It has been a bad month for nationally recognized statistical rating organizations (NRSROs) as plaintiffs pummeled Standard & Poor’s, Moody’s Corp. and Fitch Ratings with lawsuits in state courts, seeking damages for allegedly fraudulent investment ratings of pre-crisis non-agency MBS. On July 9, liquidators of two Bear Stearns funds sued the three rating agencies and their parent companies in New York state court for more than $1.12 billion in damages, as well as punitive damages, over allegedly inflated ratings of purportedly “high grade” securities. Geoffrey Varga and Mark Longbottom, the joint official liquidators of Bear Stearns, brought...[Includes one data chart]

The steady recovery in prime jumbo securitizations and financing needs of nonbank mortgage servicers fueled a modest increase in non-agency MBS issuance during the second quarter of 2013, according to a new Inside MBS & ABS ranking and analysis. A total of $10.08 billion of non-agency MBS were issued during the second quarter, up 17.6 percent from the first three months of the year. It was the strongest three-month output in two years and lifted year-to-date issuance to $18.66 billion, a 119.0 percent increase over the same period in 2012. Re-securitizations of seasoned non-agency MBS have tapered...[Includes two data charts]

The audience for the marketing of private-placement securities is set to increase due to changes approved last week by the Securities and Exchange Commission. Separately, the Financial Industry Regulatory Authority voted to increase transparency for consumer ABS private placements, prompting some to suggest that FINRA could also increase transparency for private-placement non-agency MBS. The SEC voted 4-1 to adopt a new rule to implement a JOBS Act requirement to lift the ban on general solicitation or general advertising for certain private securities offerings offered under Rule 506. The SEC also amended Rule 144A, which covers private placements of non-agency MBS and other securities. Under the new rule, offers of 144A securities can be made...

Issuance of non-agency jumbo mortgage-backed securities increased by 9.9 percent in the second quarter of 2013 compared with the elevated levels seen in the previous quarter, according to the Inside Mortgage Finance MBS Database. However, rising interest rates and a reduction in refinance originations could slow issuance going forward, according to industry analysts. A total of $4.34 billion in non-agency jumbo MBS was issued in the second quarter of 2013, with deals from five issuers ... [Includes one data chart]

As issuance of non-agency jumbo mortgage-backed securities has increased in recent quarters and conforming jumbo MBS issuance has remained relatively flat, the non-agency sector has started to account for a larger share of jumbo mortgage securitization. A total of $15.07 billion in jumbo MBS – mortgages with balances above the traditional conforming loan limit of $417,000 – was issued in the second quarter of 2013, according to the Inside Mortgage Finance MBS Database ... [Includes one data chart]

A subsidiary of Nomura Holdings is preparing to issue a non-agency jumbo MBS, the Wall Street firm’s first deal backed by new production since 2007. Rising interest rates and concerns about investor demand don’t seem to have put a damper on non-agency MBS issuance, as Redwood Trust cranked out another jumbo deal last week and Springleaf Finance issued a security backed by vintage subprime mortgages this week. The $440.08 million non-agency jumbo MBS from Nomura Corporate Funding Americas is set to receive a AAA rating with credit enhancement of 7.60 percent on the top-rated tranche, according to a presale report released this week by Kroll Bond Rating Agency. The credit enhancement was increased due to geographic concentration risk because 74.0 percent of the mortgages to be included in NRP Mortgage Trust 2013-1 were originated in California. Fitch Ratings warned...

It looks like Fannie Mae is taking advantage of an opening in the marketplace to unload some of its legacy non-agency residential MBS. Fannie is moving to divest itself of $1.1 billion in a transaction that was listed this week and expected to trade by week’s end, according to multiple market sources. After the Federal Housing Finance Agency told the government-sponsored enterprises in March to begin selling off at least 5 percent of their illiquid assets, the first round of liquidations took place in mid-May, as Freddie got rid of about $1.0 billion in seasoned non-agency RMBS, with Fannie subsequently selling approximately $2 billion of its multi-family commercial MBS. Round two began...

A subsidiary of Nomura Holdings is working on issuing a non-agency jumbo mortgage-backed security comprised solely of originations by First Republic Bank. The pending deal is set to receive a AAA rating from Kroll Bond Rating Agency, while Fitch Ratings warned that the proposed credit enhancement levels on the deal are too low for a AAA rating. The $440.08 million NRP Mortgage Trust 2013-1 is structured to include credit enhancement of 7.60 percent on the tranche with a AAA rating from KBRA. Fitch said ...

Beginning Jan. 1, capital requirements for bank holdings of certain non-agency mortgage-backed securities will begin to increase. The changes were included in the Basel III reforms approved by federal banking regulators last week. The Basel III final rule includes the simplified supervisory formula approach in lieu of the use of credit ratings to determine capital requirements for holdings of non-agency MBS. The SSFA relies on the 90+ delinquency rate, risk weights of the underlying exposures ...

Investors in new non-agency jumbo mortgage-backed securities are particularly concerned about representations and warranties regarding mortgage underwriting. Investors at a recent roundtable hosted by Standard & Poor’s stressed that particular risks should be borne by the party with the best information. “Since originators and arrangers are in a better position to ascertain the true quality of the loans, [investors said] reps and warrants should serve to protect investors from risks arising from ...