Lender-related underwriting and disclosure issues have prompted a significant increase in liability for non-agency mortgage-backed security issuers, based on a court ruling last week. The U.S. Court of Appeals for the Second Circuit found that liability extends beyond trusts specifically purchased by investors to potentially all trusts in an issuer’s shelf with mortgages originated by the same lenders. “Investors may now seek to intervene to broaden classes in MBS class actions that don’t explicitly ...

Two Harbors Investment Corp. announced this week that it plans to contribute the real estate owned properties it started acquiring this year to a new affiliated company, Silver Bay Realty Trust. The new company is seeking up to $287.5 million from an initial public offering announced this week and plans to operate as a real estate investment trust. The move from Two Harbors, also a REIT, is somewhat abrupt as the company only started acquiring REO properties to offer for rent in the first quarter of 2012 ...

The Federal Housing Finance Agency and the National Credit Union Administration recently filed separate lawsuits seeking repurchases of mortgages in non-agency mortgage-backed securities. The FHFA lawsuit filed in August against DB Structured Products relates to ACE Securities Corp. Home Equity Loan Trust, Series 2006-FM1, which Freddie Mac purchased in August 2006. The FHFA did not disclose the size of Freddie’s investment. And last week the NCUA filed a lawsuit against UBS Securities ... [Includes three briefs]

Cash flow from FHA’s business operations funded almost 70 percent of net claims losses over the last year, according to the Department of Housing and Urban Development’s quarterly report on the FHA Mutual Mortgage Insurance Fund programs. HUD paid $5.4 billion in claims in the second quarter of 2012, more than twice the amount of premiums collected during the period. As a result, net cash flows from business operations were negative $1.7 billion during the quarter. Premium collections contributed $8.1 billion over the last four quarters even as paid claims totaled $17.2 billion over the same period. This indicates that ...

SunTrust Banks, Inc. is planning to shift $3 billion of loans, including an undetermined number of delinquent Ginnie Mae loans and other nonperforming loans, to its held-for-sale portfolio and record a $375 million provision for mortgage repurchases in the third quarter of 2012. The moves are expected to strengthen SunTrust’s mortgage portfolio and put the company in a better position by improving its risk profile and balance sheet and stabilizing its capital ratios. The $3 billion transfer of loans to the held-for-sale (HFS) category will include ... (1 chart)

An approved FHA lender in Brentwood, TN, is reporting a mini boom in its FHA refinance business, thanks to the FHA Streamline Refinance program. Churchill Mortgage, a provider of conventional and government-backed loans in 26 states, has reported a 540 percent increase in its FHA refi business through the agency’s streamline program. According to Matt Clarke, chief operating officer, Churchill Mortgage is expecting this year to top last year’s FHA refi production as well as its FHA streamline originations. In 2011, the company reported an estimated ...

Legislation was introduced this week in the House of Representatives that would effectively neutralize a proposal for local governments to use “eminent domain” powers to seize underwater mortgage loans and perform controversial modifications. Rep. John Campbell, R-CA, has introduced The Defending American Taxpayers from Abusive Government Takings Act, which would prohibit the FHA and VA from originating, insuring or guaranteeing a mortgage loan in jurisdictions that have invoked the power of eminent domain to seize a loan within the last 10 years. Fannie Mae and Freddie would be subjected to ...

The first six months of 2012 saw heightened activity in FHA’s Streamline Refinancing as borrowers scrambled to take advantage of the program’s lower insurance premiums. Streamline refi originations jumped 90.5 percent during the last two quarters compared to volume reported over the same period last year. Production rose 13.5 percent from the first to the second quarter. Volume increases have been amazing since the third quarter of last year, when lenders reported $4.7 billion in total streamline refi originations. Since that period, production leapfrogged to ... (1 chart)

Mortgage repurchases and indemnifications by Fannie Mae and Freddie Mac seller-servicers increased during the second quarter of 2012, but the inventory of pending and disputed buyback demands continued to grow. A new Inside Mortgage Trends analysis of repurchase disclosures made by the two government-sponsored enterprises reveals that lenders repurchased some $3.03 billion of home loans, or otherwise indemnified the GSEs for losses on these loans, during the second quarter. That was ... [Includes one data chart]

Banks and thrifts reported a substantial decline in the volume of mortgages they repurchased during the second quarter of 2012, according to a new Inside Mortgage Trends analysis of call-report data. The financial institutions reported a total of $3.86 billion in mortgage repurchases and indemnifications during the second quarter, down 6.1 percent from the first three months of the year. It marked the lowest quarterly repurchase volume since the final three months of 2008, when banks reported ... [Includes one data chart]