Congressional legislative action – something likely out of reach for at least the next two years – is either a part of the problem or the only solution to unraveling the final fate of Fannie Mae and Freddie Mac, according to two distinctly different schools of thought being argued this week. The rhetorical boxing match pitted Urban Institute Fellow Jim Parrott’s thesis that only a legislative fix by Congress can free the two government-sponsored enterprises from the status quo against Jim Millstein, CEO of Millstein & Co., who contends that the GSEs should emerge recapitalized from conservatorship forthwith, a feat that can and should be executed via “administrative reform.” Parrott fired...

A New York federal judge was out of line and beyond his discretionary authority when he rejected the Securities and Exchange Commission’s proposed $285 million settlement with Citigroup in 2011 stemming from the bank’s alleged mishandling of MBS, an appeals court ruled this week. A three-judge panel of the U.S. Second Circuit Court of Appeals vacated the district court’s order, holding that Judge Jed Rakoff of the Southern District of New York abused his discretion by applying an incorrect legal standard to his review of the settlement. Rakoff refused to accept the deal between the SEC and Citi because it did not contain an admission or denial of guilt. The appeals court held...

State regulators considering increasing capital requirements for nonbanks should hold off, according to an analysis by Kroll Bond Rating Agency. With encouragement from the Financial Stability Oversight Council, state regulators are considering prudential regulatory standards for nonbank mortgage companies. “We believe that large nonbank companies, and particularly seller/servicers in the mortgage sector, do not require formal capital requirements and other types of prudential regulation,” KBRA said in a report authored by Christopher Whalen, a senior managing director at the rating service. Nonbank servicers appear...

RBS Securities – which is 64 percent owned by the government of the United Kingdom – is shaking up its mortgage trading operation in the U.S., cutting staff and taking a close look at its future in an extremely tough American mortgage market. Officials at the bank’s MBS headquarters in Stamford, CT, did not return telephone calls about the matter, but several lenders and Wall Street executives confirmed that cutbacks have been made at the company over the past week or so. Frank Skibo, a managing director for RBS in Connecticut, and Ara Balabanian, a director in the group, also could not be reached...

Fannie Mae and Freddie Mac cannot remain safely in conservatorship indefinitely, and they cannot get out from under Uncle Sam’s protection without “cataclysmic” consequences to the government-sponsored enterprises, MBS investors and the market, according to a new Urban Institute study. While the Federal Housing Finance Agency and the White House can make minor changes administratively, the UI paper notes it would take an act of Congress to authorize substantial revisions to the GSEs’ bailout agreement. “They can take...

U.S. auto ABS may have hit a few potholes in recent months, but seasonal factors and investors’ hunger for greater returns is strengthening the sector, especially for subprime deals, according to Wall Street analysts. “Subprime auto ABS continue to benefit from the hunt for yield,” said Elen Callahan and Kayvan Darouian, analysts with Deutsche Bank, in a recent research report. Many deals are oversubscribed and are often upsized, they added. “With spread differentials of up to 600 basis points, depending on issuer and tranche, investors who are comfortable with the asset class’s recent performance are moving from the top of the credit structure, down to the first-loss piece, to pick up yield.” Increased demand for subprime auto ABS subordinate bonds is...

The market for securities backed by proceeds from single-family rental properties is set to grow from deals backed by a single firm to pools with multiple sponsors, according to industry analysts. The sector has produced more volume than the jumbo MBS market in recent months and investor demand for single-family rental securities remains strong. Rating services are projecting that single-family rental securities soon will come to market with multiple sponsors or borrowers in a single security. Kroll Bond Rating Agency released...

New margin rules for broker-dealers may trip up mortgage bankers using mortgage-backed securities to hedge their businesses, according to experts discussing various liquidity issues during last week’s Secondary Market Conference sponsored by the Mortgage Bankers Association. Fannie Mae has traditionally reserved the right to invoke margin calls if the government-sponsored enterprise needed to, even before the Treasury Practices Market Group issued new best practices on the subject, said Renee Schultz, a Fannie vice president, but this right was rarely used. When the TPMG recommendation came out, it appeared to be aimed at systemic risk. But since it was addressed to all broker-dealers, Fannie adopted it. Fannie has implemented...

Ford Credit priced a $1.08 billion deal earlier this month backed by prime auto-loan receivables that included a noteworthy twist, according to John McElravey, director of consumer ABS research at Wells Fargo Securities. The deal will revolve for five years before paying principal with a soft-bullet maturity. “In our opinion, this deal adds an interesting new dimension to prime auto-loan ABS,” McElravey said in a recent report. “We would not be surprised if other prime lenders eventually adopted similar structures based on market pricing and the pace of investor acceptance. Upon reflection, it is somewhat surprising that more prime auto-loan ABS have not been structured in this way.” Moody’s Investors Service explained...

ResCap Liquidating Trust filed lawsuits last week against a number of Residential Funding’s correspondent lenders regarding alleged breaches of representations and warranties on mortgages included in non-agency MBS. The lawsuits relate to business completed before RFC’s parent company Residential Capital entered bankruptcy. RLT, which was established to liquidate and distribute the assets of the debtors in the ResCap bankruptcy case, filed 12 similar lawsuits last week seeking buybacks from Bank of America and First Republic Bank (as successors of Old First Republic), PHH Mortgage, RBC Mortgage and a number of smaller lenders. The correspondent lenders sold more than $1.52 billion in mortgages to RFC, according to the lawsuits. RLT claims...