The $25.0 billion settlement involving five bank servicers includes refinance eligibility requirements that differ from the settlement’s loan modification program. Only portfolio loans are eligible to meet the settlement’s refi requirements, unlike the mod program, which includes portfolio loans, mortgages in non-agency mortgage-backed securities and FHA loans. Under the pending settlement with 49 state attorneys general and the federal government, Ally Financial, Bank of America, Citigroup, JPMorgan Chase and Wells Fargo must dedicate $2.78 billion toward refis for certain borrowers with negative equity ...

Fannie Mae and Freddie Mac anticipate continued losses on their holdings of nonprime mortgages and mortgage-backed securities in 2012 and beyond. However, the government-sponsored enterprises will soon shift from run-off mode and consider selling some of the nonperforming assets. The GSEs held a combined $398.45 billion in nonprime purchased/guaranteed mortgages as well as nonprime MBS at the end of 2011, according to a new analysis by Inside Nonconforming Markets. That was down 16.3 percent from the end of 2010. Fannie accounted for 56.3 percent of the GSEs' total non-prime holdings, with purchased/ guaranteed loans accounting for 71.4 percent of the GSEs' total non-prime holdings ... [Includes one data chart]

Nationstar Mortgage announced last week that it plans to acquire the $63.0 billion mortgage portfolio and certain other assets from Aurora Bank, a subsidiary of Lehman Brothers. The acquisition includes co-investment by a real estate investment trust affiliated with the owner of Nationstar and continues Nationstar’s rapid nonprime servicing growth. The high-touch servicer said it expects the long-pending sale by the bankrupt Lehman to close during the second quarter of 2012. A number of other servicers had expressed interest in bidding on the Aurora portfolio, including Ocwen Financial ...

The Treasury Department announced last week that it will restore Home Affordable Modification Program incentive payments previously withheld from Bank of America and JPMorgan Chase. The move was prompted by the servicers agreeing to participate in the proposed $25.0 billion servicing settlement and not necessarily by improved HAMP performance. In fact, the consent judgments filed against BofA and Chase specifically cite deficiencies in the servicers’ HAMP performance. “The United States contends that it has certain civil claims based on conduct of the company and its affiliated entities in servicing of mortgage loans,” the complaint against each servicer states, later citing implementation of the Making Home Affordable Program and all of its components, among other deficiencies ...

Originations of non-agency jumbo mortgages increased 32.1 percent in the fourth quarter, aided by a modest reduction in Fannie Mae and Freddie Mac loan limits in high-cost markets and a surge in refinance lending. An estimated $37.0 billion in jumbos were originated in the fourth quarter, lifting annual production to $118.0 billion in 2011, a 13.5 percent increase from the previous year. It was the jumbo market’s best year since 2007 for origination volume, and jumbos accounted for 8.7 percent of total mortgage lending ... [Includes one data chart]

Wells Fargo announced last week that it will increase its originations of non-agency jumbo mortgages and home-equity loans. The loans will be held in portfolio, at least initially. “The market has changed and we are adapting with it to add more horsepower to help homeowners and home buyers succeed financially,” said Brad Blackwell, newly promoted to portfolio lending business manager at Wells Fargo Home Mortgage. Wells said Blackwell’s team will work closely with the Community Bank and the Wealth Brokerage and Retirement groups at Wells to assure ...

Acquisitions boosted Ocwen Financial to the top subprime servicer spot at the end of 2011, according to a new ranking and analysis by Inside Nonconforming Markets. However, that was not the only significant movement among the top five subprime servicers, as American Home Mortgage Servicing changed more than its name. Ocwen serviced an $84.73 billion subprime portfolio at the end of 2011, a whopping 49.9 percent increase compared with the end of 2010. During that time, the amount of subprime mortgages outstanding decreased by 9.2 percent to an estimated $545.0 billion ... [Includes one data chart]

Bank of America won a favorable ruling this week on its proposed $8.5 billion settlement with a group of non-agency mortgage-backed securities investors. With the settlement likely to be decided in state court, analysts suggest that the deal will serve as a model for other non-agency MBS disputes. Baupost Group, a distressed debt fund that has challenged the settlement under the name “Walnut Place,” succeeded in October in having the settlement moved to federal court. However, the Second Circuit Court of Appeals determined this week that the settlement should be overseen by the Manhattan State Supreme Court ...

With the economics of non-agency securitization uncertain, Redwood Trust announced this week that it is considering bulk sales of newly originated non-agency jumbo loans in lieu of securitization. The real estate investment trust said it plans to issue four to six mortgage-backed securities this year – including the one completed in January – depending on whether the REIT sells a portion of its whole loans on a bulk basis. The business decision to either securitize or sell whole loans will be based on balancing ...

Fannie Mae and Freddie Mac could be used to help establish a functioning non-agency market, according to a strategic plan released last week by the Federal Housing Finance Agency. The conservator of the government-sponsored enterprises said it is working on various initiatives to gradually reduce the GSEs’ roles in housing finance. “The strategic goals and performance objectives set forth here provide an outline for the next chapter of the story, one that focuses in earnest on building a secondary mortgage market infrastructure that will live beyond the enterprises,” said Edward DeMarco, acting director of the FHFA, in testimony this week before the Senate Committee on Banking, Housing, and Urban Affairs ...