LOTS of news over the week end and this morning about these guys; I want to give you my prospective this morning.
First off IndyMac: after tha hatchet job New York Senator Chuck Schumer (sp?) did on Indy last week, and the closing of the sale of Countrywide to Bank of America, their being shut down isn’t a big surprise to me! On the news today, I heard there are over 90 banks in the Country on a ‘watch’ list at FDIC, and IndyMac Bank wasn’t even on it! I guess those regulators didn’t read about what Chuck said, and the resulting run on deposits at IndyMac Bank, nor did they notice that the CW deal ‘closed.’ As a small bit of history for you, IndyMac MORTGAGE was started by Angelo’s son. Later both CW & Indy bought tiny BANKS (credibility and expansion reasons by both). From what I have been told, for some time there have been in place significant ‘reps & warranties’ in place by CW, benefiting IndyMac Bank. CW gone, they disappear! Run on deposits & BINGO! What this all means to origintors of residential mortgages, is the new owners of IndyMac Bank won’t offer the non-conforming products that Indy has been doing, another known funding source that’s gone (this is one reason I myself never sold loans to a known source, never) (read my July 12th blog post).
There has been an implied Goverment warranty behind both Fannie & Freddie since they were created as Government Sponsored Enterprises (GSE), a kind of privately held corporation with this ‘implied’ guaranty which has been a playground for it’s execs for the last two (2) decades. They’ve both had their (non-mortgage experienced) CEO & President’s tossed out twice (that I remember), world-class fraudulent accounting practices, and legendary looting from within by their senior executives. Now they’ll have an explicit Government backing and (I PREY) more control over them as well. One of their most reckless practices, which I haven’t seen get much press ever, was when they changed from only securitizing their own conforming loans, and therefore they backed/guaranteed their (the underlying loans) performance to the securities buyers/investors. Later, they moved on to also buying the securities of others, who’s underlying loans were backed/guaranteed, by the issurers. In the first example, they could exert control over the quality of the actual underlying individual loans, so the risk was known by them. In the second illustration, those underlying loans were a product of the lenders own guidelines (MOST of these were NOT conforming type loans), therefore the risk to Fannie & Freddie is Much much higher. BUT, those securities are not merely backed by loans, but also by certain reps & warranties, guarantees of … say … IndyMac Bank (the lender that securitiized the loans)!
In example #1, as some loans turn into non-performing ones, whoever bought those securities knew the full faith and credit of the United States of America’s Governement was ‘implied’ to protect their investment, so the price Fannie & Freddie paid out to them was low, and so was the ‘rate’ they charged lenders on the loans they sold to them was also low … good for YOU.
In example #2, as some loans turn into non-performing ones, they were not the issurer of the securities, but the buyers of those securities, and they knew their investment was backed by loans (that DIDN’T meet their standards) plus those loans were protected by the financial strength of the lender that securitized them! (like maybe IndyMac Bank) … BAD for YOU. Fannie & Freddie lose money.
Now that the Government has more influence over them (due to their new ‘explicit’ guarantee), soon they should figure out how much of example #2 they both own, they may cut that practice off (or significantly roll it back) so as to not expose tax payors to that additional risk … BAD for YOU if you do business with known funding sources that securitize their loans. Thankfully as they blunder around (like our Goverment seems to only do lately), it will take some time (READ: years).
In conclusion, these activities make for a more cloudy future for originators, unless they are equipt to side-step these problems. GOOD LUCK.
PS: Since I wrote this post above, we issued a Press Release about this, please click to read it HERE.