AUTHORITY.
IN GENERAL.If the Secretary establishes the program authorized under section 101, then the Secretary shall establish a program to guarantee troubled assets originated or issued prior to March 14, 2008, including such mortgage-backed securities.
GUARANTEES.In establishing any program under this subsection, the Secretary may develop guarantees of troubled assets and the associated premiums for such guarantees. Such guarantees and premiums may be determined by category or class of the troubled assets to be guaranteed.
EXTENT OF GUARANTEE.Upon request of a financial institution, the Secretary may guarantee the timely payment of principal of, and interest on, troubled assets in amounts not to exceed 100 percent of such payments. Such guarantee may be on such terms and conditions as are determined by the Secretary, provided that such terms and conditions are consistent with the purposes of this Act.
REPORTS.Not later than 90 days after the date of enactment of this Act, the Secretary shall report to the appropriate committees of Congress on the program established under subsection (a).
PREMIUMS.
IN GENERAL.The Secretary shall collect premiums from any financial institution participating in the program established under subsection.
Such premiums shall be in an amount that the Secretary determines necessary to meet the purposes of this Act and to provide sufficient reserves pursuant to paragraph (3).
AUTHORITY TO BASE PREMIUMS ON PRODUCT RISK.In establishing any premium under paragraph (1), the Secretary may provide for variations in such rates according to the credit risk associated with the particular troubled asset that is being guaranteed. The Secretary shall publish the methodology for setting the premium for a class of troubled assets together with an explanation of the appropriateness of the class of assets for participation in the program established under this section. The methodology shall ensure that the premium is consistent with paragraph (3).
MINIMUM LEVEL.The premiums referred to in paragraph (1) shall be set by the Secretary at a level necessary to create reserves sufficient to meet anticipated claims, based on an actuarial analysis, and to ensure that taxpayers are fully protected.
ADJUSTMENT TO PURCHASE AUTHORITY. The purchase authority limit in section 115 shall be reduced by an amount equal to the difference between the total of the outstanding guaranteed obligations and the balance in the Troubled Assets Insurance Fund.
TROUBLED ASSETS INSURANCE FINANCING FUND.
DEPOSITS.The Secretary shall deposit fees collected under this section into the Fund established under paragraph (2).
ESTABLISHMENT.There is established a Troubled Assets Insurance Financing Fund that shall consist of the amounts collected pursuant to paragraph (1), and any balance in such fund shall be invested by the Secretary in United States Treasury securities, or kept in cash on hand or on deposit, as necessary.
PAYMENTS FROM FUND.The Secretary shall make payments from amounts deposited in the Fund to fulfill obligations of the guarantees provided to financial institutions under subsection (a).
It seems to me that this section provides a means for institutions to get rid of their troubled assets through this insurance program so they do not have to comply with the provisions of this act that relate to direct sales or sales by auction or other means.
posted by Rick at September 29, 2008It seems that the Treasury department will purchase the troubled assets and insure them. We have a conflict by having the holder of the debt and the insurer being the same entity. Would it not be better to have the government as the insurer of last resort, insuring the debt or mortgage for a premium paid both by the debt-holder and the debtor? This would spread some of the risk between the government and the issuing institution.
posted by Bill at September 29, 2008WOULD SOME ONE DESCRIBE IN DETAIL WHAT A TROUBLE ASSET IS...? WHO WILL MAKE THAT DETERMINATION...? ARE THERE VARIOUS TYPES / GRADES OF TROUBLE ASSETS...? HOW MUCH RISK..GIVE ME A NUMBER... A TARGET 20% 100%--SOME ONE SHOULD QUANTIFY ALL OF THE ABOVE ... RIGHT..?
SHOULD NOT THE FIX PROCESS BE DONE BY AN INDEPENDENT PANEL OUT SIDE THE BELT WAY WITH APPROPRIATE EXPERTISE-- IE ACADEMIA...?..
I am pleased to see that they limited the payment to no more than 100%; without that clarification, we could really be in trouble [of course, this is facetious because we already are].
posted by Julie Stucky at October 2, 2008"... and to ensure that taxpayers are fully protected" - I'm confused; can someone please explain to me how this is protecting the taxpayer???
posted by Julie Stucky at October 2, 2008The plan should not include a guaranty of monthly payment by the Government to the Note holder, since what incentive will the investor have in spending money to bill and possibly collect the monthly payment from the homeowner when the government check for that missed payment will come in anyway? Meanwhile, the homeowner stops making any attempt at payment and lives rent free.
posted by Jack Logan at October 2, 2008