Asset-backed commercial paper investors in the ongoing legal squabble that resulted from the collapse of Taylor Bean & Whitaker Mortgage Corp. and its Ocala Funding LLC subsidiary may bring suit over claims arising in documents, despite not being parties to those documents, when their agent refuses to sue or allow the investors to sue, a federal judge has ruled. Last week, U.S. District Court Judge Robert Sweet in Manhattan permitted Ocala’s two sole investors, plaintiffs Deutsche Bank AG and BNP Paribas Mortgage Corp., to sue defendant Bank of America in its roles as indenture trustee and collateral agent...

The attorneys general of New York and Delaware are now free to argue on behalf of absent investors against a proposed $8.5 billion settlement involving Bank of America, securities trustee Bank of New York Mellon and a group of investors to resolve the claims of other non-participating investors in non-agency MBS issued by Countrywide. A New York state judge last week granted a motion by NY Attorney General Eric Schneiderman and DE Attorney General Beau Biden to intervene in the litigation. At issue in this complicated case is whether the trustee acted legally and appropriately in entering into the...

Berkshire Hathaway and other new bidders are circling around the assets of Residential Capital, setting the stage for a showdown at the Southern District of New York Bankruptcy Court after the court approved the current way the mortgage unit is operating in bankruptcy. In a turn of events that has shaken the stability of ResCap’s initial bankruptcy plan that includes $8.7 billion to settle MBS investor lawsuits, Berkshire Hathaway objected to the current sale procedures in place, which have yet to be approved in court, in lieu of its own offer. The Nebraska-based conglomerate set the wheels in motion...

A handful of critical lawsuits stemming from the mortgage market collapse may yield meaningful legal precedents for the securitization markets as 2012 unfolds, according to a legal observer. “We’re finally getting to the point where there can be meaningful precedent established,” said Isaac Gradman, a managing partner at IMG Enterprises. “For the last three or four years, there has been a wide gap in the claims banks have made and the claims monolines and investors have made as to the merits of these suits.” What comes from the courts will become the standards by which the new MBS market...

The Federal Housing Finance Agency this week said it is still deliberating writedowns on Fannie Mae and Freddie Mac mortgages as industry insiders aren’t sure what to make of the agency’s recent thumbs up to GSE participation in two state principal reduction programs. Last month, the GSEs – with the FHFA’s blessing – opted to participate in principal reduction programs in California and Nevada. Both programs will use part of the $7.6 billion Hardest Hit Fund to pay down the loans Fannie and Freddie own or guarantee. The FHFA noted that critical directives issued by the GSEs last year cleared the way for participation in such programs as long as the servicers or the GSEs would not have to match those funds.

Fannie Mae demonstrated measurable progress during 2011 while conditions at Freddie Mac neither worsened nor improved significantly but both GSEs have ample room for improvement, according to a report issued this week by the Federal Housing Finance Agency. The FHFA’s fourth annual Report to Congress deemed the two GSEs “critical supervisory concerns” last year with “continuing credit losses” coming primarily from loans originated during the years 2005 to 2007. The report identified “key challenges facing each company, including the ongoing stress in the nation’s housing markets, the challenging economic environment and the uncertain future facing the enterprises,” noted the FHFA. “However, management and the boards were responsive throughout 2011 to FHFA’s findings and challenges and took appropriate steps to begin resolving identified issues.”

The Federal Housing Finance Agency has announced a new senior officer tasked to be the Finance Agency’s point person regarding its strategic plan for Fannie Mae and Freddie Mac. FHFA Acting Director Edward DeMarco two weeks ago appointed Wanda DeLeo as deputy director leading the agency’s newly created Office of Strategic Innovations. The new division will oversee and coordinate the FHFA’s strategic plan for GSE conservatorships. Unveiled in February, the FHFA’s plan outlines the next phase of Fannie and Freddie conservatorships.

Is the end near for thrifts? Analysts at Keefe, Bruyette & Woods seem to think so. This week’s announcement by federal banking regulators of three proposed rules that would revise capital requirements may be the death blow to thrifts as we know them, said KBW equity analysts Frederick Cannon, Brian Kleinhanzl and Matthew Dinneen. The analysts contended that regulatory changes following the financial crisis and the announcement of new capital requirements have ended the viability of the thrift industry. Issued jointly by the Federal Reserve Board, the Federal Deposit Insurance Corp. and the Office of the...

The three federal banking agencies over the past week released proposed rules to implement the Basel III regulatory capital reforms and changes required by the Dodd-Frank Act that many observers predict will influence bank participation in the mortgage market. The proposed changes would increase bank capital requirements and re-calibrate risk-based capital charges. One of the key changes stemming from the Basel III accord reached by international bank regulators would limit the amount of mortgage servicing rights, along with investments in certain non-consolidated entities and deferred taxes, to no more...

Mortgage industry officials are anxious about the Consumer Financial Protection Bureau’s upcoming rulemaking on mortgage servicing and have provided some empirical data and a number of principles they think the bureau ought to follow. The American Bankers Association recently provided the CFPB with excerpts from its annual real estate survey to influence the CFPB’s determination as to whether it should exempt, in whole or in part, certain categories of servicers or servicing arrangements from the bureau’s upcoming servicing requirements. Of the 186 banks that participated, roughly 86 percent had assets of...