Major servicers participating in the non-agency portion of the Home Affordable Modification Program have improperly ended mods for a number of borrowers, according to data from the Treasury Department. The Special Inspector General for the Troubled Asset Relief Program is urging the Treasury to take actions to prevent servicers from terminating mods that meet HAMP guidelines. “Treasury’s findings in its on-site visits to the largest seven mortgage servicers in HAMP over ...

An appeals court in Massachusetts recently ruled in favor of a borrower in a case involving the determination of the borrower’s ability to repay a balloon mortgage, setting a concerning precedent, according to industry lawyers. Moronta v. Nationstar Mortgage involves a refinance originated by Fremont Investment & Loan in January 2007 for a borrower in Quincy, MA. The refi included a first-lien 3/1 adjustable-rate mortgage that amortized over 50 years with a ...

The Consumer Financial Protection Bureau last week published its policy for issuing no-action letters for certain innovative financial products. Lenders had called for the policy but industry analysts caution that no-action letters from the CFPB won’t necessarily be helpful. Under the policy, lenders can apply for a no-action letter from the CFPB. The regulator said it will review applications for such letters and in certain circumstances indicate that ... [Includes three briefs]

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...

Originations of non-agency jumbo mortgages in 2015 outpaced total originations, helping to increase the jumbo sector’s market share, according to a new ranking and analysis by Inside Nonconforming Markets. Fueled by bank demand, an estimated $328.0 billion in jumbos were originated in 2015, up 39.6 percent compared with 2014. Total first-lien originations increased by 33.5 percent in 2015 compared with the previous year, according to ... [Includes one data chart]

Borrower demand for jumbo mortgages declined somewhat in the fourth quarter of 2015 compared with the previous quarter, and banks plan on loosening underwriting standards for the loans, according to the Federal Reserve’s senior loan officer opinion survey. Industry participants stress that underwriting standards for jumbos remain strong, with poor performance unlikely. Senior LOs were asked to evaluate demand for purchase mortgages in the fourth quarter of 2015 ...

The Consumer Financial Protection Bureau’s disclosure rule has caused some disruptions in the non-agency market, but a number of lenders suggest that they’ve made adjustments to TRID and expect to return to business as usual. TRID disclosure requirements took effect for loan applications submitted on Oct. 3 and beyond. In the weeks after, many lenders reported longer closing timelines along with issues involving sales of non-agency mortgages due to ...

Home prices in California and other states where jumbo mortgages are concentrated are “overheating,” according to analysts at Fitch Ratings. The firm said rapid home price growth in parts of California, Florida and Texas appears to be exceeding fundamentals. Fitch estimates that homes in most major metropolitan areas in those states are currently overpriced. Grant Bailey, a managing director at Fitch, said home prices in the San Francisco area are a particular concern ...

Non-agency mortgage-backed security issuers and investors continue to work to make adjustments that will help increase activity in the market. Among the issues under discussion are representations and warranties and the use of a deal agent or transaction manager. “Industry participants are now focusing on clearly identifying which parties to a transaction are covered by the current rep-and-warrant framework, and to which activities it is applicable,” according to a recent report ...

Two Harbors Investment is focusing on jumbo mortgage conduit activities in an effort to differentiate itself from other real estate investment trusts. The REIT issued the most jumbo MBS in 2015, based on deal count, and is one of only two firms to have issued a jumbo MBS this year. Officials noted that the REIT is working to reduce its investments in agency MBS with an eye toward allocating capital to sectors with more attractive returns, including conduit operations ...