A ruling late last week by the New York Court of Appeals will likely help provide certainty to non-agency MBS issuers regarding liability from breaches of representations and warranties while limiting claims from investors. The appeals court confirmed a lower court’s ruling in ACE Securities v. DB Structured Products, determining that the statute of limitations for claims of breaches of representations and warranties starts when a deal is closed – not when a potential breach is discovered. “Representations and warranties concern...

Most participants on the Federal Open Market Committee anticipate an increase in interest rates sometime later this year, and not delaying until 2016, the FOMC indicated after its two-day meeting concluded Wednesday afternoon. Meanwhile, the Fed’s support of the housing market through reinvesting in MBS continues as it has, with no change in the U.S. central bank’s thinking when it comes to the management of its balance sheet. “The committee reaffirmed...

Lenders are accounting for an increasing share of home purchase financing as investors decrease their largely cash buying. Purchases by first-time homebuyers are rising, helped by FHA financing. “First-time homebuyers rarely buy homes with cash and with their increasing participation in the housing market, we expectedly see the proportion of cash-financed transactions falling,” said Tom Popik, research director of Campbell Surveys. The non-cash share of financing for home purchases increased...

Angel Oak Mortgage Solutions was hoping to make a big splash this year by being the first lender to securitize newly originated nonprime mortgages since the housing bust. It now appears those plans are on hold. According to officials who said they have been briefed on the situation, the Atlanta-based Angel Oak is now shopping around a roughly $100 million package of nonprime loans, many of which were originated over the past year. One investor said...

While issuance of jumbo mortgage-backed securities is the strongest it’s been in the aftermath of the financial crisis, industry analysts suggest that it will be years before activity in the non-agency MBS market returns to levels anywhere near what was seen before the financial crisis. “The short-term outlook remains dismal,” said Quincy Tang, a managing director and head of U.S. residential MBS at DBRS. The factors that have limited issuance ...

The Department of Veterans Affairs expects to issue a final rule establishing ability-to-repay (ATR) standards and defining a “qualified mortgage” in October, according to the agency’s regulatory agenda for the second half of 2015. Proposed in May 2014, the rule would implement provisions of the Dodd-Frank Act, which, among other things, would require the VA to define the types of loans that are QMs under the new ATR provisions of the Truth in Lending Act. VA loans that are designated as QM would have either safe-harbor protections or the presumption that the borrower is able to repay the mortgage loan, in accordance with the new ATR provisions. The final rule would not change VA’s regulations or policies regarding mortgage originations, except when lenders want to originate QMs, the VA said. A VA spokesman clarified that action dates on any particular rulemaking are not ...

Americans were too busy refinancing and shoveling snow to get new home-equity loans during the first quarter of 2015, a new Inside Mortgage Finance analysis reveals. Mortgage lenders did an estimated $19.5 billion of home-equity lending during the first three months of 2015, based on new commitments for home-equity lines of credit – by far the most active part of the HEL market – plus originations of closed-end seconds. That was down 7.1 percent from the fourth quarter of last year. Despite the slowdown in the first quarter, home-equity production was...[Includes three data tables]

After being indicted for loan fraud in 2012, Abacus Federal Savings Bank was acquitted of grand larceny and conspiracy charges last week that stemmed from a case brought by the New York District Attorney’s office that involved Fannie Mae. The small Manhattan-based bank, which primarily serves Chinese-Americans in the New York region, was accused of mortgage fraud and falsifying documents and then selling those faulty mortgages to Fannie from 2005 to 2010. Following a four-month trial and nine days of deliberations, a New York jury acquitted...

June 15 marks a new era for issuers and underwriters of MBS and ABS as a new rule from the Securities and Exchange Commission takes effect. For rated securities, even private placements, public disclosure of results from third-party due diligence reviews will be required before a deal is priced. Industry analysts suggest that the rule will prompt a number of changes in the market. “Many in-scope third-party due diligence services will have to be completed...

With interest rates rising again, the future looks somewhat cloudy for real estate investment trusts that invest in MBS, a situation that investors have grown accustomed to the past few years. According to figures compiled by Keefe, Bruyette & Woods, the 28 mortgage investing REITs tracked by the firm had a combined market capitalization rate of $47.8 billion at the end of May, a slight drop from a year ago when the tally was $49.0 billion. Then again, not all of the 28 are...