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...
Sometimes you have to get a “maybe” before you can get a “yes.” That’s apropos of the long path to acceptance of new methods in well-established markets with well-worn channels and dominant players. Auto finance has presented such a challenge, but, finally, Fintech has made inroads. Below, we look at how Fintech is disrupting auto financing and refinancing and transforming the market in multiple...
Davis+Gilbert recently attended the Benzinga Cannabis Capital Conference, where the most significant and influential industry participants met to discuss the opportunities and challenges of funding growth in the cannabis industry. Joseph Cioffi moderated a discussion regarding the experience of Real Estate Investment Trusts (REITs) and the outlook for financing and regulations.
Investors and lenders focused on environmental, social and governance (ESG) principles will find opportunities for “green” financing in cannabis, but risk abounds as the truthfulness of ESG claims and disclosures are on the SEC’s radar. Last month the SEC put out a proposed rule that if adopted could lead to increased climate-related disclosures for companies subject to SEC oversight. While...
The third year of the pandemic brings with it questions of when normalization might occur in subprime auto lending and securitization. All eyes are on supply shortages, which have kept used vehicle prices in the stratosphere, and inflation, which could cause consumers financial distress. With these issues in mind, in a recent article in Structured Credit Investor, we compared Credit Chronometer’s...
