Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-wg55d Total loading time: 0 Render date: 2024-05-12T18:13:24.194Z Has data issue: false hasContentIssue false
This chapter is part of a book that is no longer available to purchase from Cambridge Core

18 - US residential-mortgage transfer systems: a data-management crisis

from PART IV - DATA OPERATIONS IN FINANCIAL INSTITUTIONS

John Patrick Hunt
Affiliation:
UC Davis School
Richard Stanton
Affiliation:
University of California
Nancy Wallace
Affiliation:
University of California
Dilip Krishna
Affiliation:
Deloitte & Touche, LLP
Get access

Summary

Introduction

The residential mortgage and mortgage-backed security (RMBS) markets in the USA are very large, and their operational practices have been deeply implicated in the continuing financial crisis. The systems in place to manage, monitor, store, and analyze the huge volumes of data associated with these markets have not kept pace with the rapid financial developments that have occurred in the last few decades, leaving the legal status of the market increasingly unclear, and leading to many data-related problems that have exacerbated the situation for millions of borrowers who either have lost or are about to lose their homes. Levitin (2010) discusses several examples, including questions regarding the following points.

  1. • Numerous failures of financial institutions with a primary focus on residential lending.

  2. • Widespread allegations of mispricing of mortgages and mortgage-backed securities.

  3. • The validity of the mortgage chain of title in the securitization process, which could potentially cause MBS holders to be unable to go after collateral in the event of a default (see also Hunt et al., 2012).

  4. • The effect of the use of the Mortgage Electronic Registration System (MERS) on the legal status of the mortgages underlying MBS (see also Hunt et al., 2012).

  5. • Whether investors will be able to “put-back” to banks securitized mortgages on the basis of breaches of representations and warranties about the quality of the mortgages.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2014

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Acharya, V. and M., Richardson, 2010, Causes of the financial crisis, in Critical Review, Routledge, Volume 21, 195–210.Google Scholar
American Law Institute, 1997, Restatement (Third) of Property: Mortgages.
Barth, M. E. and W. R., Landsmen, 2010, How did Financial Reporting Contribute to the Financial Crisis, Working Paper, Stanford Graduate School of Business, forthcoming, European Accounting Review.Google Scholar
Berndt, A., B., Hollifield and P., Sandas, 2012, The Role of Mortgage Brokers in the Subprime Crisis, Working paper, Carnegie Mellon University and NBER.Google Scholar
Brueckner, J. K., 1994, Borrower mobility, adverse selection and mortgage points, Journal of Financial Intermediation, 3, 416–441.CrossRefGoogle Scholar
Case, K. E. and R. J., Shiller, 1987, Prices of single family homes since 1970: New indexes for four cities, New England Economic Review September/October, 45–56.Google Scholar
Case, K. E. and R. J., Shiller, 1989, The efficiency of the market for single family homes, American Economic Review, 79, 125–137.Google Scholar
Chari, V. V. and R., Jagannathan, 1989, Adverse selection in a model of real estate lending, Journal of Finance, 44, 499–508.CrossRefGoogle Scholar
Downing, C., D., Jaffee and N., Wallace, 2009, Is the market for mortgage-backed securities a market for lemons?Review of Financial Studies, 22, 2457–2494.CrossRefGoogle Scholar
Dunn, K. B. and C. S., Spatt, 2005, The effect of refinancing costs and market imperfections on the optimal call policy and the pricing of debt contracts, Real Estate Economics, 33, 595–617.CrossRefGoogle Scholar
Florey, K. J., 2009, State courts, state territory, state power: Reflections on the extraterritoriality principle in choice of law and legislation, Notre Dame Law Review, 84, 1058–1134.Google Scholar
Gatzlaff, D. H. and D. R., Haurin, 1997, Sample selection bias and repeat-sales index estimates, Journal of Real Estate Finance and Economics, 14, 33–50.CrossRefGoogle Scholar
Gatzlaff, D. H. and D. R., Haurin, 1998, Sample selection and biases in local house value indexes, Journal of Urban Economics, 43, 199–222.CrossRefGoogle Scholar
Goetzmann, W. and L., Peng, 2006, Estimating house price indexes in the presence of seller reservation prices, Review of Economics and Statistics, 88, 100–112.CrossRefGoogle Scholar
Hayre, L. and A., Rajan, 1995, Anatomy of Prepayments: The Salomon Brothers Prepayment Model, Working paper, Salomon Brothers.Google Scholar
Heckman, J., 1979, Sample selection bias as a specification error, Econometrica, 47, 153–162.CrossRefGoogle Scholar
Huizinga, H. and L., Vaeven, 2009, Accounting Discretion of Banks During a Financial Crisis, Working Paper, International Monetary Fund.Google Scholar
Hunt, J. P., R., Stanton and N., Wallace, 2012, All in One Basket: The Bankruptcy Risk of a National Agent-Based Mortgage Recording System, Working Paper, University of California at Berkeley, forthcoming, U.C. Davis Law Review, 46.Google Scholar
Hwang, M. and J., Quigley, 2003, Selectivity, quality adjustment and mean reversion in the measurement of house values, Journal of Real Estate Finance and Economics, 28, 161–178.Google Scholar
Laux, C. and C., Leuz, 2009, Did Fair-Value Accounting Contribute to the Financial Crisis, Working Paper no. 266/2009, ECGI, forthcoming, Journal of Economic Perspectives.Google Scholar
Levitin, A. J., 2010, Robo-signing, chain of title, loss mitigation, and other issues in mortgage servicing, Hearing Before the Subcommittee on Housing, and Community Opportunity of the House Financial Services Committee, 111th Congress, November 18, 2010.Google Scholar
Meese, R. and N., Wallace, 1991, Nonparametric estimation of dynamic hedonic price models and the construction of residential housing price indices, AREUEA Journal, 19, 308–332.CrossRefGoogle Scholar
Mian, A. and A., Sufi, 2009, The consequences of mortgage credit expansion: Evidence from the U.S. mortgage default crisis, Quarterly Journal of Economics, 124, 127–145.CrossRefGoogle Scholar
Ng, J. and T. O., Rusticus, 2011, Banks' Survival During the Financial Crisis: The Role of Financial Reporting Transparency, Working Paper, MIT Sloan School of Management.Google Scholar
Peterson, C.L., 2010a, Foreclosure, subprime mortgage lending, and the Mortgage Electronic Registration System, Inc., University of Cincinnati Law Review, 78, 1359–1407.Google Scholar
Peterson, C. L., 2010b, Two faces: Demystifying the Mortgage Electronic Registration System's land title theory, Working Paper, University of Utah School of Law, forthcoming, Real Property Probate & Trust Law Journal.Google Scholar
Pizante, L., M., Rappaport, J., Patterson and A., Sheffield, 2012, Foreclosure in California: A crisis of compliance, Working Paper, Aequitas, forthcoming, Real Property Probate & Trust Law Journal.Google Scholar
Powell, R. and P. J., Rohan, 2011, Powell on Real Property, Matthew Bender and Company, New York.Google Scholar
Rosinia, N., 2012, How “reasonable” has become unreasonable: A proposal for rewriting the lasting legacy of Jackson v. Indiana, Washington University Law Review, 89, 673–703.Google Scholar
Rothschild, M. and J., Stiglitz, 1976, Equilibrium in competitive insurance markets: An essay on the economics of imperfect information, Quarterly Journal of Economics, 90, 629–650.CrossRefGoogle Scholar
Spiceland, J. D., J. F., Sepe and M. W., Nelson, 2011, Intermediate Accounting, McGraw-Hill Irwin, New York.Google Scholar
Stanton, R., 1996, Unobservable heterogeneity and rational learning: Pool-specific versus generic mortgage-backed security prices, Journal of Real Estate Finance and Economics, 12, 243–263.CrossRefGoogle Scholar
Stanton, R. and N., Wallace, 1998, Mortgage choice: What's the point?Real Estate Economics, 26, 173–205.CrossRefGoogle Scholar
Stanton, R. and N., Wallace, 2009, Dynamic House Price Indices: Foundations for a New Estimator, Working Paper, University of California at Berkeley.
United States Supreme Court, 1997, Idaho v. Coeur d'Alene Tribe of Idaho.

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×