An ongoing Securities and Exchange Commission investigation into possible misconduct related to Wells Fargo’s sale of almost $60 billion in MBS has resulted in the agency filing a subpoena enforcement action in the U.S. District Court for the Northern District of California against the firm. “The commission is investigating possible fraud in connection with Wells Fargo’s sale of nearly $60 billion in residential MBS to investors,” the SEC said. “Pursuant to subpoenas dating back to September 2011, the bank was obligated to produce (and agreed to produce) documents to the...

Commercial banks solidified their status as the biggest investor class in the MBS market over the second half of 2011, according to a new analysis by Inside MBS & ABS. Banks increased their holdings of residential MBS by some 5.7 percent over the final six months of last year – a period during which the MBS market itself was shrinking by 2.3 percent. That raised the commercial bank share of the MBS market to 21.1 percent. Savings institutions and credit unions, both significantly smaller groups than commercial banks, also boosted their MBS holdings in 2011. In fact, the...(Includes one data chart)

Concern among non-agency MBS investors over principal reductions that will occur under the multistate foreclosure settlement “is much greater than the reality,” said Iowa Attorney General Tom Miller, who played a pivotal role in those negotiations. During a webinar sponsored by Inside Mortgage Finance this week, Miller said that the $25 billion settlement includes protections for MBS investors. He said that negotiators met with MBS investors during the drawn-out process of reaching a settlement with the five largest servicers. The Association of Mortgage Investors has complained that investors...

Investor appetite for non-agency MBS remained high in the first quarter of 2012 despite the recent uptick in new trading, but this has not done much to push prices above fair value, according to analysts. Through the first quarter of 2012, trading in non-agency MBS has been strong as the average volume in non-agency investment-grade paper more than doubled in January to $1.4 billion, said analysts at Bank of America/Merrill Lynch citing TRACE (Trade Reporting and Compliance Engine) data. TRACE facilitates the mandatory reporting of over-the-counter secondary market transactions in eligible fixed-income...

Deutsche Bank AG has settled a class action suit with disgruntled MBS investors for $32.5 million, after plaintiffs argued that they received “false and misleading” information regarding their investment. The securities were pass-through Alt A MBS issued by Deutsche between May 2006 and May 2007, which were subsequently downgraded and “are no longer marketable at prices anywhere near the price paid by plaintiffs and the class,” said an amended complaint. The class action, filed in 2008 by unions Massachusetts Bricklayers and Masons Trust Funds, the Pipefitters’ Retirement Fund Local 597...

After suggesting that it would consider selling jumbos to investors via whole loan sales, Redwood Trust this week issued a $327.94 million non-agency jumbo mortgage-backed security. While the real estate investment trust has not ruled out whole loan sales, the issuance reflects confidence in the non-agency market – from Redwood and investors. Redwood’s latest security, Sequoia Mortgage Trust 2012-2, is similar to other recent non-agency MBS issuance by the REIT. Redwood has now issued five non-agency MBS deals since April 2010, the only non-agency MBS issuance backed by new originations since 2008. At the end of February, Redwood officials revealed that the REIT was considering bulk sales ...

Iowa Attorney General Tom Miller downplayed concerns raised by investors in non-agency mortgage-backed securities regarding the pending $25.0 billion servicing settlement. “The current set of concerns aren’t particularly warranted,” he said this week during a webinar hosted by Inside Mortgage Finance Publications. The Association of Mortgage Investors has asked for a number of changes to the settlement, including a cap on the amount of principal reduction that can be completed on non-agency MBS to meet the participating servicers’ loss mitigation requirements. Miller said the AMI is the only group he is aware of that might challenge approval of the settlement by the U.S. District Court for the District of Columbia. “I think that their concerns are not going to be realized ...

Prudential Financial this week issued a $1.0 billion bond to sell vintage subprime mortgage-backed securities. Analysts described the bond as a hybrid between an MBS and a covered bond. Standard & Poor’s gave Prudential Covered Trust 2012-1 an A rating, which was based on the rating of Prudential, not of the subprime MBS being sold. The bond was sold as a private placement and Prudential has not commented on the sale. However, in its recently released annual report for 2011, Prudential said it had transferred some of its subprime MBS holdings ...

The Treasury Department this week finished winding down its holdings of Fannie Mae and Freddie Mac MBS, claiming a positive return of $25 billion for the U.S. taxpayers from a market stabilization initiative launched in the teeth of the 2008 financial market meltdown. Treasury’s holdings of MBS issued by the two government-sponsored enterprises peaked at $197.6 billion in December 2009. “These MBS purchases helped preserve access to mortgage credit during a period of unprecedented market stress,” the agency said. The Federal Reserve agency MBS investment program was far bigger, peaking at $1.12...

Last week, the 2nd Circuit Court of Appeals ruled that Judge Jed Rakoff of the District Court for the Southern District of New York erred when he blocked the $285 million agreement the Securities and Exchange Commission and Citigroup struck to settle a dispute over MBS that later turned toxic when the market tanked. Market observers think it likely means the settlement is back on track, and a good sign for the market, “with sanity and certainty prevailing,” as one put it. In U.S. Securities & Exchange Commission v. Citigroup Global Markets Inc., the district court this past November refused to approve a...