Two years after being announced, a judge is set to rule on Bank of America’s proposed $8.5 billion settlement involving non-agency mortgage-backed securities. The ruling will set a precedent for other non-agency MBS issuers facing repurchase requests, according to industry analysts. “Either the deal goes through and becomes a template for how to extract oneself from this mess, or it gets rejected and signals that far more pain is coming down the pike,” said Isaac Gradman ...

The funds participating in the Public-Private Investment Program ended their asset purchases in the fourth quarter of 2012 and generated strong returns on investments in non-agency mortgage-backed securities. While Public-Private Investment Funds can retain their holdings through 2017, most have liquidated their portfolios. Nine funds participating in the PPIP purchased $24.9 billion in MBS, largely vintage non-agency MBS along with some commercial MBS. At the end of the ... [Includes one data chart]

Security issuers, investors and the rating services largely praised unsolicited rating requirements established by the Securities and Exchange Commission in 2010, but they had different views on how the rules should be changed. “Rating agency information arbitrage has been eliminated,” Kevin Duignan, global head of structured finance at Fitch Ratings, said of the SEC’s Rule 17g-5, which established unsolicited rating standards. “We’re all getting the same information and we know we’re getting the same information.” Rule 17g-5 requires...

Investors are paying more for vintage non-agency MBS with repurchase disputes and pending settlements than securities not involved in representation and warranty litigation, according to analysts at Amherst Securities Group. The increased pricing comes as the proposed $8.5 billion settlement on non-agency MBS issued by Countrywide Financial nears its conclusion. In the past year, pricing on non-agency MBS involved in rep and warrant litigation outperformed securities not subject to such lawsuits, according to Amherst. “It appears these securities received different treatment, as investors likely included recovery cash flows, and priced the bonds accordingly,” the analysts said. As an example, Amherst pointed...

The two biggest components of the residential mortgage market – conventional loans below the conforming loan limits and government-insured mortgages – saw measurable declines in new originations in early 2013, according to a new Inside Mortgage Finance analysis and ranking. The conventional-conforming market – nearly all of which is financed through Fannie Mae and Freddie Mac securitization – fell to an estimated $333.0 billion during the first quarter of 2013. That was down 5.4 percent from the fourth quarter of last year, but the sector still accounted for a hefty 66.6 percent of total originations during the period. The conventional-conforming market share hasn’t changed...[Includes two data charts]

While non-agency MBS participants largely oppose a credit rating assignment system proposed by Sen. Al Franken, D-MN, some of the main players in the market endorse a model based on ratings rotation. At a roundtable hosted by the Securities and Exchange Commission this week, Martin Hughes, CEO of Redwood Trust, said issuer-paid rating conflicts could be reduced by requiring non-agency MBS issuers to alternate rating services so that one firm didn’t rate more than two consecutive deals from the issuer. He noted that Redwood has established a self-imposed rotation between Moody’s Investors Service and Standard & Poor’s on its non-agency MBS issuance. “The requirement to frequently alternate among the nationally recognized...

Freddie Mac is offering $1.0 billion of its non-agency MBS holdings for sale, according to a spokesman for the government-sponsored enterprise, part of efforts to meet requirements set by the Federal Housing Finance Agency. Fannie Mae also plans asset sales of some sort, but wouldn’t commit to selling its non-agency MBS holdings. Freddie held $70.28 billion in non-agency MBS at the end of the first quarter of 2013 and Fannie held $31.22 billion. The GSEs purchased the non-agency MBS before 2009 and have allowed the holdings to run off ever since. The FHFA recently required...

Rating services are putting considerable energy into assessing the companies that are originating loans for the new breed of jumbo non-agency MBS, in addition to thorough due diligence reviews of the collateral itself, industry experts say. The rating services don’t even begin the rating process until the major loan originators in a transaction clear the “gating” process, said Kathryn Kelbaugh, a senior analyst at Moody’s Investors Service, during a panel session at last week’s secondary market conference sponsored by the Mortgage Bankers Association. “We want to know what originators are doing, have third-party reviews and look at reps and warranties. You have to pass those gates before we can do a rating.” Margaret Sweeney, a director at Fitch Ratings, said...

Shellpoint Acceptance Corp. hopes to come to market with its first non-agency MBS by summer, securitizing not only jumbo loans, but a host of mortgages that fall outside Fannie Mae and Freddie Mac underwriting guidelines for different reasons. According to a recent filing with the Securities and Exchange Commission, the company has committed $2 billion in capital to its shelf registration, though its first deal will be smaller than that. Shellpoint refers...

Shellpoint Partners received approval last week for a $2 billion shelf registration from the Securities and Exchange Commission, paving the way for the company to issue non-agency mortgage-backed securities. “Funding the shelf with substantial capacity shows our commitment to bringing urgently needed private capital back into the housing market,” said Saul Sanders, co-CEO of ShellPoint. “We intend to be a significant issuer of new issue residential MBS and help define the new market standards and ...