New due-diligence rules will likely result in increased costs for issuers of non-agency mortgage-backed securities and increased disclosures for investors. Due diligence firms are also divided on whether to assume the "expert liability" required by the Securities and Exchange Commission regarding due diligence performed on MBS. Vicki Beal, a senior vice president at Clayton Holdings, said Clayton – a leading MBS due diligence provider – would likely be willing to take on the expert liability requirements. However, she said Clayton’s assumption of the liability would require MBS issuers to pay more for Clayton's services. The SEC issued...

Industry participants warn that federal regulators' recently proposed definition for qualified residential mortgages is too stringent and will unnecessarily limit lending to prime jumbo borrowers. If the rule is adopted as proposed, many warn that issuance of non-agency mortgage-backed securities will be limited or non-existent. "While the rules do a good job of addressing and deterring abuses of subprime securitization structures, they are overly and unnecessarily harsh when applied to prime securitization structures," said Martin Hughes, president and CEO of Redwood Trust. Chris Flanagan, a managing director at Bank of America Merrill Lynch, added that...

High-touch servicer Nationstar Mortgage announced this week that it plans to raise up to $400.0 million via an initial public offering. The servicer - owned by Fortress Investment Group - primarily focuses on defaulted agency mortgages. Nationstar serviced a $64.2 billion portfolio as of the end of 2010, with subprime mortgages accounting for a 14.6 percent share. Reps. Gary Miller, R-CA and Brad Sherman, D-CA, recently introduced legislation to permanently increase the conforming loan limits. Few analysts believe that H.R. 1754, "the Preserving Equal Access to Mortgage Finance Programs Act," will gain much traction considering...

Government housing policy and agencies played a much larger role in the housing crisis than initially believed, but a fresh look at the conclusions of two GSE critics has prompted a top JPMorgan Chase analyst to take the unusual step of issuing a public retraction.

The so-called RMBS 2.0 features squeaky-clean collateral and high-definition transparency, but industry experts say, more importantly, that after years of mostly talk there is now some momentum in the market. Adam Yarnold, a managing director at Barclays Capital, said there are half a dozen residential mortgage conduits – including his firm – that are buying loans. During a panel session at the secondary market conference sponsored by the Mortgage Bankers Association, he noted that more broker/dealers are in the wings. Barclays is buying high-quality loans with loan-to-value ratios below 70 percent and debt-to-income ratios that come close to the standards proposed by federal regulators for qualified residential mortgages, Yarnold said. The company hosts a web-based portal through which it locks loans and...

The Securities and Exchange Commission is reportedly looking into the securitization and put-back practices of Credit Suisse and JPMorgan Chase in connection with alleged recoveries from defective mortgages repurchased by originators from securitization trusts. Credit Suisse confirmed to Inside MBS & ABS a disclosure made by bond insurer MBIA Insurance Corp. that the Zurich-based bank had received a subpoena from the SEC seeking data on repurchases of certain defective loans. The disclosure was made in a lawsuit against three Credit Suisse units – Credit Suisse Securities, DLJ Mortgage Capital, Inc. and Select Portfolio Servicing – which MBIA filed with the New York State Supreme Court on April 29. The suit seeks to compel Credit Suisse to turn over data which MBIA believes would bolster its fraud and breach-of-contract claims against...

A handful of high-profile developments on the representations and warranties front over the last few months is prompting non-agency investors to contemplate whether they should start pricing in the benefits associated from repurchases. A few weeks ago, Bank of America and mortgage insurer Assured Guaranty reached a...

Some investors are ready to resume participation in the non-agency market while most others will take a wait-and-see approach, based on comments made at the secondary market conference sponsored by the Mortgage Bankers Association this week in New York City. Steve O’Connor, senior vice president of public policy and...

“The [jumbo] market is much bigger than the banks’ balance sheets,” according to Randy Robertson, a managing director and co-head of securitized products at BlackRock. The firm’s jumbo mortgage real-estate investment trust has been operating for four months and aims to help re-establish the...