Production of new non-agency MBS and non-mortgage ABS increased sharply in the first quarter of 2013, offsetting a slight decline in the agency MBS market. Total MBS and ABS issuance rose 2.9 percent from the fourth quarter of 2012 to $515.3 billion during the first three months of 2013, according to a new Inside MBS & ABS analysis and ranking. The first quarter of this year was up 19.7 percent from the same period in 2012, and it marked the strongest quarterly issuance since the third quarter of 2009. For a change, the increase did not come...[Includes two data charts]

Moody’s Investors Service issued a “special comment” this week to warn that the new non-agency jumbo MBS issued by JPMorgan Chase would not have received a AAA rating from Moody’s, had the firm been asked to rate the deal. The rating service raised concerns about representations and warranties and a lack of risk retention on the deal.

The U.S. Supreme Court has denied a petition to review a federal appeals court decision to reinstate a securities class action lawsuit filed by MBS investors against Goldman Sachs. In denying the petition, the SCOTUS let stand a ruling by the U.S. Court of Appeals for the Second Circuit to overturn a lower court’s decision to dismiss the plaintiff’s suit for lack of standing and for failure to show injury.

The majority of financial institutions defending themselves against a massive litigation initiative by the Federal Housing Finance Agency on behalf of Fannie Mae and Freddie Mac for toxic mortgage-backed securities purchased by the GSEs launched a counteroffensive this week by urging a federal appeals court to intervene in their favor against the “unfair” trial judge. Fifteen banks, including JPMorgan Chase, UBS Americas, Citigroup, Deutsche Bank and Bank of America, filed a joint petition with the Second Circuit Court of Appeals in New York complaining that U.S. District Judge Denise Cote has engaged in a “one-sided” approach designed to force a settlement rather than “foster fair and reasonable determination of the issues.”

Two banks re-entered the non-agency mortgage-backed security market in late March after years of holding such originations in portfolio. JPMorgan Chase issued a $616.26 million non-agency jumbo MBS and EverBank Financial is set to issue a $307.36 million non-agency jumbo security. The banks join Redwood Trust, which was the only non-agency jumbo MBS issuer in 2010 and 2011, and Credit Suisse, which resumed non-agency jumbo MBS issuance in 2012. The banks issued non-agency jumbo MBS even though they ...

With several new jumbo MBS deals in the works – from Redwood Trust, JPMorgan Chase and EverBank Financial – it would seem likely that a robust market might develop for the subordinate tranches of these transactions. But so far it’s been a case of plenty of interest in the instrument, but little in the way of available product.

The number of active issuers of jumbo non-agency MBS effectively doubled this week as presale reports were released on pending deals from JPMorgan Chase and EverBank Financial, bringing more depth and diversification to a market that has slowly regained its footing over the past year.Chase is offering a $616.26 million non-agency jumbo MBS and provided 48.1 percent of the loans to be included in the security. The deal is set to receive AAA ratings from DBRS, Fitch Ratings and Kroll Bond Rating Agency with a 7.40 percent credit enhancement on the top-rated tranche.

Citadel Loan Servicing Corp. of Irvine, CA, which has raised $200 million from investors to originate nonprime, non-agency residential loans, may try to sell a non-agency MBS in the public market over the next year, according to CEO Dan Perl.When news first broke earlier this month that Citadel had completed its capital raise, the firm said it would likely issue an MBS – but privately. But in a recent interview with Inside MBS & ABS, Perl said “it could wind up being a public deal” though he declined to give much color on the situation.

Nomura recently made a $78.0 million make-whole payment on one of its non-agency MBS deals that was enough to completely pay off the class A notes and reverse substantial realized losses on the class M1 and M2 securities, according to Barclays Capital. Such loan-level repurchases have been uncommon since topping out at about $6.0 billion in payments in 2007.

JPMorgan Chase and EverBank Financial are separately working on non-agency jumbo mortgage-backed security deals, according to presale reports released this week. Issuance by the two banks will double the number of post-crisis non-agency jumbo MBS issuers, and they are doing things a little differently than standard-setter Redwood Trust. After the pending deals close, $3.59 billion in non-agency jumbo MBS will have been issued in 2013, according to the Inside Mortgage Finance MBS Database, more than the ...