Officials testifying before a Senate Banking, Housing and Urban Affairs Committee hearing this week came out in strong opposition to eliminating a government guarantee in the MBS market of the future, claiming that such measures would have a significant impact on borrowers’ ability to obtain plain vanilla 30-year fixed-rate mortgages. “Many large investors utilize the MBS market to execute trades driven by macroeconomic views and would not utilize a market which combines credit risk with interest rate risk,” said Andrew Davidson, president of Andrew Davidson & Co., an analytics and consulting firm. “With a smaller investor base, liquidity would be...

Major MBS issuers are concerned about the potential harm evolving risk-retention regulations could have on securitization structures, regardless of which structure issuers decide to use. In response to the interagency proposed rule on credit risk retention, Citigroup said the public interest is not served by requiring securitizers to hold positions that are designed to take losses. “For example, all deal parties, the rating agencies and the investors are fully aware that the lowest tranche, sometimes referred to as a ‘first loss’ tranche, may take losses and no representation is made that such tranche is either investment grade or will receive...

Nationally recognized statistical rating organization Kroll Bond Rating Agency demonstrated its optimism in the non-agency market by requesting public comment this week on its rating methodology for evaluating residential MBS. “By providing complete transparency into our approach and processes, we aim to instill trust in the market and to raise the bar on ratings accuracy,” said James Nadler, Kroll’s president, in a statement. “These [publications on our proposed rating process] demonstrate our strong commitment to serving the market through a rigorous evaluation of the collateral as well as key parties in an RMBS, and combine all aspects of...

Two Harbors Investment Corp. said this week it is “impressed with the investment opportunities” in the non-agency MBS sector, particularly over the next year and beyond and is pushing forward with its plans to begin a securitization program. Thomas Siering, president and CEO of the New York-based real estate investment trust, said during a conference call to discuss the firm’s second quarter earnings that despite the “challenging” non-agency environment in June, there is tremendous opportunity to profit from non-agency MBS issuance throughout the rest of this year into 2012. “The recent pullback in the non-agency market has created...

The Federal Housing Finance Agency said last week to expect further litigation in its ongoing efforts to recover losses suffered by Fannie Mae and Freddie Mac in connection to the two GSEs’ investments in non-agency securities.Last week, the Finance Agency filed suit against UBS Americas Inc. and various related entities alleging misstatements and omissions of non-agency MBS purchased by Fannie and Freddie.

The government program that came out of the Troubled Asset Relief Plan to provide liquidity for the non-agency MBS market by partnering with private investors was less profitable during the second quarter, according to a Treasury Department report released last week. The Public-Private Investment Program was created to invest in non-agency MBS that other banks couldn’t hold after the economic collapse. Non-agency MBS account for 79 percent of the assets acquired by the eight public-private investment funds, with commercial MBS making up the rest. Almost half of the MBS are ...

The Federal Housing Finance Agency this week filed a lawsuit against UBS Americas alleging misstatements and omissions on non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac. FHFA Acting Director Edward DeMarco warned that further action against other non-agency MBS issuers is likely. “From the issuance of 64 subpoenas last year to the filing of this lawsuit and further actions to come, we continue to seek redress for the losses suffered by ...

Federal regulators are aiming for a delicate balance in new securitization rules that will nudge the mortgage industry toward new non-agency MBS issuance, including making sure there is enough collateral to provide a sustainable volume of new deals. The Government Accountability Office this week released a new report on the impact of the Dodd-Frank Act on the residential mortgage market, confirming the analysis by federal regulators that the proposed risk-retention rule would leave a significant share of the mortgage market outside the qualified residential mortgage definition. The GAO said that about 80 percent of ... [includes two data charts]

Fitch Ratings has updated its criteria for analyzing non-agency MBS for potential rating changes as well as criteria for determining whether cash flows from underlying residential mortgages are adequate to make payments on the rated non-agency MBS. Under the latest change to its surveillance process for non-agency MBS, Fitch said it will consider loan concentration risk as part of its surveillance analysis of pools that have a small number of mortgages remaining and lack certain structural features, such as sequential payment distribution or a subordination floor. Fitch’s latest criteria change will address ...

While industry participants continue to debate the merits of high downpayment standards for qualified residential mortgages, the risk-retention treatment of seasoned securities and loans is also a major concern. In comment letters submitted to federal regulators, the American Securitization Forum and the Securities Industry and Financial Markets Association each called for time limits on the proposed risk retention required for non-QRMs. Under the current risk-retention proposal, SIFMA said financial institutions would be compelled to ...