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GLOBAL PERSPECTIVE<br />

A well-functioning disclosure and regulatory environment, an infrastructure<br />

that supports timely, accurate, and clear communications to investors, coupled<br />

with an educated investor population, will be able to reap the benefits of<br />

mortgage securitization and avoid the worst of the risks. Lastly, following<br />

accounting rules, having high quality audits, making timely provisions for<br />

bad debts, and writing down impaired assets are all old lessons but even<br />

more critical in the new economy.<br />

filing for bankruptcy protection in April 2007. Over<br />

150 prime and subprime lenders also failed in 2007. 15<br />

By 2008, the MBS themselves started to tarnish. Mortgages<br />

had been combined into varying funds, and so<br />

it was extremely difficult to gauge which MBS or even<br />

which companies were susceptible to the subprime<br />

defaults. <strong>The</strong> value of all MBS became suspect, and<br />

just about every financial institution had some MBS<br />

on their books. While buyers of credit default swaps<br />

were making money, CDS sellers were taking a hit.<br />

Soon banks were unwilling to lend to each other because<br />

they were not sure if the other bank had a big<br />

exposure to subprime loans and CDS. By September<br />

2008, banks stopped lending to each other at even<br />

high interest rates. When there is substantial risk of<br />

the principal not being returned, a high interest rate<br />

is not sufficient inducement for potential lenders to<br />

part with their money. <strong>The</strong> widespread uncertainty<br />

froze credit markets, and banks were unable to meet<br />

their current obligations. What followed next was an<br />

unprecedented and spectacular failure of financial institutions.<br />

Two investment banks that were among the most<br />

deeply leveraged in MBS were the first to go. In<br />

March 2008, Bear Sterns was rescued by JP Morgan<br />

Chase in a deal brokered by the New York Federal<br />

Reserve Bank; in September Lehman Brothers, a<br />

158-year old institution, filed for bankruptcy. After<br />

Lehman failed, the floodgates opened on insolvencies.<br />

Fannie Mae and Freddie Mac, which owned or<br />

guaranteed over 50% of the $12 trillion US mortgages,<br />

were taken over by the US government. Bank of<br />

America stepped in to rescue Merrill Lynch. <strong>The</strong> US<br />

Federal Reserve extended an $85 billion loan to help<br />

AIG meet their obligations on all those credit default<br />

swaps. That amount has since grown to $150 billion<br />

and the eventual amount could be higher. Washington<br />

Mutual, in the largest bank failure ever in the United<br />

States, was seized by the Federal Deposit Insurance<br />

Corporation (FDIC), while Wachovia bank was acquired<br />

by Wells Fargo.<br />

Investment banks were vulnerable to the downturn<br />

in mortgage values for several reasons. <strong>The</strong> first was<br />

that investment banks, unlike retail banks, do not<br />

typically have a lot of capital. <strong>The</strong>y buy and sell, borrow<br />

and lend, making money on the transaction and<br />

trading fees. <strong>The</strong>y are not allowed to take deposits so<br />

they depend on fee-based and trading-based income<br />

and on loans to finance purchases and investments.<br />

It took three to nine months to securitize the MBS,<br />

so when the downturn came, many investment banks<br />

were left holding warehoused mortgages that had significantly<br />

declined in value or had no market at all. If<br />

they had financed the purchase of those mortgages<br />

with borrowing, they had to pay back the money they<br />

had used to buy mortgages they could no longer sell<br />

or securitize, creating a severe and acute cash crunch.<br />

Adding to their difficulties, investment banks whose<br />

client contracts required them to buy back the CDOs<br />

that they had guaranteed scrambled for cash or credit<br />

to meet their obligations. Investment banks were also<br />

obligated by contract to finance several SPEs. <strong>The</strong>y<br />

had planned on raising money with short term instruments<br />

such as commercial paper, but their access to<br />

such credit dried up when no one was willing to lend<br />

to a bank.<br />

<strong>The</strong> contagion extended to traditional banks that had<br />

MBS and CDS on their books as well. When the news<br />

spread that banks were in financial difficulties, the loss<br />

of confidence caused a run on several institutions,<br />

and some in the United States and Europe became<br />

insolvent. <strong>The</strong> ones that were solvent were anxious<br />

to sell their MBS to meet their liquidity needs but the<br />

MBS started trading at steep discounts, well below<br />

the value they would realize if held to maturity. <strong>The</strong><br />

lack of buyers and the anxiety to sell drove the prices<br />

of MBS down very rapidly. Mark-to-market (MtM)<br />

accounting rules, which required firms to record the<br />

fair market value on assets and liabilities, acted in a<br />

pro-cyclical manner to exacerbate the decline in the<br />

prices of MBS. John Berlau, director of the Center<br />

for Entrepreneurship at the Competitive Enterprise<br />

Institute and a free market proponent, likened the<br />

MtM rules to a “method of disease transmission,”<br />

15 Krishna Palepu, Suraj Srinivasan, and Aldo Sesia Jr., “New Century Financial Corporation,” HBS No. 109-034, (Boston: Harvard Business School Publishing, 2008).<br />

THE CHARTERED ACCOUNTANT 1011 DECEMBER 2008

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