As I'm sure everybody already knows yesterday the US experienced the second largest bank failure in our history as IndyMac was seized by the FDIC and OTS.  One of the first public statements by the OTS was to blame Chuck Schumer a member of the Senate banking committee a letter he sent to them with concerns about the financial stability of the bank, causing a run, which caused the bank to go under.

"The immediate cause of the closing was a deposit run that began and continued after the public release of a June 26 letter to the OTS and the FDIC from Senator Charles Schumer of New York [that] ... expressed concerns about IndyMac's viability," the agency said.

Schumer immediately responded:

"If OTS had done its job as regulator and not let IndyMac's poor and loose lending practices continue, we wouldn't be where we are today," said Schumer, a Democrat from New York. "OTS should start doing its job to prevent future IndyMac's.

Lately, I've found it hard to agree with much of what Senators or Congressmen have done, but I've squarely in Schumer's court on this one.  The OTS and FDIC have been completely asleep at the wheel throughout this crisis putting bank depositors and US tax payers in harms way.  IndyMac has very clearly been an insolvent institution for some time and the only way they have been able to survive is by substantially increasing their deposit base the last year through offering someone the highest rates in the nation. Like a gambling addict that's found themselves substantially in the hole (due to massive bad loans), they continued to take loans (deposits) in order to try and gamble their way out of the crisis.  The FDIC and OTS are there to prevent this type of behavior that creates massive risks to the entire system, not support it. Where have the damn regulators been?

Of course the OTS made the standard claim:

"This institution failed today due to a liquidity crisis," OTS Director John Reich said.

Again, this is a bunch of bull, seriously everytime I here the regulators, politicians or journalists referring to these types of situations as liquidity crisis it makes me sick.  It's not a liquidity crisis, it's a solvency crisis.  Even by the FDIC's own admission the closure requires $4-8B of their funds.  Doesn't that imply IndyMac's liabilities are far and away in excess of their assets, yes that's the definition of being insolvent, not illiquid. 

Guess who's going to end up footing the bill for all of this, yes the US tax payer and the longer the regulators stand around twiddling their thumbs letting the risk takers continue to try and gamble their way out of problems the higher that bill is going to be and the greater the risk for a true financial collapse.  While the regulators are now trying to cover their own asses I actually applaud Schumer for forcing some action, whatever his intentions might have been.

 

13 Comments on IndyMac Fight: Schumer vs. The OTS and a Rant

JUL
12
2008
283,862 Points 13 Featured Posts Outside Blog

I agree with you....someone need's to take a pro-active attitude and  do something about this whole entire housing mess.

4:25pm • #1
51 Featured Posts

I've been wondering this for a long time now.  A lot of tools are already in place to handle these things, but they aren't being handled.

4:28pm • #2
1,088,513 Points 57 Featured Posts

Yeah, seriously they've been preparing for this or should have prepared for this for a while, why else hire 150 extra FDIC personel including bringing people out of retirement.  I've closely watched a lot of regional banks since the subprime crisis began over a year ago and can honestly say that some of them every week that goes by without regulatory action I'm shocked.  They are so far over the edge, creating additional risk to the whole system, bank system, depositors, tax payers.

4:32pm • #3
237,624 Points 11 Featured Posts Localism Sponsor Outside Blog Hit Router

"where have the damn regulators been."

 

I too would like to know. I get so livid thinking about this mess! Matt, I do enjoy reading your take on all the financial issues today. I don't comment often but I do enjoy your writing!

4:35pm • #4
583,991 Points 34 Featured Posts Localism Sponsor Outside Blog Hit Router

I can see both sides of this.  Obviously, IndyMac had a BIG problem and it was only a matter of time.  But, Chuck's comment made it happen right then.  It likely would be happening soon anyway, but both might be technically correct.

4:38pm • #5
245,967 Points 3 Featured Posts Outside Blog

Matt,

Couldn't agree with you more. IndyMac's shares have been dropping like a rock for some time, so even shareholders knew the end is coming. Schumer just forced the regulators to take action, because otherwise they probably would've been sitting around another while.

4:44pm • #6

Indymac and many other banks issued those NINJA loans (No Income No Job or Assets) - and they are responsible for their own failures.

4:50pm • #8
1,088,513 Points 57 Featured Posts

Michael,

You are correct that Schumer and the lack of the oversight the banking and finance committees have shown is a major factor.  I guess I'm aplauding him for FINALLY taking some action while everybody else is sitting on their hands, even though I'm pissed he didn't do it long ago.

4:54pm • #9

It's typical of Congress to be reactive as opposed to proactive .... it's management by crisis.

4:57pm • #10
3 Featured Posts

   You and I both know that nothing will be changed until after the election...no one in government wants to say or do anything that might cause a needed change for our country. It's going to be a long fall and winter....

5:13pm • #12
JUL
13
2008
1 Featured Post

I agree with the last post regarding the election. My husband thinks he should run "laugh" and wants to put everyone in the country on the dave ramsey budgeting program. www.daveramsey.com.

I agree it works..if we saved a bit and didn't spend more than we make because our generation has to have everything right now no matter their maturity level, our country might be better off.

12:02pm • #13
JUL
15
2008
487,508 Points 84 Featured Posts Localism Sponsor Outside Blog Hit Router

I agree it is a solvency issue and not liquidity.  I absolutely feel what Schumer did was irresponsible and borderline criminal.  It is like yelling fire in a theater.

12:51pm • #14
JUL
27
2008

The problem isn't the banking regulators, the problem is the fractional reserve system.  Banks are a confidence scheme, so what Sen Schumer did was completely irresponsible.

Anonymous
9:22pm • #15

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Matt Heaton

Bothell, WA

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