Several big banks are in various phases of negotiation with the federal government to resolve alleged violations of federal and state securities laws in connection with legacy non-agency MBS. Bank of America is in new settlement talks with the Department of Justice over residential MBS backed mostly by faulty loans stemming from BofA’s acquisition of Countrywide Financial Corp. and Merrill Lynch & Co., which securitized the loans and sold the bonds to investors. The tentative talks could cost...

Servicer-advance rates on vintage non-agency MBS have been up and down in recent quarters, showing further variances based on the servicer and issuer. The fluctuations have made it difficult to project valuations for certain securities, but industry analysts suggest that as mortgage performance continues to improve, servicer-advance rates will stabilize. The rate at which servicers advanced missed borrower payments on mortgages in non-agency MBS decreased slightly on a quarterly basis in the first quarter of 2014 after a gain the previous quarter, according to Fitch Ratings. Pooling and servicing agreements for non-agency MBS require servicers to continue making advance payments until the payments are deemed non-recoverable. Non-agency MBS values are...

Issuers of jumbo mortgage-backed securities have been cagey about identifying the smaller lenders that have contributed mortgages to jumbo MBS. However, Inside Nonconforming Markets has uncovered 93 lenders that participated in deals issued in the first quarter of 2014. The lenders whose loans were included in jumbo MBS in the first quarter were largely small firms that don’t attract much attention. Most of the lenders participating in jumbo MBS ... [Includes two data charts]

Kroll Bond Rating Agency, one of the most commonly used rating services for jumbo mortgage-backed securities in recent years, released its criteria this week for jumbo MBS that include mortgages subject to the Consumer Financial Protection Bureau’s ability to repay rule. The criteria from KBRA is similar to criteria from the other rating services, with higher credit enhancement requirements for certain loans that don’t meet the CFPB’s standards for qualified mortgages ...

Industry participants are divided on whether legislation under consideration in Congress to reform the government-sponsored enterprises will help encourage an increase in private capital in the mortgage market. In a speech this week, Shaun Donovan, the secretary of the Department of Housing and Urban Development, was adamant that the GSE reform bill from Sens. Tim Johnson, D-SD, and Mike Crapo, R-ID, will encourage non-agency investors to return to the mortgage market ...

United Wholesale Mortgage is now offering jumbos on a wholesale basis with debt-to-income ratios as high as 49 percent allowed. The loans won’t receive protections for qualified mortgages as the DTI ratio limit for jumbo QMs is 43 percent. Loan amounts on United Wholesale’s Big & Easy Plus loan go up to $1.5 million. The lender said it will allow loan-to-value ratios on the mortgage of up to 75 percent while a borrower will need ... [Includes four briefs]

Even in the depths of the financial crisis, the mortgage industry was producing more new loans than it did during the first quarter of 2014, according to new Inside Mortgage Finance estimates. Mortgage lenders generated just $235 billion of new home loans during the first three months of this year. That was down 23.0 percent from the fourth quarter’s estimated $305 billion in originations and it was off 58.0 percent from the first quarter of 2013. It was...[Includes one data chart]

The sputtering non-agency MBS market generated just $2.59 billion in new issuance during the first three months of 2014, one of the lowest quarterly marks since the market imploded in late 2007. New issuance in the first quarter was down 44.1 percent from the already-weak level in the fourth quarter of 2013, and it was off 65.6 percent from the same period a year ago. There was...[Includes two data charts]

Credit officers over the past three months reported an increased demand for non-agency MBS, suggesting that private capital could be flowing more freely through the U.S. housing market, according to a Federal Reserve survey released last week. The Fed’s Senior Credit Officer Opinion Survey on Dealer Financing Terms for March 2014 found little change in the credit terms among the 22 participating institutions, with the exception of securities financing, where nearly one-half of dealers reported a hike in demand for funding non-agency residential MBS. “Dealers assessed...

Variations on the treatment of extraordinary expenses in jumbo mortgage-backed securities have prompted the rating services to alert investors. A warning on this issue last week by Fitch Ratings follows similar concerns raised by other rating services. Extraordinary expenses in non-agency MBS can be caused by legal claims against the trust, costs associated with a third-party reviews to identify representation-and-warranty breaches, and costs related arbitration, among other issues ...