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New MBS Liability Law: Good or Bad Idea?


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2007 Apr 10, 5:08am   22,386 views  248 comments

by HARM   ➕follow (0)   💰tip   ignore  

Mortgage Bondholders May Bear Subprime Loan Risk

Some excerpts:

The top Democrat and Republican on the House Financial Services Committee said investors in mortgage bonds should be liable for deceptive loans made by banks.

Democratic Chairman Barney Frank of Massachusetts and Spencer Bachus of Alabama, the committee's highest-ranking Republican, said such legislation would discourage lenders from extending loans to people with poor credit histories by making it more difficult and expensive for the banks to sell the mortgages.

``More money was being lent than should have been lent,'' Frank said in an interview from Washington. Frank, who last month predicted that the House would approve such a bill this year, said growth in the market for mortgage bonds ``provided liquidity without responsibility.''

...Bachus said he favors legislation similar to a law enacted in New Jersey in 2003 enabling homeowners whose loans are the result of predatory lending to gain compensation from lenders and investors who purchased the mortgages. The indemnity includes attorneys' fees, the borrower's total loan payments and the cost of terminating the borrower's remaining liability.

...By dispersing risk, the bonds fueled reckless and unscrupulous lending and compromised underwriting standards, he said. ``There should be a decrease'' in the money available for subprime mortgages, he said.

Reckless investors shouldn't receive any sympathy, Frank said.

Hmmm...

Ok, I'm as big a critic of the explosion of MBS/CDOs (as a prime cause/trigger) in the housing bubble as anyone on this blog. I basically agree with Frank's latter statements criticizing MBS/CDOs as encouraging reckless lending by dispersing too much risk away from loan originators (the banks & the retail mortgage brokers). But I'm not so sure that exposing MBS/CDO bondholders to massive lawsuit risk --on top of getting hosed by the BBB & Alt-A implosion-- is really the way to go here.

Come to think of it, aren't MBS/CDO bondholders pretty much holding the bag here already? They're pretty much the bottom guys in the mortgage food chain --after the originators and Wall Street middlemen have taken their cut and washed their hands of any risk or responsibility. After all is said and done, the only real legal/financial recourse the final bondholder has is to demand repurchase (by the originator) on MBSs that contain non-performing loans. If the originator is some fly-by-night New Century/Fremont/Ameriquest/MLS type outfit, and that outfit goes belly-up, then what options does the bondholder really have left? They basically have to eat the loss, right? Do they really deserve the threat of class-action lawsuits by FBs on top of already being stupid and broke?

If Congress wants to start regulating/curtailing fraud and reckless lending in the MBS bond markets, why not place a little legal liability on those who receive the maximum amount of profit for the very least amount of risk --the originating banks and mortgage brokers?

I'm all in favor of regulation that properly aligns risk with reward, but frankly I don't see how this proposal accomplishes that.
Your thoughts?

HARM

#housing

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176   Malcolm   2007 Apr 11, 2:09am  

Gep
Okay, we’re not idiots although most of us are not geniuses either, so I hope you don’t think of me as either. I was not talking about state of today’s market, I was laying out the players in the real estate game and their involvement in the process. In that context, none of what I said is out-dated. It still holds true that the home buyer is responsible for paying off the home (whether they get a 1—yr I/O or a 30-yr fixed is irrelevant, they are just adjusting the WAY they are paying it off), and the involvement by each player does not change. My post merely points out who is involved, and what risks each take on. It has nothing to do with what the state of today’s market is like.

This point sums it up the best IMO. The can of worms in this whole thing boils down to people buying something the can't afford and then looking for someone to blame. The new American way. No matter what loan product they are given the point is that they can't afford the asset, and like he beautifully states it, the game of flipping mortgages to keep that asset is irrelevant. It is just a way to finance it. If you buy into a ponzi (and that is what this was because in order to keep it going you have to keep infusing more and more loans through refing with each one getting more and more expensive) then don't go looking for someone to blame. Certainly not the guy all the way at the end of the chain who ended up with the junk note.

177   Malcolm   2007 Apr 11, 2:10am  

What cracks me up is that a lot of these bad loans revert back to the originator anyway so we're still going to hold the bond market accountable?

178   Malcolm   2007 Apr 11, 2:12am  

Aha! I just figured it out, it's not the lawyers for the FBs. They're too small, it is the lawyers for New Century and those big players that must be behind this. God, all you have to do is follow the money trail. They are the ones losing big by having to take back the loans, and they now need someone to share the cost never mind the fact that the purchase contracts are crystal clear.

179   Malcolm   2007 Apr 11, 2:16am  

"Bachus said he favors legislation similar to a law enacted in New Jersey in 2003 enabling homeowners whose loans are the result of predatory lending to gain compensation from lenders and investors who purchased the mortgages. The indemnity includes attorneys' fees, the borrower's total loan payments and the cost of terminating the borrower's remaining liability. . . ."

You guys can kiss your chances of home ownership goodbye unless you really can come up with 20% down. Holy Christ!

180   Malcolm   2007 Apr 11, 2:21am  

"while being allowed to shove the risk back down the chain to the originator in the event that someone sues for deceptive or predatory lending practices"

Bingo there it is, just like I thought. The big boys couldn't live with their own terms. Now you know where this is coming from, the corporate interests of New Century, and Accredited Home Lenders. I never knew 6% return on bonds was considered fat and juicy.

181   Malcolm   2007 Apr 11, 2:24am  

"there is no way to stop predatory and deceptive lending by writing fancy disclosures for consumers or forcing back enough loans to bankrupt the originators. We’ve noticed that the loans just get originated elsewhere."

So if you get a line of credit, and you do something wrong with the credit line, the bank is responsible. OMG!

182   Malcolm   2007 Apr 11, 2:33am  

Great article, sounds like something Peron would have done in Argentina.

183   FormerAptBroker   2007 Apr 11, 2:36am  

PaloAltoRenter (PAR) Says:

> FAB, no disrespect, but I know what a bond is.
> MBS typically sell in the lowest denominated
> chunk of about $25k. Read any prospectus on
> any non-fannie MBS and you’ll see that it’s way,
> way over the head of a retail investor.

Most retail buyers of bonds buy bond funds (even for $1K government bonds since not that many people use Treasury Direct).

P.S. Remember $25K is not as much as it used to be and it might be more than Joe six pack plans to invest at one time but is not out of line for a typical Bay Area retail investor to invest $25K at once…

184   Peter P   2007 Apr 11, 2:39am  

If we let consumers fail, they will educate themselves better next time.

I believe in Intelligent Design, but Social Darwinism does have some truth to it. The evolutionary imperative demands that stupid consumers should go to University Ave in Bumsville, CA.

185   Vicente   2007 Apr 11, 2:45am  

The thing that makes me MAD in all the articles I read, is the builders and realters and brokers who just don't get the simple fact that they have colluded whether they realize it or not. What did they achieve?

THE MIDDLE CLASS IS PRICED RIGHT OUT OF THE HOUSING MARKET.

I don't want a "free" swimming pool.
I don't want "free" closing costs.
I don't want granite countertops and a hot-tub.

What I want is a cheaper house that I can afford. They are rearranging the deck chairs on the Titanic with hearings and regulations to attempt to prop up an unrealistic market. This will not work. Until they start building and pricing houses to historical norms of price versus salary, I will not buy a house with a bunch of overpriced "extras" that are there not to offer me good value but just to jack up their profits.

186   DinOR   2007 Apr 11, 2:46am  

"Remeber 25K is not as much as it used to be"

Fixed income investors (sr. citizens) were (in some cases) having large chunks of their portfolios converted to "agencies". 100's and 100's of thousands of dollars. Even if you "could" live on $1,500 a month (25k X 6%) you'd still need to fill the other 11 months of the year. So...300k to have an $18,000 a year "lifestyle".

The yield starved investors also drove many "Hi-Yield" bond funds up 25-30% in 2002.

187   Malcolm   2007 Apr 11, 3:25am  

"The yield starved investors also drove many “Hi-Yield” bond funds up 25-30% in 2002."

Which helps make a point. People can sit back and nitpick how something doesn't line up with their agenda but they won't even consider the other spillover benefits. If making all this money is so easy why are there so many pissed off people who are supposidly smarter than everyone else who didn't do it?

188   Malcolm   2007 Apr 11, 3:26am  

Peter P
"I believe in Intelligent Design, but Social Darwinism does have some truth to it. "

We do think alike.

189   Malcolm   2007 Apr 11, 3:27am  

Vicente, just wait a little longer, you are going to get a really cheap house with all of those things. Be patient. Just save up for a really big downpayment though.

190   Malcolm   2007 Apr 11, 3:30am  

25K is chump change to a real investor.

191   Malcolm   2007 Apr 11, 3:32am  

It's the same people criticizing the system for excess who want to take thier measly $500 and turn it into $10,000 and then whine because no such mecahnism exists, so someone with $1,000,000 making 6% seems like excess to them. Gotta punish 'em.

192   DaBoss   2007 Apr 11, 3:34am  

Vicente Said..
"I will not buy a house with a bunch of overpriced “extras” that are there not to offer me good value but just to jack up their profits."

Try telling that to bunch of women! As Jack once said..."How do I get into a mind of a women... I take a man, remove reason and accountability".
The little lady realtors will label you as an "uncommited buyer with issues".

Sadly the market over the recent years have been driven more by 'Emotions' than any kind of common sense. Marketing of homes has been peppered with feminine charm. Former 800sq crack house is now a "charming Bongalo" and all the rest of the nonsense.

193   Malcolm   2007 Apr 11, 3:41am  

Hello
Yes, but believe it or not I actually care about others. I'm cleaning up either way. It is frustrating to me to hear people limiting their own futures because they haven't seen the other side of things as yet.

194   Malcolm   2007 Apr 11, 3:43am  

For my purposes I would love nothing more than a huge crash, no available credit or horrific interest rates, and a bunch of very nice properties with pools and granite to pick from.

195   DaBoss   2007 Apr 11, 3:45am  

"I believe in Intelligent Design"

Wimps!

196   Malcolm   2007 Apr 11, 3:46am  

I wish I wanted to live in NM, you could buy the whole middle of the state. In parts I calculated 70% of the lots are for sale. With a few million dollars you could literally buy the middle of the state at 900/acre and that's without negotiating.

197   Malcolm   2007 Apr 11, 3:47am  

LOL space

198   Malcolm   2007 Apr 11, 3:49am  

Peter did you ever hear the joke about people like us who don't believe in organized religion?

It goes then we must believe in unorganized religion. We sometimes meet on Sunday, if no one shows we move it to Wednesday night sometime, we just start when people show up, and we pick the book for the following week.

199   Peter P   2007 Apr 11, 3:50am  

We do think alike.

I guessed so too. How was the key lime pie?

200   Malcolm   2007 Apr 11, 3:50am  

HelloK, I have a Porsche but I view my Prius as more of a status symbol. It is pretty funny how much truth is in your post.

201   Peter P   2007 Apr 11, 3:51am  

LOL!

202   Peter P   2007 Apr 11, 3:51am  

Perhaps Porsche should make a hybrid.

203   Malcolm   2007 Apr 11, 3:52am  

Really good. I had one of those dilemas again so I bought both the key lime and the chocolate cake. I had the lime last night, we are sharing the chocolate this morning. I'm flying back to Cali this afternoon.

204   DaBoss   2007 Apr 11, 3:52am  

Either you do or you dont!

Intelligent Design is nothing more than
a move to teach God in public schools.

Religion took a back seat back in 1959
when the Godless Communist actually
put a man in space. Where was GOD in
all this people asked? After all we all
preyed to HIM! Are we not the chosen
people! LOL!!!!

205   Peter P   2007 Apr 11, 3:54am  

I think even loan-sharking should be legalized. Of course, illegal collection practices should not be tolerated. It is a civilized society after all. But if a consumer is willing to borrow at 2000% annualized interest rate, no one should stop him.

206   StuckInBA   2007 Apr 11, 3:55am  

Just read this on Yahoo news. Very short article, so reposting the complete text.

http://news.yahoo.com/s/nm/20070411/bs_nm/usa_subprime_congress_dc_1


Lawmakers propose aid for subprime borrowers

WASHINGTON (Reuters) - The federal government should offer troubled borrowers hundreds of millions of dollars to bail them out of subprime mortgage loans, several leading Democratic lawmakers said on Wednesday.

"The federal government can send in an infusion of (money) to prevent foreclosure," said Charles Schumer (news, bio, voting record), a New York Democrat.

The cash infusion is needed right away and should go to both help fund community groups aiding troubled borrowers and to directly fund bailouts, Schumer said.

Schumer spoke as chairman of the Joint Economic Committee, a joint committee of Congress, and appeared with Democratic senators Robert Menendez (news, bio, voting record) of New Jersey and Sherrod Brown (news, bio, voting record) of Ohio.

He said he planned to introduce legislation soon.

207   Malcolm   2007 Apr 11, 3:59am  

You know what sucks StuckBA? It wouldn't be so bad but 2 years ago when I would debate the housing bubble with my friends I even outlined the blame game and the bailout hero legislators.

208   StuckInBA   2007 Apr 11, 3:59am  

This is the first time my blood boiled after reading a bailout news. Till now I was cynical and dismissing these as political stunts. But the wording of the article is so pathetic, so irresponsible and so shameless. Not a single word of counter arguments.

209   HARM   2007 Apr 11, 4:01am  

This about sums it up for me:

Skibum said:

...as I see it, Frank’s solution may indeed deter bondholders from freely funding subprimes (via deterrence), but it seems to be a convoluted solution to a convoluted problem...

Wouldn’t the simple, common sense solution be to change the system that allows dilution of risk? Why was this a good thing in the first place (other than making money off of subprimes)? What’s lost here is that the basic investment principle that the potential for higher returns should come at the cost of higher risk on the downside. The entire system of MBS counteracts this principle. So ironically similar to the FBs motivations, average investors or even average fund managers over the past few years jumped at the chance of getting a high return at minimal risk.

Should these investors be liable for compensating the end user (FB)? Probably not, I’d say. This thing smells to me like a convenient excuse for someone in Congress wed to trial lawyer lobbying money to find another tort for trial lawyers to bank money from.

Malcolm said:

If you buy into a ponzi ...then don’t go looking for someone to blame. Certainly not the guy all the way at the end of the chain who ended up with the junk note.

What cracks me up is that a lot of these bad loans revert back to the originator anyway so we’re still going to hold the bond market accountable?

Aha! I just figured it out, it’s not the lawyers for the FBs. They’re too small, it is the lawyers for New Century and those big players that must be behind this. God, all you have to do is follow the money trail. They are the ones losing big by having to take back the loans, and they now need someone to share the cost never mind the fact that the purchase contracts are crystal clear.

While the anti-bubble housing bear in me likes the fact that Frank's law would immediately crash the MBS easy-money mortgage lending market (probably overnight), I think it's basically punishing the least guilty actors (retail bondholders), while also giving a free pass to the people most responsible for the whole mess --namely, the Wall Street firms & banksters who setup the whole MBS risk-transferrence scheme to begin with. And it would create a whole new market for class-action lawsuits to mainly benefit trial lawyers and FBs, many of whom (though not all) were guilty/complicit themselves.

210   Malcolm   2007 Apr 11, 4:02am  

Money tree and those payday guys actually work out to be in the hundreds of percent. Since a lot of the JBRs use them and literally now depend on them they don't seem to want to punish them. Am I the only one who finds this hysterically funny?
Everytime someone mentions protecting those borrowers Jesse Jackson shows up with his 'rent a mob'.

211   Peter P   2007 Apr 11, 4:04am  

As in the Sheriff / Courts refused to cooperate.

Send in the national guards! :)

Well, it is a different story if a person lacks the mental capacity, unless that person should reasonably have such capacity.

212   skibum   2007 Apr 11, 4:06am  

Everytime someone mentions protecting those borrowers Jesse Jackson shows up with his ‘rent a mob’.

LOL. That guy has done nothing useful for society. At least he's marginally more respectable than Al Sharpton.

213   Malcolm   2007 Apr 11, 4:07am  

Harm, the only thing I could even consider from the other point of view is maybe taking out the cherry picking clauses, but those are only for basically blatant bad loans that default in the first few months. The bond holders hold the bag of dilluted risk during the normal rate of defaults. It is so clearly that some powerful entities are getting jammed right now. I have to add that these subprime originators were rolling in the dough when times were different. You want to talk about excess we're talking Lear jets, indoor jogging tracks, the whole shabang. The stockholders did very very well also.

214   Malcolm   2007 Apr 11, 4:08am  

He happened to be in a couple of photos and videos with ML King and has shrewdley captitalized on it ever since. I almost have to respect him for that. He is the William Hung of Civil Rights.

215   Malcolm   2007 Apr 11, 4:10am  

Honestly though these guys were just operating off of lines of credit. Going back to the car analogy, if I get a loan and buy a car, then use it in a bank robbery, how is the bank liable?

If I take a line of credit and lend it to some desperate guy at Russian mafia interest rates, how is the bank liable?

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