The Federal Housing Finance Agency said last week to expect further litigation in its ongoing efforts to recover losses suffered by Fannie Mae and Freddie Mac in connection to the two GSEs’ investments in non-agency securities.Last week, the Finance Agency filed suit against UBS Americas Inc. and various related entities alleging misstatements and omissions of non-agency MBS purchased by Fannie and Freddie.

The government program that came out of the Troubled Asset Relief Plan to provide liquidity for the non-agency MBS market by partnering with private investors was less profitable during the second quarter, according to a Treasury Department report released last week. The Public-Private Investment Program was created to invest in non-agency MBS that other banks couldn’t hold after the economic collapse. Non-agency MBS account for 79 percent of the assets acquired by the eight public-private investment funds, with commercial MBS making up the rest. Almost half of the MBS are ...

The Federal Housing Finance Agency this week filed a lawsuit against UBS Americas alleging misstatements and omissions on non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac. FHFA Acting Director Edward DeMarco warned that further action against other non-agency MBS issuers is likely. “From the issuance of 64 subpoenas last year to the filing of this lawsuit and further actions to come, we continue to seek redress for the losses suffered by ...

Federal regulators are aiming for a delicate balance in new securitization rules that will nudge the mortgage industry toward new non-agency MBS issuance, including making sure there is enough collateral to provide a sustainable volume of new deals. The Government Accountability Office this week released a new report on the impact of the Dodd-Frank Act on the residential mortgage market, confirming the analysis by federal regulators that the proposed risk-retention rule would leave a significant share of the mortgage market outside the qualified residential mortgage definition. The GAO said that about 80 percent of ... [includes two data charts]

Fitch Ratings has updated its criteria for analyzing non-agency MBS for potential rating changes as well as criteria for determining whether cash flows from underlying residential mortgages are adequate to make payments on the rated non-agency MBS. Under the latest change to its surveillance process for non-agency MBS, Fitch said it will consider loan concentration risk as part of its surveillance analysis of pools that have a small number of mortgages remaining and lack certain structural features, such as sequential payment distribution or a subordination floor. Fitch’s latest criteria change will address ...

While industry participants continue to debate the merits of high downpayment standards for qualified residential mortgages, the risk-retention treatment of seasoned securities and loans is also a major concern. In comment letters submitted to federal regulators, the American Securitization Forum and the Securities Industry and Financial Markets Association each called for time limits on the proposed risk retention required for non-QRMs. Under the current risk-retention proposal, SIFMA said financial institutions would be compelled to ...

Bucking a trend among non-agency players, Walter Investment Management last week ceased operating as a real estate investment trust. While a number of non-agency REITs have formed recently, with more likely going forward, most are focused on investments in non-agency mortgage-backed securities. Walter, meanwhile, emphasizes non-prime third-party servicing. The company dropped its REIT status after its acquisition last week of Green Tree Credit Solutions. Walter officials said the company’s REIT status had put the company at ...

Although 22 large investors and Bank of America think they reached a reasonable deal to resolve massive buyback claims on some $221 billion of outstanding Countrywide non-agency MBS, some outside analysts and other investors aren’t so sure. The pending agreement, which has to be approved by the court, requires Bank of America to pay $8.5 billion that would be distributed according to the deals that suffered the biggest losses. In return, the bank would get significant ...

Fitch Ratings has updated its criteria for non-agency MBS, making changes to its standards for representations and warranties, due diligence and originator reviews to better determine credit risk for new issues. Three separate reports released last week revise existing criteria the rating agency created in 2008. “Originator reviews, loan-level due diligence results, and the quality of representations and war-ranties to a transaction are key elements of ...

There have been only a few non-agency MBS securitizations in 2011, and the remainder of the year is not expected to be any more fruitful, according to panelists at the American Securitization Forum annual conference held last week in Washington, DC. Fitch Ratings has rated only one RMBS transaction, said Douglas Murray, group managing director at Fitch Ratings, but there have been...