Separate appeals courts this week vacated legal victories that the federal government achieved in the aftermath of the financial crisis. The cases involve former officials at State Street Bank and Trust and a former MBS trader at Jefferies & Company. In 2014, commissioners of the Securities and Exchange Commission voted 3-2 to reverse a ruling by the SEC’s Chief Administrative Law Judge involving James Hopkins, a former vice president and head of North American product engineering at State Street, and John Flannery, a former CIO at the bank. The ALJ had dismissed...

The securitization of non-agency, nonprime residential loans appears to be heating up as 2015 draws to a close, but bond sizes continue to be – expectedly – quite small. Then again, that’s not the point of these deals, lending executives and investment bankers involved in the market, argue. The idea is to set the table by issuing securities backed by loans that fail to meet the qualified-mortgage test in the hope that, down the road, bond sizes will increase. Earlier this month, according to a report by Bloomberg, Lone Star Funds issued...

Two investment banking firms – Interactive Mortgage Advisors and MountainView Servicing Group – have at least $17 billion (combined) in mortgage servicing rights auctions in the works, a sign that the sector is heating up as the year draws to a close. Several other advisory firms have announced deals in the past few weeks, including The Prestwick Group and Mortgage Industry Advisory Corp. Also, sources contend that investment banker Houlihan Lokey is busy as well, though company officials there declined to comment for this story. Mark Garland, president of MountainView, said...

A non-agency MBS sponsored by CarVal Investors issued this week includes a new fee-based compensation structure for one of the servicers involved in the $474.2 million transaction. Mill City Mortgage Loan Trust 2015-1 is backed by re-performing mortgages that had seasoned for nearly nine years, on average. Some 90.1 percent of the loans had received modifications and almost all of the mortgages in the deal were current at the time of issuance. Shellpoint Mortgage Servicing will service...

PIMCO led non-agency MBS investors in the filing of a class-action lawsuit against Citibank last week, alleging that Citi didn’t adequately perform trustee duties on MBS issued before the financial crisis. The lawsuit claims violations of New York’s Streit Act, which has been cited in several other lawsuits against trustees. PIMCO et al v Citibank was filed in New York’s state supreme court. Other investors involved in the filing include AEGON, Kore Advisors, Prudential and Sealink Funding Limited, and the plaintiffs aim to include all that have invested in 25 non-agency MBS where Citi is the trustee. The deals were issued...

An increase in interest rates by the Federal Reserve is likely to be accompanied by a change to a Fed program that could have a significant impact on investors’ cost to finance purchases of MBS, according to industry analysts. The Fed could increase interest rates as soon as Dec. 16. In a report released this week, analysts at Deutsche Bank Securities noted that Fed officials have discussed removing a cap on the Fed’s overnight reverse-repurchase program when interest rates increase. “That program will almost surely put...

Two former officials at Standard & Poor’s called on the Securities and Exchange Commission to look for violations of new rules involving rating shopping. The SEC published a final rule with new requirements for rating services in August 2014. In a recent paper, Mark Adelson and David Jacob pushed the SEC to use the new rule to go after rating services that make adjustments to rating criteria in an effort to gain business, with a focus on the structured-finance market. Adelson and Jacob said such rating shopping by issuers has been “widespread” since the mid-1990s. Adelson was S&P’s chief credit officer from May 2008 until December 2011. He is currently the chief strategy officer of The BondFactor Company, which focuses ...

Acting on a new policy that increases the focus on prosecuting individuals for corporate wrong-doing, the Department of Justice is reportedly planning to file criminal charges against executives at JPMorgan Chase and the Royal Bank of Scotland for the alleged pre-crisis sale of non-agency MBS to unsuspecting investors, the Wall Street Journal has reported. According to the report, the DOJ investigations were based on documents that allegedly suggested that shortly before the mortgage meltdown, executives at the two financial institutions securitized mortgages and sold them to investors knowing that the underlying loans were defective. The JPMorgan probe began after prosecutors uncovered crucial evidence from a related civil investigation in 2007: a memo from a bank employee cautioning senior executives about ...

The latest developments in the Structured Finance Industry Group’s effort to revive the non-agency MBS market have been met with praise from many industry participants. However, larger issues continue to constrain activity in the market. SFIG recently released a package of model representations and warranties for non-agency MBS. “I think this effort to standardize reps and warrants is a really important step in helping investors get more comfortable with the sector,” Grant Bailey ...

Menendez Introduces HAWK Amendment in T-HUD Appropriations Bill. The National Association of Realtors recently sent a thank-you note to Sen. Robert Menendez, D-NJ, for introducing an amendment to H.R. 2577, the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act of 2016, to restore HUD’s authority to offer the Homeowners Armed with Knowledge (HAWK) program. Lawmakers who were concerned about the financial condition of the FHA Mutual Mortgage Insurance Fund denied funding for the HAWK program last year in a continuing spending bill, effectively stalling the program for a year. The HAWK program is a key component of the FHA’s Blueprint for Access, which was designed to open up the credit box for underserved borrowers. Specifically, program participants will benefit from reductions in FHA premiums once they complete ...