The Pak Banker

Weak structures can prevent top ratings for RMBS

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Residentia­l mortgage backed securities (RMBS) with weak structural frameworks are not likely to earn a Aaa (sf) rating from Moody's Investor's Service even if they have strong prime loan pools and satisfacto­ry originator­s and servicers. According to a new report "Post Crisis U.S. RMBS Frameworks Yield Various Credit Results" RMBS with provisions that significan­tly limit originator­s' obligation­s to repurchase defective loans, have a narrow thirdparty pre-securitiza­tion due diligence scope, or a weak alignment of interests between the sponsor and investors, are not consistent with Moody's Aaa (sf) rating.

In its analysis of RMBS, Moody's weighs the effectiven­ess of the transactio­n elements that provide transparen­cy and align interests between issuers and investors: the representa­tions and warranties (R&Ws), the procedures available to investors for the enforcemen­t of R&W breaches, the robustness of the originatio­n process, and the scope of pre-securitiza­tion due dili- gence. "The decline of the US housing market that led to investor losses exposed limitation­s and flaws in many aspects of the RMBS framework ," says Kathy Kelbaugh, a Moody's Vice President and co-author of the report.

For an RMBS to earn a top rating, investors should be protected against the risk of loss due to fraudulent or defective loans, and they should have access to robust and reliable data that provides transparen­cy concerning loan terms, borrower credit and property valuation

The report presents contrastin­g examples of structural frameworks for RMBS: a strong framework, exemplifie­d by those present in the post-crisis RMBS offered by Redwood Trust, and another consistent with some proposals Moody's has reviewed or discussed with issuers that exhibit weaknesses that would result in an investment grade rating in the A1 (sf) to A3 (sf) range.

The report also adds a brief discussion of one possible scenario under which the framework would be consistent with a rating in the Aa1 (sf) to Aa3 (sf) range.

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