The saga of the monoline credit insurers (MBIA, Ambac, FGIC, etc) continues to get more interesting and move faster.  What happens with these companies has an enormous impact on the credit markets, from mortgage backed securities to municipal bonds.  This week for the first time we've had some extensive failures in municipal bond auctions leaving local governments paying interest rates as high as 20% or having to shut down services.

During the congressional hearings on Wednesday, Eliot Spizer basically gave the monolines 3-5 business days to work with banks to figure out a private bailout out or face action by regulators.  The action would almost certainly involve splitting the companies in two, with one side insuring municipal bonds (the good side), and the other holding everything else (the bad side).  The bad side would pretty much immediately be downgraded to dirt and implode leaving anybody they insured out of luck.  The governments primary concern here is saving the municipal bond market which is vital to our nation.  Unbelievably, this might be one of the few times lately our government is actually putting the interests of "main street" before "wall street"

Then on Thursday a ratings agency, Moody's downgraded one of the big three bond insurers FGIC.  FGIC's response to this was to ASK to be split up in order to save the good half of their business.  Meanwhile investment banks have promised "instant litigation" in an attempt to split up the bond insurers.  Why?  That should be pretty obvious.  In a split of the bond insurers they don't get any bailout and will have to write down some pretty extensive additional losses to their holdings.  They want to force any attempt to save the municipal side of the business to bail them out as well by keeping them tied together.  Some estimates for their additional losses they could realize to this are around $200B.  

Over the next coming weeks this is going to echo in some real legal and legislative fireworks, as the interests of the investment banks are pitted against the interests of the states and local governments.

See also:

What are the Monolines and why is everybody trying to bail them out?

Oh boy, Credit Crunch round #4

Munis, monolines and Buffett's offer you "can't" refuse

Spitzer is on the war path...

Update #1:

It's now being reported by the Wall Street Journal that Ambac is is talks to split apart. 

Ambac in Talks to Split Itself Up 

Updated #2:

Bloomberg:Bond Insurer Split May Trigger Lawsuits, Analysts Say

``Despite the regulatory interest in separating the exposures, the essential fact remains that all policy holders, whether municipal or structured finance, entered into contracts backed by the entire entity,'' analysts led by Jeffrey Rosenberg in New York wrote in a note to investors dated Feb. 15. A breakup is ``likely to lead to significant legal challenges holding up the resolution of the monoline issues for years.''

 

Unfortunately the municipal bond market needs a resolution of this issue now, or there is going to be a lot more pain for local governments. 

 

13 Comments on Monoline update - Bring on the lawyers

In the middle of chaos lies opportunity. I am greatly enjoying your series, Matt.

The investment banks and large Wall Street firms are smitten with the failed auctions. Why? Because these are the same folks that underwrote the municipal debt. They now have a very effective pitch to school districts and toll road revenue bond issuers: Why pay 12% on a 4% original coupon when you can call these bonds and re-float another issue?

The hedge funds are already starting to nibble at these bonds, hoping they will be called. Could be in the final anaylsis the monoline debacle downgraded AAA bonds to A, produced a round robin of calls and generated new issues.

All to the delight of folks who get paid in fees. Will Buffet have the chance to step in?

02/16/2008 11:41 AM by Andrew J. Lenza (ABR*GRI*MBA) Monmouth County NJ Real Estate Broker (Andrew J. Lenza Realty)


Matt - your comments and explanations on the "behind the scenes" markets that affect mortgages and the economy are very educational and useful. Keep up the good work!

02/16/2008 01:13 PM by Sharon Simms St Pete Florida CRS CIPS CLHMS (RE/MAX Metro)


I also have some additional speculation of my own.  I think the investment banks will try to delay at all costs a blowup of the monolines by six weeks.  The reason is year end audited financial statements are due by March 30th.  All the quarterly statements up till now are essentially unaudited so they have been able to get away with fewer write downs.  If the blowup was to happen after March 30th a lot of the damage could be hidden until next years audited statements.

Another speculation is that the regulators, investment banks and monolines are probably burning the midnight oil over this weekend to try and craft a deal that maybe avoid some of the litigation and be more acceptable.  The investment banks will be working as hard as they can to find a structure that further allows them to hide their exposure to losses.

02/16/2008 01:23 PM by Matt Heaton (ActiveRain Corp.)


Matt, This series has been very educational for me.. I didn't even know about monolines until you first  posted. So thank you. Learning is good.

02/16/2008 02:39 PM by Bryant Tutas-Tutas Towne Realty, Inc


I'm seeing the equivalent of a cash market ahead of us. It will be brief or atleast until this end of the business reorganizes.

02/16/2008 02:55 PM by Michael Tarabotto (Certified Appraiser) Santa Clarita, San Fernando, Westside (California Appraisal Solutions Corp.)


Matt,  So true and love your line The bad side would pretty much immediately be downgraded to dirt and implode.  I didn't think about March 30th, but when you look back, it's not like the lenders didn't know earlier last year that they were going to have all of these write-downs at the end of the year.  Thanks for your insight.

02/16/2008 07:51 PM by Marc Grossman, GRI - Central Florida Real Estate Specialist (Keller Williams Premier Realty)


matt, very interesting.  I saw Spitzer on video talking to the congress.  I definitely wouldn't want to be on his bad side.  How come Buffet's advances were rejected? AJ

02/16/2008 08:16 PM by Alan 'AJ' Nisen California Contra Costa Mortgage Officer (A Large Bank in America)


AJ: Buffetts advances were rejected by the monolines because it was an all around bad deal for them.  I'm sure that he knew full well it would be rejected.  If he seriously thought they would take the deal, everything would have happened quietly behind closed doors to avoid a bidding war. 

Making the offer publically served two purposes:

1. To prod the regulators into more immediate action.

2. To make everybody (regulators, politicians, etc) aware that he might be part of the solution to the problem.

He hopes that in regulators taking action to split the companies up, he'll end up with the much of the muni side of the credit insurance industry.

02/16/2008 09:11 PM by Matt Heaton (ActiveRain Corp.)


Marc: March should be an interesting month for companies entering the confessional.  The auditors don't want to become another another Arther Anderson so they're going to force new series of write downs.  Take for instance AIG an insurance company having to confess and write down several billion in sub-prime exposure this week because their auditor refused to sign off on their balance sheet.  We're going to find out about companies nobody is expecting to have significant exposure and write downs.  There's a rumor floating around this week that Allstate is about to take write downs in the $7 Billion range on sub-prime investments.  

02/16/2008 09:20 PM by Matt Heaton (ActiveRain Corp.)


You have an amazing depth of knowledge on this.  Of course, I hope there is a sneaking fact out there that mitigates the seriousness of this whole mess...  We'll see.

02/16/2008 10:16 PM by Lane Bailey - REALTOR & Car Guy (Diamond Dwellings Realty)


Matt, I got this off one of the financial Blogs I read.  It is a powerpoint presentation using stick figures that really does show the mess that we are in. I believe the title is "The loans were Crappier than we Thought".   PowerPoint presentation.  AJ

02/18/2008 03:09 PM by Alan 'AJ' Nisen California Contra Costa Mortgage Officer (A Large Bank in America)


Matt,
how could Standard and Poor's give the monolines a tripple-A rating? AJ

U.S. stocks rallied Monday as investors found relief after Standard & Poor's affirmed its triple-A ratings for MBIA Inc. and Ambac Financial Group Inc., easing worries about the troubled bond insurers.  2/25/2008

02/25/2008 03:25 PM by Alan 'AJ' Nisen California Contra Costa Mortgage Officer (A Large Bank in America)


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Real Estate - Other: Matt Heaton (ActiveRain Corp.)
Matt Heaton
Bothell, WA
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