The Bank of New York Mellon, acting as trustee, has petitioned the New York State Supreme Court for instructions for paying out Bank of America’s $8.5 billion cash settlement with Countrywide MBS investors, which could potentially alter the order of payment, according to an analysis by Moody’s Investors Service. The governing MBS documents and the settlement agreement are complicated, nuanced and ambiguous, the rating service noted. Without guidance from the state court, BNYM, as trustee for 530 RMBS trusts, could decide on a payout that could favor certain bondholders unexpectedly. The massive payout has been delayed...
Investors in the secondary market are continuing to shy away from mortgages with so-called TRID errors – even minor ones – taking the advice of legal counsel and due diligence providers who are telling them to stay clear because of assignee liability issues. Late last week, senior executives from the Structured Finance Industry Group traveled to Washington to meet CFPB Director Richard Cordray, but one official familiar with the get-together said the regulator conveyed a message of “Thanks for coming in, but we don’t think there’s a problem.” For now, most of the concern about a stalled secondary market has focused...