Two former officials at Standard & Poor’s called on the Securities and Exchange Commission to look for violations of new rules involving rating shopping. The SEC published a final rule with new requirements for rating services in August 2014. In a recent paper, Mark Adelson and David Jacob pushed the SEC to use the new rule to go after rating services that make adjustments to rating criteria in an effort to gain business, with a focus on the structured-finance market. Adelson and Jacob said such rating shopping by issuers has been “widespread” since the mid-1990s. Adelson was S&P’s chief credit officer from May 2008 until December 2011. He is currently the chief strategy officer of The BondFactor Company, which focuses ...

A handful of publicly traded real estate investment trusts have been quietly making inquiries about buying residential loans that do not meet the qualified mortgage standard, including subprime credits and even unsecured consumer loans, according to players on both sides of the equation. One executive who manages a REIT that plays in the jumbo market admitted as much in an interview with Inside MBS & ABS, but pointed to one major deterrent: the Consumer Financial Protection Bureau. “We’ve tried to get clarifications from them on such things as the ability-to-pay rule, but they haven’t been very helpful,” he said. The source noted that his REIT has so far avoided buying any nonprime, non-QM loans, saying he fears the regulator will ...

Acting on a new policy that increases the focus on prosecuting individuals for corporate wrong-doing, the Department of Justice is reportedly planning to file criminal charges against executives at JPMorgan Chase and the Royal Bank of Scotland for the alleged pre-crisis sale of non-agency MBS to unsuspecting investors, the Wall Street Journal has reported. According to the report, the DOJ investigations were based on documents that allegedly suggested that shortly before the mortgage meltdown, executives at the two financial institutions securitized mortgages and sold them to investors knowing that the underlying loans were defective. The JPMorgan probe began after prosecutors uncovered crucial evidence from a related civil investigation in 2007: a memo from a bank employee cautioning senior executives about ...

Trade groups representing participants in the primary mortgage market and the non-agency mortgage-backed security market are calling on federal banking regulators to address state laws that allow for “super-priority” status for homeowners’ association liens. Risks from HOA super-priority liens have been of particular concern following a September 2014 ruling by the Nevada Supreme Court. The court allowed for a homeowners’ association foreclosure sale to ...

The Structured Finance Industry Group and the Treasury Department continue to work on complementary initiatives to revive the non-agency mortgage-backed security market. SFIG’s upcoming plans include a push for transparency among issuers, while the Treasury has shifted its focus somewhat away from a benchmark non-agency MBS transaction. Eric Kaplan, a managing director at Shellpoint Partners and one of the leaders of SFIG’s RMBS 3.0 effort, said SFIG is ...

The first nine months of 2015 have seen a tremendous increase in FHA single-family originations as borrowers took advantage of a 50 basis-point premium reduction implemented earlier this year, according to Inside FHA/VA Lending’s analysis of agency data. Total FHA loan production during the first nine months of 2015 was up a whopping 81.3 percent increase. Data also showed a 13.1 percent increase in the third quarter from the prior quarter. It is hard to imagine that back in February this year, we reported a dismal ending for 2014, where overlays and high-loan costs caused an 8.1 percent decline in FHA endorsements in the fourth quarter and a 36.6 percent drop from 2013. In 2015, FHA fixed-rate originations increased 12.7 percent from the second to the third quarter, and rose 86.0 percent on a year-to-date basis. In 2014, conversion ... [ 2 charts ].

President Obama last week threatened to veto legislation progressing in Congress to provide qualified-mortgage status to loans held in portfolio by depository institutions. Industry analysts suggest that the bill still has a chance at being signed into law, if adjustments are made. The House approved H.R. 1210, the Portfolio Lending and Mortgage Access Act, on a 255-174 vote last week. Similar legislation is under consideration in the Senate. The bill in the House would ...

Despite FHA’s denial of further mortgage insurance premium reductions any time soon, stakeholders are holding out hope for another cut in the near future. Those supporting the idea of another pricing adjustment say it could open the door wider for more borrowers to use the FHA single-family program and generate the volume needed to offset any potential revenue loss that may result from the reduction. But Housing and Urban Development Secretary Julian Castro and his top officials have denied any plans of reducing MIPs. Castro has called such talk “premature,” despite a positive FY 2015 actuarial evaluation of the FHA’s Mutual Mortgage Insurance Fund, which some claim could be used to justify another premium reduction. Principal Deputy Assistant Secretary for Housing and Interim FHA Chief Ed Golding, in a press briefing, said the focus is elsewhere and not on ...

Though the Department of Housing and Urban Development strongly highlighted the positive aspects of the FY 2015 actuarial report on the state of Mutual Mortgage Insurance Fund, it also downplayed the impact of the Home Equity Conversion Mortgage portfolio on the latest projections. FHA’s volatile HECM portfolio has had an unpredictable impact on the MMI Fund – a drag in some years and a boost in others. According to the report, the actuarial value of HECM capital has swung dramatically over the last four years and stood at $6.8 billion in FY 2015, up from negative $1.2 billion in fiscal 2014. The 6.44 percent spike in HECM gains helped boost the MMI Fund’s capital reserve ratio to 2.07 percent, in excess of the minimum 2.0 percent capital requirement. Excluding HECMs, the FHA fund – and the forward portfolio – would be at 1.6 percent, below the 2.0 percent threshold. The ...

The FHA has issued temporary guidance for approving condominium projects for agency financing – a good first step, according to industry groups. Stakeholders have been waiting for a broader rewrite of the condominium rules for years, and they see the interim guidance as limited but positive. Announced on Nov. 13, the guidance is in place for a year while the FHA works on a more comprehensive rule that addresses all condominium lenders’ concerns. The temporary guidelines modify the requirements for condominium project recertification. It can cost up to $3,000 and, in some cases, take more than a year, to complete a condominium recertification project. The certification is good for only two years. Condo projects run afoul of FHA rules when the certification lapses, rendering the ...