent decline in interest rates. But even established nonbank players have been avoiding the securitization route, opting instead to sell newly originated jumbos to commercial banks. SoFi, as the privately held company is known, has been placing...

A new fund has been created to encourage investments in the dwindling supply of single-family and multifamily affordable-housing options. Ten banks have contributed to the $25 million Community Development Fund since it opened in February. The fund will invest primarily in securities issued or guaranteed by the U.S. government or its agencies, and other investment grade fixed-income securities. In normal circumstances, the fund plans to invest at least 90 percent of its net assets in debt securities and other debt instruments that the fund’s advisor deems would qualify under the Community Reinvestment Act. Ken Thomas, president of Community Development Fund Advisors in Miami, set up...

The Securities and Exchange Commission’s recent $12.7 million settlement with First Mortgage Corp. and several of its top executives over an allegedly fraudulent sale of toxic MBS to investors reveals the agency’s hidden role as a regulator of Ginnie Mae issuers, attorneys at Mayer Brown warned. Though seldom in the news, the SEC continues to bring enforcement actions against public companies that commit fraud involving Ginnie MBS, as seen in the FMC case, and previous enforcement actions against Taylor Bean & Whitaker and Radius Capital, the attorneys noted in a recent analysis. When bringing these cases, the SEC seeks...

Ginnie Mae has good reason to be concerned about rapid demographic change in its relatively small issuer community. Nonbank institutions – many of them relatively newly formed and based on nontraditional business models – are taking over the market. Nonbank issuers accounted for a whopping 69.4 percent of Ginnie’s issuance of single-family mortgage-backed securities during the first quarter of 2016. A year ago, their share was 64.6 percent. Two years ago it was 46.7 percent. With those kinds of gains on the production line, it’s not hard to see why nonbanks are claiming a growing share of Ginnie servicing outstanding. At the end of March, nonbanks owned 46.7 percent of Ginnie single-family mortgage servicing rights, up a hefty 11.5 percentage points in one year. That rate of growth can’t be accomplished just by producing new MBS because the servicing market simply doesn’t grow that fast. (Although the Ginnie market has grown significantly faster than any other segment of ... [ 2 charts ]

CRT Capital Group has begun winding down its mortgage research division, Sterne Agee CRT, casting a shadow over publicly traded residential stocks and dashing the hopes of any nonbanks that were hoping to pull off an initial public offering this year. As one equities researcher told Inside Mortgage Finance this week: “It’s not fun being a stock analyst these days.” And commenting on the recent – and unexpected – drop in rates, he added: “Some of these firms may get smoked.” Four years ago, Sterne Agee was...

The Structured Finance Industry Group late last week published a final draft of the standards for due diligence firms to use when testing loans for compliance with the Truth in Lending Act/Real Estate Settlement Procedures Act disclosure rule. “The underlying premise of this documentation is to establish a best practices approach to pre-securitization testing logic that will drive the due diligence conducted by third-party review firms,” SFIG said. The RMBS 3.0 TRID Compliance Review Scope documentation addresses...

Mortgage-finance reform doesn’t look to be anywhere on the horizon, but at some point government policymakers will have to figure out what to do with trillions of dollars of Fannie Mae and Freddie Mac MBS if the two government-sponsored enterprises are put out to pasture. In fact, the transition to a new GSE single security that’s scheduled to start in 2018 could become a test run of sorts for the even bigger changes ahead, according to a paper published by the Urban Institute. Crafted by five mortgage-industry veterans, “A More Promising Road to GSE Reform” is centered on the creation of a new government corporation that would replace Fannie and Freddie. The National Mortgage Reinsurance Corp. would issue...

With time ticking toward a Dec. 24 compliance date, issuers of commercial MBS continue to try to develop structures that will meet risk-retention requirements. Richard Jones, a partner at the Dechert law firm, warned that the industry is “in trouble.” In an analysis published this month, he wrote, “We as an industry don’t have a scalable solution to the problem. We … do not know what this will cost, who will pay for it, and to what extent this is an existential risk to commercial real estate capital formation as it has been conducted for the past 25 years.” He noted...