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Federal Reserve Bank of New YorkSpeechEN

Dudley: A Preliminary Assessment of the TALF

SPEAKERNot stated

PUBLISHED06/09/2009, 00:00:00
EVENT / LOCATIONNot stated

A Preliminary Assessment of the TALF - FEDERAL RESERVE BANK of NEW YORK

Speech

A Preliminary Assessment of the TALF

June 4, 2009

William C. Dudley

, President and Chief Executive Officer

Remarks at the Securities Industry and Financial Markets Association and Pension Real Estate Association's Public-Private Investment Program Summit, New York City

I thank you for this opportunity to speak to you today about what we at the

Federal Reserve have been doing to improve market function and credit market

access. Since August of 2007, the Fed has introduced a wide range

of special facilities designed to improve market functioning, increase the

availability of credit and bring down borrowing costs for households and businesses.

Today, I am going to focus my comments on the Term Asset-Backed Securities

Loan Facility (TALF), which in my view is one of our most innovative programs. This

facility is a complement to the Public-Private Investment Program efforts being

undertaken by the Federal Deposit Insurance Corporation and the Treasury, which

are the primary focus of today’s conference.

In what follows, I would remind you that my comments reflect my own views

and opinions and not necessarily those of the Federal Open Market Committee

or the Federal Reserve System. I will discuss how the securitization

markets broke down last fall creating the need for TALF, how the TALF works

and what it already has accomplished, where we see it evolving going forward,

and finally, some preliminary thoughts on the future of securitization markets.

As you know, one of the origins of this crisis was the poor lending standards

and lax risk controls that led to significant losses among many of the firms

that dominate the financial industry. As the magnitude and widespread

nature of these problems became evident in the early part of 2007, there was

an abrupt loss of confidence and a sharp and sustained increase in risk aversion

among investors. Liquidity in short-term funding markets seized

up as concerns over the viability of many bank and non-bank financial institutions

increased. Many of the Federal Reserve’s early efforts—including

the Term Auction Facility, Term Securities Lending Facility and the Primary

Dealer Credit Facility—were directly aimed at restoring the ability of

financial firms to obtain access to liquidity. And while it is still too

soon to declare victory on this front, there have been significant improvements

in interbank financing markets.

The next leg of policy intervention focused more directly on shoring up the

strength of our financial institutions with programs such as the Treasury’s

Capital Purchase Program and the FDIC’s Temporary Liquidity Guarantee

Program, and here too there has been progress in a number of dimensions. Most

notably, perhaps, is that in the wake of the release of the results of the

recent stress test, the largest U.S. bank holding companies have shown an increased

ability to raise capital and issue debt without government support. The

major securities firms have deleveraged and have built up significant liquidity

buffers.

Although conditions in interbank funding markets and capital markets more

broadly have shown signs of improvement, securitization markets are still significantly

impaired. This is particularly true of the asset-backed securities markets,

in which much of household and business credit is intermediated between borrowers

and investors.

What has transpired in the asset-backed securities market over the past two

years has been dramatic. Prior to August 2007, as much as 60% of

private credit creation in the U.S. was not held on the books of depository

institutions but was instead distributed onwards through the ABS markets into

the so-called “shadow banking system.” Through the

use of ABS, banks were able to package consumer loans, credit card receivables,

student loans, residential and commercial mortgages, as well as other types

of loans into securities that were then sold to investors.

However, since August 2007, the ABS market collapsed in a series of stages—first

subprime mortgages, then alt-A mortgages and non-agency Residential Mortgage

Backed Securities, and finally consumer ABS and Commercial Mortgage Backed

Securities or CMBS. The collapse spanned every area outside of the agency

mortgage-backed securities market, which is supported by the government-sponsored

enterprises, Fannie Mae and Freddie Mac.

The final

stage of collapse of the ABS markets occurred following the failure of Lehman

Brothers last fall, when the yields on outstanding ABS issues soared and new

originations virtually disappeared. This increase in yields did not solely

reflect an increase in credit risk; it also reflected a genuine loss of confidence

and an accompanying increase in risk aversion. Yield spreads on

even the very safest ABS obligations soared hundreds of basis points. This

can be seen in the fact that AAA-rated student loan tranches, with underlying

loans 97% guaranteed by the federal government, climbed to yield levels as

much as 400 basis points over LIBOR.

With the spike in yields, the economic incentives to issue evaporated—issuance

was just too costly and there was no active market. After averaging

around $50 billion per quarter of new originations in 2007 and the first three

quarters of 2008, consumer ABS issuance plunged to only $4 billion during the

fourth quarter of 2008. Issuance of commercial mortgage backed securities ground

to a complete halt and this market currently remains closed.

So why did the ABS market collapse? There are many reasons.

One factor was that in some areas, the risk management incentives of banks

and other issuers of ABS were misaligned with those of the end investors in

these securities. This misalignment manifested itself in the overall

deterioration in lending standards that took place across the economy beginning

during the middle part of this decade. Some originators did not do an

adequate job of due diligence because the underlying loans were swiftly moved

off their balance sheets through the securitization process. This dynamic

should have been mitigated to some extent by the rating agencies as they assigned

ratings to these new securities, but that process too proved inadequate, especially

for residential real estate-related securities. The problems associated

with these misaligned incentives for issuers and inadequate rigor on the part

of the rating agencies became apparent as the housing sector turned down and

the economy weakened. The result was a dramatic spike in credit losses

and an almost complete loss of investor appetite for non-agency, residential

mortgage-backed product.

A second factor contributing to the collapse of the ABS market was that the

benefits of pooling and distributing risk more widely proved to be somewhat

illusory. In practice, the performance across different loans that collateralized

the securities was much more highly correlated than was anticipated, and the

risks associated with these securities was significantly more concentrated

than had been assumed. Some banks that were unable to sell the highest-rated

tranches kept them on their books. In other cases, the sales were made

to off-balance sheet vehicles, in which the banks retained residual risk. This

correlation contributed to the aversion of investors to the asset class as

a whole.

A third contributing factor was the fact that these securities were often

complex and heterogeneous and, thus, hard to value. In a stressed economic

environment, this complexity exacerbated the erosion in market liquidity conditions,

which in turn led to a vicious circle of falling prices and even further diminished

liquidity. The result was that some bank conduits and buyers of securitized

products such as SIVs became distressed and failed as mark-to-market losses

increased. In the post-Lehman bankruptcy world—when liquidity was paramount—securitized

products were very difficult to trade, in part, because they were very difficult

to value.

The cessation of new asset-backed securitizations has been problematic because

banks have not had the capacity to keep credit flowing freely. This

is especially true given that bank balance sheets were already under strain—bank

capital has been depleted by credit losses and bank balance sheet capacity

has been strained by an inability of banks to securitize new loan originations

and by the need for banks to honor their off-balance sheet obligations.

For all these reasons, the Federal Reserve determined that it was important

to augment the balance sheet capacity of the financial system by supporting

the ABS market. This was the purpose of the TALF. By providing

non-recourse, term financing for new AAA-rated consumer asset-backed securities

to investors, the TALF essentially provides the balance sheet capacity necessary

to facilitate the continued flow of credit to households and businesses.

The TALF offers three attributes that the private sector has had difficulty

providing during this time of financial and economic distress: 1) leverage

to purchase highly-rated, low-risk assets, 2) term financing and 3) protection

against very adverse economic outcomes. TALF loans are leveraged—haircuts

against the AAA-rated collateral average about 10%; the loan terms are three

or five years; and the loans are non-recourse, which means that if the economy

performs very badly and the securities fall sharply in value, an investor can

put the collateral that secures its TALF loan back to the Fed, only losing

the collateral haircut. The loan is then extinguished.

Because term, non-recourse financing is not readily available from the private

sector currently and the spreads on asset-backed securities remain elevated,

TALF provides an opportunity for investors to purchase AAA-rated consumer asset-backed

securities and earn relatively high returns. Although some observers

are concerned by the prospect of TALF investors achieving relatively high returns,

I think that concern is misplaced. Investor participation is absolutely

essential in order for the TALF to improve the availability of credit and to

bring down the cost of credit for households and business. The prospect

of relatively high expected risk-adjusted returns is precisely what gives investors

an incentive to participate in the program. As investors begin to take

advantage of the attractive TALF terms, spreads on ABS securities contracts,

and rates of return go down, and most importantly, the costs of funds for the

issuers of the underlying securities falls. Investors’ actions

to seek attractive returns lead to lower borrowing costs for households and

businesses.

Does the possibility of attractive returns for TALF investors mean that the

Federal Reserve is taking on large credit risks? I think the answer

is a clear “no,” principally because the returns earned by investors

primarily are due to the absence of sufficient private balance sheet capacity

rather than underlying credit risk. In fact, from the Federal Reserve’s

perspective, the risk of loss is very low. Indeed, there are three layers

of protection that stand between the Federal Reserve and losses.

First, the underlying securities are AAA-rated, which means that losses on

the underlying loans have to be unusually large to move that high up in the

capital structure. And although some of the rating agency models

have not held up well in the crisis, the consumer ABS models have proven to

be reasonably robust. In other words, a AAA-rating still means quite

a bit in this market. This is in contrast to the collateralized debt

obligation or CDO market , where AAA-rated securities often used subprime and

Alt-A mortgage loans as their raw ingredient.

Second, as noted earlier, the Fed has taken additional haircuts against the

underlying securities averaging about 10%. These haircuts provide additional

protection to the Fed.

Third, if the underlying collateral is put back to

the Fed, the Fed puts the collateral into a special purpose vehicle. In such

a situation, the Fed would be protected by the excess spread earned on the

TALF loans and Treasury-provided TARP capital. Only if those buffers were wiped

out, would the Fed suffer losses.

We have done stress simulations on the underlying loans. We think it

is unlikely that the Treasury will lose money on this program, and it sits

ahead of the Fed in terms of its loss exposure. The risk posed to the

Federal Reserve therefore seems quite remote. Instead, we expect that

the program will be profitable for the taxpayers and will be successful in

pushing down yields and increasing credit availability.

Turning from the issues of design and risk to issues concerning implementation

and effectiveness, we have been rolling the TALF out in stages—first

the consumer ABS market, with the first subscriptions for TALF loans in March;

second, new CMBS securitizations that will start in early summer; and third,

legacy CMBS and, possibly legacy RMBS, later this summer.

By legacy assets, we mean highly-rated existing securitized assets that are

already outstanding. The legacy TALF program will help support asset-backed-securities

prices. This should help aid market liquidity and make financial firms

that hold such assets less vulnerable to the risk of further losses.

So far, the evidence indicates that the program is working as designed.

First, the issuance of consumer ABS securities has been gradually reviving.

In March, four deals came to market worth $8.3 billion. In April, there

were another 4 deals worth $2.9 billion. In May, there were 8 deals worth

$13.6 billion and this week, there were 13 deals worth $16.4 billion. We’re

not back yet to the $200 billion annual rate of issuance before the crisis

and we don’t expect to get there, but we are making a good start. Moreover

the type of deals has broadened out to include a wide range of asset classes.

For example, this month’s deals included credit card, auto loan and lease,

equipment leasing, insurance premium and mortgage servicer securitizations.

Second, the market for such deals is not wholly reliant on TALF financing. TALF

loans have accounted for a bit more than half of total issuance volume of ABS,

with considerable variability from subscription to subscription period. We

view this as a good thing. This means that the TALF is helping to restart

the market, rather than the TALF being the market.

Third, and most importantly, spreads on consumer ABS have been coming down

sharply from their peak levels reached late last year. For example,

the spreads on AAA-rated credit card ABS have narrowed from a peak of about

600 basis points over LIBOR to slightly above 200 basis points currently. Encouragingly,

spreads of even lower-rated ABS—securities that are not TALF eligible—have

also narrowed quite significantly. Although it is still too early to

say the TALF has been a resounding success, we at the Fed are encouraged by

the results so far.

While we are generally pleased with how the TALF program has been evolving,

many challenges remain. One challenge is in striking the appropriate

balance between sufficient protections against abuse of the program, on the

one hand, and a degree of red tape and restrictions that could make the program

unattractive to issuers and investors, on the other. To the extent

that issuers and investors are unwilling to participate in TALF because of

fears that their involvement might lead to unforeseen complications at a later

date, this would lead to the unattractive outcome of underutilization and the

achievement of only a portion of the potential benefits.

Of course it is of critical importance in this facility and in all the programs

instituted in response to this crisis that the interests of the taxpayer be

protected, and the safeguards and restrictions on the use of TARP funds are

designed to achieve this. However, I think it is fair to say that

TALF got off to a relatively slow start because investors were worried that

the use of TARP funds in TALF could restrict their ability to conduct their

business activities more broadly, perhaps in unanticipated ways and potentially

retroactively. Put simply, to the extent that the use of TARP monies

creates stigma, this may limit the effectiveness of TALF and other programs

that use TARP funds. Although we think these fears among market

participants that use TALF are misplaced, such anxieties have had an impact

on the program.

Another challenge faced by the TALF is to increase the participation of real

money investors (such as mutual funds, pension funds and insurance companies),

many of whom are not permitted to use leverage. We at the Fed are working

through a number of highly complex issues to enable the creation of vehicles

that will make it easier for a broader range of investors to have access to

financing for ABS securities. The broader the investor base, the greater

the demand for the securities, the lower the yield levels and the greater

the improvement in credit availability.

The rollout of TALF to the Commercial Mortgage Backed Securities market this

summer will be important in determining the overall success of the program. The

revival of the CMBS market is essential to stabilizing the commercial real

estate market. As you know, commercial real estate values are under

pressure for several reasons. Capitalization rates have climbed significantly,

reducing commercial real estate valuations. In addition, the income generated

from commercial property has diminished due to the contraction in overall economic

activity. If the availability of funding for this market is not

restored, the downturn in commercial real estate valuations and the losses

for the holders of these assets will be greater. This will, in turn,

likely further constrain credit availability.

A revival of the CMBS market is also important to accommodate the demand for

funds to refinance commercial mortgage loans that will be coming due over the

next few years. If the CMBS market remains shut down, it is unclear

where these funds will come from. After all, in recent years, the CMBS

market has satisfied about 40% of the credit needs of the commercial mortgage

sector. If this market is closed, then the refinancing of maturing mortgages

will be exceedingly difficult and this will exacerbate the drop in commercial

real estate prices, loan defaults and the pressure on bank capital.

Finally, I want to consider briefly whether TALF will turn out to be a band-aid—providing

temporary support to otherwise defunct securitization markets—or a bridge

to an ultimately revived and vital securitization market. I think it

is too soon to reach a firm conclusion one way or the other. I suspect

that we will discover that some parts of the securitization market will return

and prove viable even without government support. But other parts

of these markets were fundamentally flawed, and they will not survive, nor

should they.

On a positive note, the fact that there has been an increase in investor demand

for consumer ABS that does not use TALF financing is an encouraging sign. This

indicates that more traditional investor classes, such as pension funds and

insurance companies that don’t usually use leverage, are starting to

stick a toe in the water. However, it is hard to believe that there will

not be significant changes to the structure of this asset class in the wake

of the recent crisis.

So what are some of the changes that I foresee or otherwise feel are required?

First, there needs to be a better alignment of incentives between the lenders

and securities dealers that originate and securitize the loans and the investors

that purchase these securities. One suggestion that has received significant

attention is for banks to retain a portion of the securitization on their balance

sheets. The notion is that with “some skin in the game,” those

making the loans will show greater due diligence in terms of the underwriting

standards applied to the underlying loan originations. In some ways,

the TALF program is already facilitating this outcome, with the highly-rated

AAA-rated securities sold to investors and the lower-rated tranches generally

retained by the issuers.

Second, I suspect that investors will become less reliant on the rating agencies—conducting

more due diligence themselves.

Third, I believe there will be a greater focus

among investors on standardized, homogeneous, easy-to-evaluate products. This

will improve the underlying liquidity of securitizations, which should result

in lower lending costs and should make the assessment of the risk of the assets

easier.

Fourth, I think the overall securitization market will be smaller. The

demise of parts of the shadow banking system such as the SIVs and the fact

that banks are likely to have to consolidate some off-balance activities back

onto their books at the end of this year should reduce the overall demand for

and supply of securitized product.

Developing and implementing the TALF has been challenging. As the program

enters into a new phase with the financing of CMBS and legacy CMBS, we will

encounter further hurdles that we will have to overcome, adjusting and modifying

the program as needed in order to make it more effective. Nevertheless,

I am confident that we will continue to build on our initial success, reopening

credit channels to consumers and businesses.

Thank you very much for your attention.

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