For the past two years, the subprime auto market has defied expectations, but 2023 is off to a cold start. Normalization is on the horizon, but when we will get there and what it will look like when we do, remains unclear. What is normal in this moment is to ask whether the performance data is a sign of deeper trouble. And if so, will the structural protections in auto ABS continue to protect...
As we learn more about FTX’s operations, speculation is slowly giving way to certainty. It’s clear FTX’s collapse will have a deep impact on the future of regulations, its bankruptcy will help create the blueprint for clawbacks in the crypto space, and potential tensions between the trustee and foreign liquidators could forge new jurisdictional law.
The course of regulatory reform in the U.S. related to digital assets is likely about to change as a result of the allegations against Sam Bankman-Fried and FTX affiliated entities in bankruptcy. Prior to FTX’s bankruptcy, and with Bankman’s support, the industry was gaining traction in promoting its own views regarding needed safeguards, including oversight and enforcement by the Commodity...
The “Location, Location, Location” mantra intended to mean the three things that matter most in real estate should be replaced by “Valuation, Valuation, Valuation.” Valuation is the foundation of a successful CMBS deal and key to setting expectations, from cash flow to recovery. It should take paramount importance in times of economic flux because when, as now, there is uncertainty and the...
As performance risk grows in consumer ABS, legal risks will ensue. To negotiate best terms and prepare for potential disputes, every investor and deal party should know the ways the law has been transformed by years of RMBS litigation. This new legal framework, which impacts when and how claims must be made in order to survive challenge, will ultimately determine who wins and who loses in any...
“Winter is coming. We know what’s coming with it." — Jon Snow, Game of Thrones, A Song of Ice and Fire
Like a car on a bridge buffeted by strong winds, subprime auto lending will be challenged on several fronts as it approaches the other side of the pandemic. Turns out, the anticipated “new normal” may involve a new framework with subprime borrowers under severe financial pressure and regulators watching underwriting, servicing and collection practices. It’s difficult to know if a market change is...
