The California Supreme Court late last week issued a ruling in a case where a borrower challenged the foreclosure of a loan that was included in a non-agency MBS issued in 2007. The court allowed the borrower’s claims to proceed, which could prompt a significant increase in foreclosure-related litigation for California mortgages in non-agency MBS. An opinion authored by Kathryn Werdegar, an associate justice of the California Supreme Court, stresses that the court’s ruling in Yvanova v. New Century Mortgage is narrow. “We hold only that a borrower who has suffered a non-judicial foreclosure does not lack standing to sue for wrongful foreclosure based on an allegedly void assignment merely because he or she was in default on the loan and was not a party to the challenged assignment,” Werdegar said. The ruling left...

Mortgage delinquency rates continued their upward trend in the fourth quarter of 2015 with the highest percentage of delinquencies recorded for the year, according to the Inside Mortgage Finance Large Servicer Delinquency Index. About 5.98 percent of the $5.194 trillion in home loans covered in the survey were in some stage of default as of Dec. 31, 2015. That was up from 5.85 percent in the third quarter of last year, but down from the 6.53 percent in the fourth quarter of 2014. The number of loans that were more than 90 days late witnessed the largest uptick, growing from 1.62 percent to 1.71 percent. The only category that showed any kind of a decrease was...[Includes one data table]

Commercial banks and savings institutions continued their buying spree in the MBS market during the fourth quarter of 2015, according to a new ranking and analysis by Inside MBS & ABS. Banks and thrifts held a record $1.644 trillion of residential MBS in their available-for-sale and held-to-maturity portfolios as of the end of last year. That was up 2.2 percent from the third quarter and represented a 6.8 percent gain over 12 months. All of the increase came...[Includes two data tables]

Panelists speaking at a seminar on Fannie Mae and Freddie Mac credit-risk transfers this week agreed that the program, while successful, could use some fine-tuning such as creating a deeper mortgage-insurance version and broader participation by real estate investment trusts. While REITS are active in credit risk transfers, their participation is small when compared to their role in non-agency MBS, said experts at the seminar sponsored by the Urban Institute and CoreLogic. Bill Roth, chief investment officer of Two Harbors, noted that REITs have purchased or retained the subordinate tranches in at least 60 percent of the non-agency MBS issued over the past three years, but just 2 percent of CRT deals issued by the government-sponsored enterprises as of July 2015. “REITs would love...

Fitch Ratings proposed a number of changes to its residential MBS loss model this week, as part of an annual review. The changes would prompt slightly lower loss expectations for most of the types of deals that are currently being issued. The rating service said the most meaningful proposed change with a positive implication on loss expectations is expected to be a lower default assumption for borrowers with strong equity positions. The lower default assumption was prompted by a proposed Cure Rate Adjustment. Fitch said...

Securities backed by nonperforming mortgages, one of the biggest sources of volume currently in the non-agency MBS market, are expected to continue to look good for investors and issuers, even as the housing market recovers. This week, analysts at Bank of America Merrill Lynch recommended investing in senior tranches of non-agency MBS backed by nonperforming loans. “As things get bad for risk assets and we recommend positioning for further widening in risk premium, NPL senior tranches stand out...

For the first time since October 2008, Moody’s Investors Service upgraded two top private mortgage insurance companies to investment grade due to strong performance of new insurance written, cost savings and fewer losses. However, risk factors, including proposed capital regulations from the National Association of Insurance Commissioners, could adversely impact the ratings. Mortgage Guaranty Insurance Corp. and Radian Guaranty now have Baa3 ratings from Moody’s, although other rating servicers appear disinclined to follow. Both MIs continue to be rated below investment grade by Standard & Poor’s. The improved ratings come...

Clean-up calls were recently completed on three jumbo MBS issued by Redwood Trust in 2010 and 2011, marking the first such actions on post-crisis jumbo MBS. While MBS investors can take some losses when clean-up calls are completed, analysts suggest that’s not currently much of a concern for post-crisis jumbo MBS. Holders of clean-up call rights, typically servicers, have an option to purchase the remaining loans in an MBS when the outstanding balance of the deal falls below a certain threshold. Redwood completed...

Federal courts and a state attorney general have been busy this past week churning out decisions and announcing settlements on a number of cases involving legacy non-agency MBS, Wall Street financial institutions and pension funds. A hearing on a proposed $272 million cash settlement of two class-action lawsuits against Goldman Sachs involving legacy MBS will be held on April 13, 2016, at 10 a.m. in U.S. District Court for the Southern District of New York. Attorneys for the plaintiffs, NECA-IBEW Health & Welfare Fund and the Police and Fire Retirement System of the City of Detroit, sent out...

Fitch Ratings will allow for differences in third-party due diligence practices when rating various types of residential MBS, granting concessions to risk-sharing transactions from the government-sponsored enterprises. The firm released revised master-rating criteria late last week. Among the changes compared with criteria that were released in October was an allowance for differences among non-agency MBS backed by recent originations, transactions related to the GSEs and non-agency MBS backed by seasoned loans. While most jumbo MBS issued in recent years have included third-party due diligence reviews of 100 percent of the loans in a deal, the GSEs’ much larger risk-sharing transactions have been...