On February 16, the New York State Assembly Standing Committee on Insurance held a hearing on financial guaranty insurance and representations and warranties in securitized debt transactions. Back in 2007 and 2008, many of the monolines like MBIA, Ambac, and Radian got into big trouble insuring RMBS. Underwriting standards were especially egregious on the part of the originators and the banks who did the securitizations essentially committed fraud when they represented and warranted to the monolines conformed to the underwriting standards set out in the insurance agreement.
Joeseph Brown, CEO of MBIA, testified before the Committee and gave a very good background of the financial guarantee industry and “how the fraud, misrepresentations and failures of certain securitization sponsors to honor their representations and warranties on residential mortgage-backed securities that we insured have led to billions of dollars of claims on MBIA’s policies.”
Most interesting to me is this statement (from which I derived the title of this blog post):
These reps and warranties were critical to us, as these criteria were a key determinant of the quality of loans eligible to be included in the loan pool – and consequently, how the pool could be expected to perform. Interestingly, during this same time period, we insured several billion dollars’ worth of subprime mortgage securitizations. We required overcollateralization consistent with subprime loans because the pools were accurately represented to us, and we understood that they posed a higher risk than securitizations of prime loans. Ironically, these subprime transactions have performed with virtually no losses. Our losses have actually come from securitizations of what were represented to us as pools of prime loans – which, as a result, were structured with less overcollateralization. But because the quality of the loans was misrepresented, and they turned out to be anything but prime, the performance of the securitizations has been abysmal.
Thus far, MBIA has paid out over $4.2 billion in claims and the Company expects to recover about $2.2 billion as of September 30, 2010. After reading through the lawsuits filed by MBIA and Assured Guaranty against these banks, I expect both companies to experience continued success in recovering what they have paid out. When over 80%-90% of loans in a securitization breach a rep and warranty, it is just sickening to see banks avoid their contractual obligations.
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