Any new federal credit risk retention regulations should accommodate the needs of players in niche securitization sectors, according to the American Securitization Forum (ASF).
Tom Deutsch, executive director of the ASF, New York, a securitizer group, makes the case for generosity toward securitizers of “esoteric classes of assets” in a comment letter submitted to the agencies working on the proposed risk retention regulations.
Section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 requires the regulators to develop regulations that would require securitizers to keep an economic interest in the credit risk of any asset-based security sold to another party.
Congress included the section because of concerns that mortgage lenders’ ability to transfer the risk of writing bad mortgage loans to buyers of mortgage-backed securities had helped create the credit market crisis that started in 2007.
The Dodd-Frank Act and the proposed regulations focus mainly on issues involving mortgage-backed securities and, in some sections, on securitizers of assets such as credit card receivables.
The proposed regulations do not mention life and health insurance-based securitization programs, such as programs based on catastrophic health insurance risk, annuity longevity risk or life settlement portfolios.