Friday, August 03, 2007

Bankruptcy Risk

I'm going to bring up a reminder of something that I wrote about back in the Spring.
The bankruptcy of these sponsors (New Century, American Home Mortgage, Accredited
Home Lenders) could roil the bond markets if these assets are yanked from the REITS.



Bankruptcy of the Depositor or the The depositor and the sponsor may be
Sponsor May Delay or Reduce eligible to become a debtor under the
Collections on Loans United States Bankruptcy Code. If the
depositor or the sponsor for the
certificates were to become a debtor
under the United States Bankruptcy Code,
the bankruptcy court could be asked to
determine whether the mortgage loans
constitute property of the debtor, or
whether they constitute property of the
issuing entity. If the bankruptcy court
were to determine that the mortgage
loans constitute property of the estate
of the debtor, there could be delays in
payments to certificateholders of
collections on the mortgage loans and/or
reductions in the amount of the payments
paid to certificateholders. The mortgage
loans would not constitute property of
the estate of the depositor or of the
sponsor if the transfer of the mortgage
loans from the sponsor to the depositor
and from the depositor to the issuing
entity are treated as true sales, rather
than pledges, of the mortgage loans.

The transactions contemplated by this
prospectus supplement and the related
prospectus will be structured so that,
if there were to be a bankruptcy
proceeding with respect to the sponsor
or the depositor, the transfers
described above should be treated as
true sales, and not as pledges. The
mortgage loans should accordingly be

2 comments:

Anonymous said...

Its all your fault! Excellent digging it was too. When you look at the MTG REITS it also appears you see the same things on both sides of Bsheet. A lot of these cos. appear literally to be worth less than the paper they have written ;)

Anonymous said...

I saw your email to me today sitting in an old account along with 165 others, mostly from Nigerian Princes asking me to open accounts for them to transfer $5M immediately for purposes of some great Joint Venture. I will have to answer those later.

I stuck with it awhile longer just because I did not want to go out like Tony Montana in Scarface with tommygun blazin'. (Though I must be getting old because that REALLY IS my style.) It helps when people say they appreciate what you are doing for them. It also helps (ego) that they think you can call tops and bottoms. ;)

But as for your message, yes, there is a extraordinary amount of swelling in the cranial region as you have pointed out and it is likely that condition is irremediable. I meant every word I said as well and am happy you got yours off your chest. My history there has seen plenty of this, the empty promises, etc and it is tiresome. Especially considering the purple robes that are being worn. I do not find they fit particularly well, do you?

Anyway, keep up the good work. I think you have a knack for this.

Not Very Anon