I don’t think risk retention is applicable to a direct issuance securitization. Many single asset, single borrower (SASB) transactions can be structured to avoid the need to retain risk under the Dodd-Frank Act and the attendant Risk Retention Rule. There. I’ve said it. Read on.
Continue Reading The Astonishingly Shrinking Risk Retention Rule – SASB Transactions Unshackled
OnPoint
The Marketplace Lending Industry Sneezes and Securitization Catches a Cold – Bad Law in the Madden Decision
For the past year or so, Dechert has been keeping a close eye on the marketplace lending industry and the tension between innovation, which portends the development of an entirely new non-banking financial space, and the instinctual reaction of the regulatory state to resist and restrict innovation. Earlier this summer, we published an OnPoint providing a comprehensive review of recent hurdles and developments affecting the marketplace lending industry, including the potentially far-reaching Madden v. Midland Funding case from the Second Circuit. The Supreme Court has now denied cert in the case and so the Second Circuit’s decision will stand.
Continue Reading The Marketplace Lending Industry Sneezes and Securitization Catches a Cold – Bad Law in the Madden Decision
A Trip Through the Labyrinth – The Regulatory Man in Full
And now to return to our commentary a few weeks back about the stultifying impact of ill-thought through rules and regulations (at best) (Brexit has intervened). This is our Regulatory State which broadly attempted to pick winners and losers and modify market behavior, to get an engineered outcome by using the blunderbuss of proscriptive rules and regulation.
Continue Reading A Trip Through the Labyrinth – The Regulatory Man in Full
The Strange Death of the Modern Financial System
With apologies to George Dangerfield, who published The Strange Death of Liberal England in 1935 chronicling the collapse of the British Liberal Party prior to World War I, I’m borrowing his title for this commentary. Okay, bear with me. Regrettably, we may be witnessing something happening to our banking system which is somewhat reminiscent of the death throes of one of England’s great political parties. The Liberal Party expired in the years leading up to the Great War not because of some single momentous and metamorphic event, but because of a series of modest crises, each in its own right small bore which, at the time, was not viewed as terribly consequential. It failed because of the stultifying, dismal and confused responses of the Liberals to these events. In the end, the party became untenable as a party of government. Let’s hope no one writes that book about our banking system in the years to come.
Our enormously complex, interdependent, vibrant, entrepreneurial, adaptive, world girding and dynamic U.S. banking system has played a seminal and still critical role in making this economy succeed. It is now under assault by large segments of our political elites and their attendant and enabling (self-identified) intelligencia. This fraternity inspired by the twin idee fixe that the Great Recession was caused by the failures and failing, economic, structural and ethical of our banking system and a fabulist conviction that banking can be “fixed.” This is a chimerical crusade to overturn the business cycle. Fruitless and dangerous.Continue Reading The Strange Death of the Modern Financial System
Risk Retention: It’s the Fourth Quarter and the Home Team is Getting Glum
We thought it would be useful to give a quick, interim update on the slow-motion train wreck that is our industry’s response to the upcoming effectiveness of the Risk Retention Rule. For those of you who have been blessedly snoozing under a rock these past couple of years, the Risk Retention Rule becomes effective on Christmas Eve and applies to all transactions closed (priced?) after that date. The Rule, to generalize a bit, requires the sponsor of a securitization to retain a 5% vertical or horizontal strip with the additional possibility of laying off some or all of that risk onto a qualified B piece buyer or a mortgage loan originator. For more detail, please see our OnPoints, our risk retention briefing white papers and many, many back issues of this CrunchedCredit.
Here’s the headline in Muddville in May of 2017:
We As An Industry Are In Trouble.
We as an industry don’t have a scalable solution to the problem. We as an industry do not know what this will cost, who will pay for it, and to what extent this is an existential risk to CRE capital formation as it has been conducted for the past twenty-five years.Continue Reading Risk Retention: It’s the Fourth Quarter and the Home Team is Getting Glum
Flash: Congress Fixes the CMBS Risk Retention Problem (Just Kidding)
Last week, the House Committee on Financial Services reported out the Preserving Access to CRE Capital Act of 2016 (the “bill”) in a remarkably bipartisan sort of way (paving the way for: “Well, yes, I did vote for it, but then I voted against it.”). The bill, which was drafted and backed by CREFC, would exempt certain single asset/single borrower securitizations from the risk retention requirements, would allow the B-piece buyer to acquire the risk retention piece in a senior/subordinate capital structure and loosen the criteria for a qualified commercial real estate loan to make it more useful for CMBS players endeavoring to meet the risk retention requirements of Dodd-Frank. See Dechert’s OnPoint for a more detailed description of the bill.
Continue Reading Flash: Congress Fixes the CMBS Risk Retention Problem (Just Kidding)
OnPoint: RMBS Risk Retention is Here
Just in case you set your copy down during the cocktail hour at the SFIG & IMN ABS Vegas 2016 Conference, here is our latest OnPoint:
Click here for more information about Risk Retention.
What Are the New Partnership Audit Rules?
The recently enacted Bipartisan Budget Act of 2015 amended the existing rules governing tax audits of partnerships in the U.S.
Who Does this Effect and When?
The new rules primarily impact partnerships with more than 100 partners and will generally apply to partnership taxable years after December 31, 2017. A partnership may elect to apply the new rules to tax returns for partnership taxable years after November 2, 2015 and before January 1, 2018. Certain partnerships with 100 (or fewer) partners may opt to elect out of the new rules and instead be subject to audits at the partner level.
Continue Reading What Are the New Partnership Audit Rules?
CREFC and MBA/CREF: A Hitchhiker’s Guide to Alternate Universes
That whole alternate universe thing, the conceit of so many sci-fi novels, is clearly not merely the product of fevered minds. It’s real. Or, at least it seemed awfully real after having been at the CREFC meeting in Miami and the MBA/CREF meeting in Orlando during the past month.
Continue Reading CREFC and MBA/CREF: A Hitchhiker’s Guide to Alternate Universes
Three Important Structured Finance Court Decisions of 2015
The courts have been busy this year, handing down several key decisions which have affected the structured finance landscape. Among them are Omnicare, Ace Securities and Madden. In the grand tradition of the Golden Turkey Awards due out later this month (and without stealing any of their thunder), this post is a quick review of these important cases.
Continue Reading Three Important Structured Finance Court Decisions of 2015