Bank investments in vintage non-agency mortgage-backed securities have increased recently due to a number of factors specific to the sector as well as broader economic issues. However, Standard & Poor’s warned last week that some banks are increasingly relying on non-agency MBS to prop up earnings, which could lead banks to take even further risks with their non-agency investments and hedging. “If this occurs in a significant manner, we could lower our ratings on a bank that is undertaking such activity,” the rating service said ...

Another fund participating in the Public-Private Investment Program terminated its investment period, suggesting the PPIP is less useful for investors in non-agency mortgage-backed securities than investing without the help of the Troubled Asset Relief Program. The Treasury Department recently announced that the RLJ Western Public-Private Investment Fund ended its investment period on July 15. Invesco’s PPIF made a similar announcement in September and ended its participation in the PPIP in April, leaving ... [Includes one chart]

The withdrawal of one of the biggest opponents to Bank of America’s pending $8.5 billion settlement with non-agency mortgage-backed security investors will not necessarily speed approval of the deal, according to industry analysts. Last month, the hedge fund Baupost (known as Walnut Place in the lawsuit) dropped its objections to the settlement and moved to sell some its holdings on Countrywide Financial non-agency MBS. A number of other entities continue to oppose the settlement, including AIG and ...

The Securities and Exchange Commission published interpretive guidance last week regarding references in federal regulations to ratings of mortgage-backed securities. Even though the Dodd-Frank Act mandated that such references be changed by July 20, the SEC’s guidance will keep the references intact until the federal regulator and others can establish new standards of creditworthiness. The Office of the Comptroller of the Currency and the National Credit Union Administration have also ... [Includes three briefs]

Overall, banks continued to report strong earnings from their mortgage banking operations during the second quarter, but there were nearly as many institutions reporting declining profits or net losses as there were reporting gains. According to an analysis by Inside Mortgage Trends, an affiliated newsletter, a group of 21 top lenders posted a combined $8.2 billion in mortgage banking profits during the second quarter. That was down 6.8 percent from the $8.8 billion those same companies earning during the first three months of the year, but mortgage banking income was up dramatically from the first half of 2011. Major banks reported...

Mortgage banking profits remained at very high levels during the second quarter of 2012, although about half the top lenders that have reported results so far said their income was down from the first three months of the year. In many cases, robust production income was offset by persistently high repurchase expenses. A new Inside Mortgage Trends analysis of earnings reports from 21 banks with significant mortgage banking operations revealed...[Includes one data chart]

Compliance management, consumer complaints, fair lending and unfair, deceptive business practices will receive the most scrutiny during supervisory exams of large banks and nonbank financial institutions, according to the Consumer Financial Protection Bureau. Lenders should reevaluate their current policies and procedures for consumer protection even before they are selected for a comprehensive audit by the CFPB, suggested Allison Brown, program manager for mortgage supervision within the bureau’s Office of Nonbank Supervision. Penalties for noncompliance are unclear but noncompliant institutions will be required...

Subsidiaries of Nationstar Mortgage Holdings announced last week that they intended to sell $100 million in senior notes to help fund future acquisitions and transfers of servicing portfolios, including the potential acquisition of certain servicing assets from Residential Capital. The notes were sold this week in a private placement. The notes are a “follow-on” issue to $275 million in senior notes the company issued in April, due in 2019. Nationstar said the additional notes were issued at an offering price of 105.500 percent, they have an effective yield of 8.396 percent and carry a coupon of 9.625 percent per annum, payable semi-annually in arrears, beginning in November 2012. In May, Nationstar announced that it would pay...

A “bad bank” entity for pooling and standardized restructuring and resecuritization of underwater mortgages may be the best bet for the housing market to pull itself out of the negative equity quagmire of the last several years, according to a proposal by a Georgetown University law professor. In his white paper – Clearing the Mortgage Market Through Principal Reduction: A Bad Bank for Housing RTC 2.0 – Adam Levitin makes the case that the best option for “clearing the market” lies via “negotiated, quasi-voluntary principal reduction” using a privately funded Resolution Trust Corporation-style entity. “Such an RTC 2.0 would provide a framework for implementing ‘quasi-voluntary’ principal reductions in the context of litigation or regulatory settlement or the federal government’s exercise of its secondary market power to exclude...

Fannie Mae and Freddie Mac have adopted a “common language” to improve and help ease lenders’ delivery of loans and appraisals to the government-sponsored enterprises. The GSEs’ full adoption of the Uniform Loan Delivery Dataset (ULDD) on July 23 establishes a common usage and standardizes most of the data required at the time of loan delivery, minimizing differences wherever possible. Freddie Mac hailed the new system as a “critical milestone” of the Uniform Mortgage Data Program, a joint GSE initiative to provide...