A credit rating agency has agreed to be barred for 18 months from rating asset-backed and government securities issuers, while a former broker-dealer executive has been charged with duping investors in connection with the sale of MBS. Egan-Jones Ratings Co. and its owner/president, Sean Egan, have agreed to the temporary prohibition as part of a settlement with the Securities and Exchange Commission for allegedly “making willful and material misstatements and omissions” while registering with the SEC to become a nationally recognized statistical ratings organization for ABS and government securities. The SEC discovered...

Federal regulators faced with finalizing controversial rules on risk retention in non-agency MBS, ABS and commercial MBS transactions of the future are considering a “fair-value” approach instead of the controversial premium capture cash reserve account. Although no details on the proposal are available, the American Securitization Forum recently provided general views on how fair value calculations of an issuer’s risk-retention requirement could replace the PCCRA. The group said the change could be “a significant improvement” over the PCCRA, which could have wreaked havoc on the securitization market. The PCCRA, which would have required issuers to hold in reserve any premium they earned in selling assets to a securitization trust, was...

The securitization market generated $1.847 trillion in new residential MBS and non-mortgage ABS in 2012, reversing two straight years of declining volume, according to a new Inside MBS & ABS analysis and ranking. Last year’s output was up 41.2 percent from total issuance in 2011, and it marked the strongest annual new issuance volume since 2009. Total securitization volume rose modestly, by 2.3 percent, from the third quarter to the fourth quarter, and activity cooled significantly in December. As has been the case since the financial market meltdown in 2008, securitization was dominated...[Includes three data charts]

Staff at the Securities and Exchange Commission this week recommended that the agency do more research before making a decision on how to implement a controversial provision in the Dodd-Frank Act involving random assignments of credit ratings in structured finance. Sen. Al Franken, D-MN, was the major proponent of a requirement that the SEC study the feasibility of creating a government body that would pick which credit rating agency would evaluate new non-agency MBS, non-mortgage ABS, commercial MBS and other structured finance transactions. The provision, Sec. 15e(w) of the Dodd-Frank Act, essentially requires the SEC to implement the new system unless the agency determines that an alternative system would better serve the public interest and protect investors. Although some investors and rating services support the Sec. 15e(w) concept, most securitization market participants oppose...

Standard & Poor’s, Moody’s Investors Service and Fitch Ratings accounted for a combined 96 percent of all credit ratings across all five rating categories, according to the Securities and Exchange Commission’s annual report on nationally recognized statistical rating organizations (NRSROs). There were NRSROs registered with the SEC during the year ending in the second quarter of 2012. They were A.M. Best Co.; DBRS, Inc.; Egan-Jones Ratings Co. (EJR); Fitch; Japan Credit Rating Agency; Kroll Bond Rating Agency (KBRA); Moody’s; Morningstar Credit Ratings; and S&P. They provided ratings in five credit rating categories: asset-backed securities (including mortgages); corporate issuers; financial institutions; government securities; and insurance companies. The report showed...

The Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission has issued an interpretation clarifying commodity pool treatment for certain securitizations and a no-action letter providing additional relief for certain legacy securitization entities. Specifically, the letter explains when exclusion from commodity pool regulation for certain securitization vehicles that do not meet any of the criteria set forth in an October 2012 no-action letter is appropriate. It also provides relief for certain securitization vehicles formed before Oct. 12, 2012. In the October no-action letter, the CFTC spelled out...

While the nine rating services registered as Nationally Recognized Statistical Rating Organizations were largely compliant with Securities and Exchange Commission regulations and recommendations, the agency found some significant issues with the ABS rating process. In a review covering the government’s 2012 fiscal year ending in September, the SEC said one of the top three firms appeared to change its method for calculating a key financial ratio in rating certain asset-backed securitizations, but failed for several months to publicly disclose the change and its effects on the ratings. The agency includes non-mortgage ABS, commercial MBS and non-agency MBS in a single category of asset-backed securitizations. “Further, it appears the NRSRO did not consistently apply...

The top three rating services continued to dominate the new issuance market in non-mortgage ABS during the first nine months of 2012, according to a new Inside MBS & ABS analysis, but the biggest player in the non-agency MBS market was DBRS. Moody’s Investors Service rated 69.7 percent of the non-mortgage ABS issued in 2012 as of the end of the third quarter, down slightly from its 70.4 percent share of the 2011 market. The company’s strengths were in vehicle finance and business loan ABS, where it captured more than three-quarters of new issuance by dollar volume. Standard & Poor’s ranked...[Includes two data charts]

The Securities and Exchange Commission last week approved a proposal from the Financial Industry Regulatory Authority to increase transparency regarding MBS and ABS trading. Hearing no public comments after it announced the proposal in September, the SEC agreed to FINRA’s plan to establish public reporting of trading in specified government-backed mortgage bonds and securities backed by Small Business Administration loans. According to the SEC notice published Oct. 23, the plan would leverage...

The Securities and Exchange Commission’s overdue “Franken amendment” study will be out soon and may include alternatives to the issuer-pay ratings model, the agency’s chief, Mary Schapiro, said last week at the annual meeting of the Securities Industry and Financial Markets Association. “The issuer-pay model has inherent conflicts in it,” Schapiro said, referring to the prevailing system in which securities issuers generally pay to obtain ratings from the credit rating services. The SEC head provided no additional specifics regarding the alternatives that might be featured in the agency’s pending report. The Franken amendment study is...