Moody’s Investors Service last week issued a request for comment, in which the firm proposes to update its published methodology covering Moody’s approach to Servicer Quality assessments for primary servicers of residential mortgage loans in the U.S. The key changes proposed include augmenting servicer data with more timely trust data, applying a formal weighting system to the assessment factors, applying a more positive treatment to modified loans, and adding a re-default rate to those modified loans. Once the proposed...

Securitization representatives are forcefully pushing back against a proposal under review by three jurisdictions in California to use eminent domain to seize performing, underwater mortgages out of non-agency MBS pools, renegotiate them on terms more favorable to the borrowers, and repackage and sell them off to another group of private investors. Last Friday, a joint powers authority created by San Bernardino County and two of its cities, Ontario and Fontana, formally convened for the first time for an organizational meeting. Two groups that represent the securitization industry, the American Securitization Forum and the Securities Industry and Financial Markets Association, expressed their opposition during the meeting. The ASF said that “this inappropriate use of government power,” which is based on a plan by San Francisco-based Mortgage Resolution Partners, a private investment firm, was “designed...

Bank of America shareholders may proceed with their securities fraud lawsuit which claims that BofA concealed its potential problems with the Mortgage Electronic Registration System, exposing investors to risky mortgage securities, a federal judge ruled last week. However, U.S. District Judge William Pauley of the Southern District of New York determined that the shareholders, led by the Pennsylvania Public School Employees’ Retirement System, can move forward only against the company itself and not against BofA executives. The investors filed suit in September 2011 alleging they had been misled into...

The Federal Reserve is pondering the potential of another round of MBS purchases if Fed officials collectively decide that more bond buying is required to spur growth, but industry observers say that the central bank’s repeat of such a course of action will have a marginally helpful effect at best. The Fed has been sending out signals that it is considering taking further action to encourage the sputtering recovery, including Chairman Ben Bernanke’s testimony before both chambers of Congress this week in which he said the central bank is “prepared to take further action as appropriate,” although he wouldn’t commit to a specific action. “There are a range of possibilities. A logical range includes...

A number of lender trade groups suggested last week that federal regulators should establish standards for “qualified mortgages” for government loans that are separate from rules to be issued by the Consumer Financial Protection Bureau. The ability-to-repay rules were required by the Dodd-Frank Act. The FHA, VA, Department of Agriculture and Rural Housing Service can establish their own QM requirements in consultation with the CFPB. Before last week, there had been little discussion about separate QM standards for ...

The Consumer Financial Protection Bureau re-opened the comment period on rules for “qualified mortgages” in June after receiving data from the Federal Housing Finance Agency that showed the relation between delinquencies and borrowers’ debt-to-income ratios. The CFPB asked for similar data on FHA loans. The FHA provided the CFPB with such data last week for fiscal years 2004 through 2008, excluding Home Equity Conversion Mortgages and mortgages with seller-funded downpayment assistance. During that period, 63.3 percent of ...

The VA’s use of residual income to qualify borrowers for mortgages should be incorporated in the ability-to-repay rules for qualified mortgages, according to some industry participants. Lender trade groups and consumer advocates each suggested the standards last week in comments submitted to the Consumer Financial Protection Bureau. In June, the CFPB sought comments on the relation between debt-to-income ratios and borrower performance. “Residual income standards supersede DTI in the VA’s underwriting decision tree ...

Portfolio lenders as well as those looking to issue non-agency mortgage-backed securities cautioned the Consumer Financial Protection Bureau against setting specific thresholds for debt-to-income ratios on “qualified mortgages.” Some non-agency MBS investors countered that a bright line DTI ratio would be useful. In June, the CFPB reopened the comment period on the pending ability-to-repay rule, with an emphasis on data relating to DTI ratios. The deadline for comments was last week. The Clearing House Association ...

Servicing rules previewed by the Consumer Financial Protection Bureau in April are flawed, overreaching and need to be adjusted, according to four trade groups representing servicers and lenders. The CFPB said it plans to propose disclosures this month for servicers to send to borrowers as well as servicing procedures, some of which are required by the Dodd-Frank Act. The DFA requires a notice to be sent to hybrid ARM borrowers six months before the initial interest rate reset. The CFPB said it is considering expanding ...

The Consumer Financial Protection Bureau last week released its long-pending proposal for combined mortgage disclosures, with an emphasis on characteristics common in nonconforming mortgages. “In particular, explanations of how rates and payments can change over time are not always made clear [from current disclosures],” said Richard Cordray, director of the CFPB. Currently, the Real Estate Settlement Procedures Act and the Truth in Lending Act require different disclosures for borrowers. As directed by the Dodd-Frank Act ...