ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Conglomerate

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Conglomerate

Eric Posner on the Upside of Aggregation

By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring

ADVERTISEMENTS

Eric Posner makes a nice point about the unsaleability of toxic assets:

Banks apparently hold onto their MBS?s because they would become insolvent or violate minimum capital adequacy requirements if they traded them for paltry sums of cash and/or marked them down to the market value that would be revealed as a result of trading. In the meantime, the banks can hope that the securities will appreciate either because the economy improves or the government intervenes.

It's a reminder that one contribution to the freezing up of the MBS market is regulation, specifically capital adequacy regulation - or at least it is if banks don't have to mark hard-to-sell MBS to market to meet their capital requirements.  I presume that some combination of those requirements and other accounting principles about when you'd have to recognize a loss are, at least, not helping matters.

Posner also notes that one advantage of the proposed government takeover of these securities is that the transaction cost problem, whereby the multifarious holders of MBS are hard to put together in unanimous agreement that the underlying mortgages should be modified, which would impact their expected payment stream, is solved.

I agree that substituting the government for all these owners would solve that problem (as would, by the way, Barney Frank's TARP-2, which would unilaterally modify all those loans).  Does this mean that the Aggregator Bank is a good thing?

Maybe, but I'm not sure how the valuation problem is avoided.  For the government has to purchase to assets in its Aggregator Bank from the bank, and then we are back in the rabbit hole of "what are they worth?"

In old English property cases, people sometimes left their personal property with a bailee, who owed a duty of care to the owner of the goods being held.  Perhaps what is needed is a government conservatorship of the toxic assets, held and modifiable by the US, but owned, and eventually returned, to the banks.

Full post as published by Conglomerate on January 20, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 10/31/26 14:41:55)