Investors in vintage non-agency MBS could take $7.8 billion in losses due to previously undisclosed principal forbearance on top of the $1.0 billion in losses uncovered this month. However, a survey suggests that servicers don’t intend to pass the losses through to investors. The losses recognized in May were reported after Ocwen Financial took over servicing from Homeward Residential. Analysts warned that other servicing transfers could prompt similar losses. Bank of America Merrill Lynch said...

Republican and Democrat lawmakers in the Senate formally unveiled their ambitious plan to replace Fannie Mae and Freddie Mac with a new federal entity providing backstop guaranties for securities backed by high-quality conventional mortgages. Although they made a variety of changes to a “discussion draft” version of the legislation that has been widely circulated in recent weeks, the proposal still faces a huge hurdle in the House despite winning generally favorable reactions from industry groups. As it was introduced this week, S. 1217, the Housing Finance Reform and Taxpayer Protection Act of 2013, would create...

Private MBS investors will likely see reduced competition from the Federal Reserve later this year if the central bank begins to slow down its purchases of agency MBS, but there is also likely to be a sharp drop in new MBS supply at the same time. The Federal Open Market Committee made no changes in its policy of adding $40 billion a month to its massive $1.165 trillion portfolio of agency MBS, in addition to reinvesting payments from its agency debt and MBS holdings. It also promised to closely monitor economic and financial developments and stands prepared to increase or decrease its MBS purchases. But Fed Chairman Ben Bernanke later indicated...[Includes two data charts]

Representatives of the structured finance industry are worried about the effect the Consumer Financial Protection Bureau’s ability-to-repay/qualified-mortgage rule will have on the revival of the non-agency MBS sector. One of their main concerns right now is that the further away a loan is from getting safe harbor protection as a qualified mortgage, the more legal uncertainty and higher costs there will be associated with it. Last week, analysts at Morningstar Credit Ratings LLC noted that the rule will allow a borrower in the first three years of the mortgage to bring legal action challenging whether the lender determined an ability to repay. If successful, the borrower can be entitled to up to three years of fees and finance charges, actual damages, and legal fees and costs, they said. Additionally, the borrower will be able...

OneWest Bank’s decision to sell $78 billion in unpaid principal balance of mortgage servicing rights and related servicing advance receivables to Ocwen Financial continues the trend of banks unloading servicing with special servicers. However, the deal is unique in that OneWest’s owners have been looking to cash out of the entire banking operation for a while. Ocwen announced late last week that it will buy the MSRs and servicing advance receivables for $2.53 billion, with the sale expected to close in stages this year. “We have entered into a definitive agreement with Ocwen Loan Servicing to sell our third-party mortgage servicing rights for forward mortgages in order to sharpen our focus on developing a leading regional banking franchise,” said Joseph Otting, president and CEO of OneWest. The bank was...

Mortgage lending industry representatives were unanimous in their view that the Consumer Financial Protection Bureau’s ability-to-repay rule and “qualified mortgage” standard, as currently constituted, may severely restrict access to mortgage credit on multiple levels. Testifying earlier this week before the House Financial Services Subcommittee on Financial Institutions and Consumer Credit, James Gardill, chairman of the board of WesBanco, Inc., said on behalf of the American Bankers Association that the QM rule will limit mortgage lending because the QM guidelines narrow lending parameters. “Even within the QM framework, many concerns remain that could limit credit availability to a diverse group of consumers,” Gardill said. Debra Still, chairman of the Mortgage Bankers Association, said...

Sometimes, industry “best practices” are as much what not to do as they are what in fact to do. That reality that is taking on a new degree of seriousness with the CFPB as the new sheriff in town when it comes to the Home Mortgage Disclosure Act and all of the new attention being paid to HMDA data. Maria Marquez, a manager for enterprise risk services at Deloitte & Touche LLP, told a group discussion during the American Bankers Association’s regulatory compliance conference that large banks are facing heightened...

The recent market tumult caused by suggestions that the Federal Reserve’s quantitative easing program (QE3) may soon be tapering off is likely over, and price adjustments may have created good buying opportunities in the non-agency MBS sector, according to analysts. With less than $1 trillion in MBS still outstanding in the market, and very few higher-yield investment options around, non-agency MBS remains a good investment choice, said Bank of America Merrill Lynch analysts Chris Flanagan, Ryan Asato and Justin Borst. In their latest market analysis, the BAML researchers said...

The outlook for Federal Reserve policy and any adjustments to its $85 billion per month agency MBS buying spree depends a great deal on how the U.S. housing market evolves during the second quarter through the end of this year, according to analysts from Standard & Poor’s. Robert Keiser, vice president of Global Markets Intelligence at S&P Capital IQ, told attendees of an S&P webinar this week that all the signs point to the Fed specifically targeting housing in the third installment of its quantitative easing policy (QE3) as an instrument to stimulate economic growth. “The Fed recognizes...

The likelihood of new loans exceeding the statutory “high-priced mortgage loan” (HPML) threshold due to a recent policy change relating to FHA mortgage insurance premium payments is causing uneasiness among some lenders, said an industry trade group. This week, the Consumer Mortgage Coalition warned that lenders might not originate FHA-insured loans if they thought the new MIP policy would cause the mortgages to turn into HPMLs and subject them to increased liability. Specifically, the new MIP policy might prevent ...