What to do about the lockup of discretion in securitized loan pools
I
heard one interesting suggestion – if residential loans just can’t be
handled reasonably within the trusts, then the federal government could condemn
all of the mortgages held in RMBS and restructure them however the government
believes is appropriate. The trusts could then take the condemnation
proceeds (after how much litigation on value?) and distribute them to their
investors pursuant to the loan documents. This is a lunatic idea
with a ton of problems. But somehow, in light of what is coming out
of Washington every day, it is seeming less and less crazy to me.
Marshall
Prof.
Marshall Tracht
Director, Graduate Real Estate Programs
New York Law School
57 Worth Street
New York, N.Y. 10013