The City Council of North Las Vegas, NV, is the latest local jurisdiction to be drawn by the eminent domain siren song of Mortgage Resolution Partners, despite the near-certain prospects of eventually crashing upon the rocks of opposition from federal agencies. Last week, the city council voted four-to-one in favor to approve a two-month advisory services agreement with MRP to advise the city on the seizure of mortgage loans through the use of eminent domain. Under the parameters of the agreement, MRP is to inventory potential loans in North Las Vegas that could be affected by its program, at no cost to the city, and to design a program for those loans that are inventoried. That program is to be brought back before the city council within 60 days at its Aug. 21, 2013, meeting. Also, the agreement prohibits...

Assured Guaranty Municipal Corp. will terminate a lawsuit it has pending against Flagstar Bancorp and will not pursue any future related claims under a settlement agreement the two entities announced last week. Under the agreement’s terms, Flagstar will pay Assured $105 million to settle the suit filed by the Bermuda-based bond insurer in 2011 related to $902 million of non-agency MBS it insured in 2005 and 2006 that were backed by home-equity lines of credit. The suit claimed the HELOCs did not comply with the representations and warranties made by the bank. In February, a New York federal judge ruled...

“This has been a particularly challenging week,” said Peter Sack, a managing director at Credit Suisse, during a webinar hosted this week by Inside Mortgage Finance. The yield on the benchmark 10-year Treasury has increased significantly in the past month, making pricing on non-agency jumbo MBS unattractive for issuers. In addition to issuing its own jumbo MBS, Credit Suisse has served as an underwriter on a number of deals, including the non-agency MBS from Shellpoint Partners that priced this week after a slight delay due to rapidly increasing interest rates and other pricing metrics. Analysts at FBR Capital Markets said...

Participants in the non-agency mortgage-backed security market are concerned about the strength of the sector as interest rates and other pricing metrics have increased significantly in recent weeks. “When the 10-year Treasury rate started to rise recently and the mortgage interest rate spread out by 20 basis points, the non-agency MBS market spread out by 50 basis points,” said Lewis Ranieri, chairman of Ranieri Partners, at a forum hosted by the Bipartisan Policy Center last week. “And given there’s ...

Shellpoint Partners issued its first non-agency jumbo mortgage-backed security this week, which differs in a number of ways from non-agency MBS issued since 2010. The deal is an attempt to loosen – slightly – non-agency MBS underwriting standards, although the rating services were critical of the originator, New Penn Financial. Shellpoint Asset Funding Trust 2013-1 was initially planned as a $261.58 million non-agency MBS, according to presale reports issued last week. The deal was reportedly restructured ...

The preferences of investors and the rating services play a significant role in the characteristics of mortgages included in non-agency jumbo mortgage-backed securities, according to industry participants. “The rating agencies are a first part of the analysis, but investors in these bonds are paying very careful attention to these loan characteristics, to credit exceptions and to who the lenders are,” Peter Sack, a managing director at Credit Suisse, said this week at a webinar ...

A bipartisan group of members of the Senate Banking, Housing and Urban Affairs Committee introduced legislation this week to reform the government-sponsored enterprises. However, industry participants and analysts predict that Congress is unlikely to pass GSE reform anytime soon. S. 1217, the “Housing Finance Reform and Taxpayer Protection Act,” would wind down Fannie Mae and Freddie Mac within five years of passage and replace their functions with a new government entity ...

Private MBS investors will likely see reduced competition from the Federal Reserve later this year if the central bank begins to slow down its purchases of agency MBS, but there is also likely to be a sharp drop in new MBS supply at the same time. The Federal Open Market Committee made no changes in its policy of adding $40 billion a month to its massive $1.165 trillion portfolio of agency MBS, in addition to reinvesting payments from its agency debt and MBS holdings. It also promised to closely monitor economic and financial developments and stands prepared to increase or decrease its MBS purchases. But Fed Chairman Ben Bernanke later indicated...[Includes two data charts]

Looser underwriting standards and concerns about the financial strength and limited operational history of Shellpoint Partners pushed the credit enhancement on the issuer’s pending non-agency MBS to levels not previously seen in the new wave of non-agency MBS issuance. Shellpoint is preparing a $261.58 million non-agency jumbo MBS, according to presale reports released this week. The deal is set to receive a AAA rating with credit enhancement of 10.10 percent on the top-rated tranche. AAA credit enhancement levels on recent deals from Redwood Trust and JPMorgan Chase have ranged...

Representatives of the structured finance industry are worried about the effect the Consumer Financial Protection Bureau’s ability-to-repay/qualified-mortgage rule will have on the revival of the non-agency MBS sector. One of their main concerns right now is that the further away a loan is from getting safe harbor protection as a qualified mortgage, the more legal uncertainty and higher costs there will be associated with it. Last week, analysts at Morningstar Credit Ratings LLC noted that the rule will allow a borrower in the first three years of the mortgage to bring legal action challenging whether the lender determined an ability to repay. If successful, the borrower can be entitled to up to three years of fees and finance charges, actual damages, and legal fees and costs, they said. Additionally, the borrower will be able...