Commercial Mortgage Backed Securities

News & Analysis as of

Credit Risk Retention Final Rule: Enforcement and Compliance Considerations

Predicting enforcement of the final rule regarding U.S. risk retention is an uncertain task. This OnPoint is designed to provide guidance on possibilities related to consequences of non-compliance, enforcement approaches by...more

Rating Agency Developments

On December 10, Moody’s released its approach to rating sustainable net cash flow for CMBS and CRE CDO CLO Real Estate collateral in the Americas and ex-Japan Asia Pacific. On December 10, Moody’s released its approach to...more

Final Credit Risk Retention Requirements for Asset-Backed Securities Transactions

On October 21-22, 2014, the federal regulatory agencies responsible for implementing regulations under The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) finalized rules for risk retention...more

Risk Retention for Commercial Mortgage-Backed Securities: Fact Sheet

On October 22, 2014, the federal regulatory agencies responsible for implementing regulations under Dodd-Frank finalized the risk retention rules for ABS transactions, including CMBS transactions. The final rules come more...more

Credit Risk Retention Final Rule: Steering CMBS through the Regulatory Wake

Introduction and Summary of CMBS Updates - After more than three and a half years since the publication by regulators of the first proposals for credit risk retention, we now have a final rule that has brought with it...more

PACE Yourself

Property Assessed Clean Energy (PACE) loans allow property owners to finance clean energy improvements to their properties generally secured by property liens senior to mortgages through tax assessments. Moody’s recently...more

Rating Agency Developments

On September 19, Fitch released its criteria for analyzing large loans within single-borrower or multiborrower U.S. CMBS transactions. On September 17, DBRS released its methodology for rating U.S. structured finance...more

Positive Report for South Florida Commercial Real Estate

TREPP Analytics recently provided the U.S. commercial real estate industry some positive news – both the CMBS delinquency rate and seriously delinquent loans are down. The delinquency rate as of June 2014 is 6.05% (compared...more

Rating Agency Developments

On June 18, Fitch released its criteria for analyzing multi-borrower U.S. CMBS transactions. On June 18, Fitch released its criteria for rating securitizations in emerging markets. On June 16, Fitch released its master...more

Rating Agency Developments - Febuary 26, 2014

On February 14, Fitch released its criteria for rating U.S. commercial mortgage servicers. On February 13, Fitch released its criteria for rating RMBS in Latin America. On February 11, Moody’s released its criteria for rating...more

Commercial Mortgage Options Expanding – Borrowers to Benefit?

Anyone working in the commercial real estate mortgage industry in the past five or six years is eager for signs of a sustained recovery. Having just returned from the Mortgage Bankers Association Commercial Real Estate...more

Rating Agency Developments - Febuary 04, 2014

On January 30, Fitch released its criteria for rating structured finance servicers of various products, including RMBS, CMBS and ABS. On January 30, Fitch released its criteria for rating operational risk of U.S. servicers of...more

CMBS Pre-negotiation Agreements

Pre-negotiation agreements ("PNA’s") are contractual arrangements in which a lender and a distressed borrower agree to negotiate the terms of a potential workout or settlement. The primary purpose of a PNA is to foster an...more

CMBS unresolved

S&P announced this week that over €10bn of loans backing European CMBS transactions that it rates could need refinancing next year (SCI 3 December). About €3bn of the €13bn of loans scheduled to mature in 2014 has been...more

Bankruptcy remoteness – a remote prospect?

Lawyers and investment bankers involved in setting up structured products such as asset backed commercial paper, CDOs, CMBS and CLOs often strive to achieve “bankruptcy remoteness” for the vehicle issuing the product...more

Back to the Drawing Board: Regulatory Agencies Re-Propose Risk-Retention Rules for Securitizations

On August 28, 2013, a consortium of U.S. banking, housing and securities regulators (the “Agencies”) re-proposed the joint regulations (the “Re-Proposed Rules”), to implement Section 15G of the Securities Exchange Act of...more

Orrick's Financial Industry Week in Review - July 29,2013

FHFA Statement on Freddie Mac Risk-Sharing Transaction - On July 24, the FHFA announced that Freddie Mac is nearing completion of its first risk-sharing transaction, a direct debt issuance, that will assist Freddie Mac...more

Emerging Statutory Threats to Recourse Triggers

A new type of threat is emerging that may thwart special servicer collections: retroactive state legislation. For most CMBS collection actions involving nonrecourse loans, the issue of springing recourse triggers (so-called...more

Rating Agency Developments - June 19, 2013

On June 13, S&P released its insurance criteria for U.S. and Canadian CMBS transactions. On June 13, Fitch released its criteria for assigning short-term ratings for variable-rate demand obligations (VRDOs) or maturing...more

Orrick's Financial Industry Week In Review - June 17, 2013

In This Issue: Rating Agency Development; Second Circuit Rules That Payments Made to Purchase Notes Are Exempt from Avoidance Under Section 546(e) of the Bankruptcy Code; Lehman Derivative Litigation Still Looms Large;...more

Treasury Secretary Testifies about CMBS Markets and Dodd Frank

On May 21, 2013, Treasury Secretary Jack Lew in his role as Chairman of the Financial Stability Oversight Council ("FSOC") testified before the House Financial Services Committee. In its annual report, the FSOC stated that...more

Baker Donelson Launches CMBS Special Servicing Southeast Blog

The headlines tell the story of the current state of CMBS and CRE defaults here and abroad. "Watch out for CMBS Re-Defaults" trumpets Real Estate Finance Intelligence. Financial News announces "Break Time Over as CMBS Bounce...more

Orrick's Global Real Estate Roundup - February 2013

As we look back on a busy fourth quarter 2012 that saw a flurry of deal closings in the final weeks of the year for core and value-added commercial properties in the US, an active transaction pipeline is already ramping up...more

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