Rating Agency Developments – Week of February 6, 2012

On February 3, Fitch updated its global criteria report for non-performing loan transactions. Fitch Report.

On February 2, DBRS released its methodology for North American CRE non-performing loan liquidating trusts. DBRS Report.

On February 1, DBRS released its methodology for Canadian HELOCs. DBRS Report.

On January 31, Fitch updated its private student loan ABS criteria. Fitch Report.

On January 31, Fitch answered frequently asked questions about UK RMBS master trusts. Fitch Report.

On January 30, Fitch updated its criteria on legal uncertainty in emerging market securitizations. Fitch Report

On January 30, Moody’s released its methodology for municipal bonds and commercial paper supported by a borrower’s self-liquidity. Moody’s Report.

On January 30, Moody’s released its pre-2005 RMBS surveillance methodology. Moody’s Report.

On January 30, DBRS released its methodologies for Canadian auto lease and auto loan securitizations. DBRS Auto Lease Report. DBRS Auto Loan Report.

On January 26, S&P gave advance notice of proposed changes to its U.S. local government general obligation bond criteria. S&P Report.

*Note: Free registration is required for Fitch, Moody’s, and S&P reports.

S.D.N.Y. Holds Monoline Insurer Can Pursue Pool-Wide Remedy Based on Sampling of Loans

On March 25, 2011, Judge Paul A. Crotty of the Southern District of New York granted partial summary judgment to Syncora Guarantee, Inc., a monoline insurer, in a suit against Bear Stearns affiliate EMC Mortgage Corp. In that decision, Judge Crotty rejected EMC’s argument that the exclusive remedy available to Syncora for breaches of representations and warranties on Home Equity Line of Credit (“HELOC”) residential mortgage loans underlying the insured securitization was the repurchase of the individually identified, non-complying loans. Instead, the court, citing the broad rights and remedies for which Syncora bargained, accepted Syncora’s position that it “could seek a pool-wide remedy based on sampling and extrapolation.” Syncora Decision.