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FHA Secure: Senators Question Credit Rating Agencies
"Changing from our present business model to an investor one, based
on a law or requirement, I think is problematic," he said in an
interview, saying that rating agencies need revenue from issuers of
mortgage debt to pay their employees competitive salaries.Sen. Charles Schumer, D-N.Y., suggested a new business model for the
rating agencies by having the existing agencies paid by investors in
securities rather than their issuers of debt. But Stephen Joynt, chief
executive of Fitch, was skeptical about that concept.The biggest rating agencies _Standard & Poor's, Moody's
Investors Service and Fitch Ratings — are under fire from critics who
say they failed to give investors adequate warning of the risks
associated with mortgage-backed securities. Those investments are now
plummeting in value as home-loan defaults soar, particularly among
borrowers with weak, or subprime, credit histories.
Lawmakers are discussing overhauling the agencies business model.
One idea, proposed by Columbia University law professor John Coffee, is
for the SEC to calculate default rates for each rating agency and make
that information public. Rating agencies that are especially inaccurate
could have their SEC recognition revoked.Several members of the Senate Banking Committee questioned rating
agency executives about whether they provided advice to investment
banks that issue complex mortgage securities tied to subprime home
loans.
WASHINGTON (AP) — Executives from major credit
rating agencies on Wednesday were accused by senators of being hampered
by conflicts of interest that may have contributed to the mortgage
market turmoil rattling investors worldwide.
"It seems to me that credit rating agencies are playing both coach and referee," said Sen. Robert Menendez, D.-N.J.
Senators were particularly concerned with a key aspect of the
agencies' business models: they get paid by the companies whose bonds
they rate. That's like a film production company paying a critic to
review a movie, and then using that review in its advertising, said
Sen. Jim Bunning, R-Ky.
The rating agencies' seal of approval effectively concealed the true
risks of those investments, lawmakers said, comparing the agencies'
lack of foresight about the risks inherent in the subprime mortgage
market with their failure to anticipate the collapse of Enron Corp. and
WorldCom.
Executives from S&P and Moody's Corp. said their methodology for
monitoring the risk of mortgage-backed bonds was sound, but also
pledged improvement.
Vickie Tillman, executive vice president of credit market services
for S&P, a subsidiary of McGraw-Hill Cos., said there is no
collaboration between S&P and investment banks that issue debt, but
acknowledged that the agency has an "open dialogue" with sellers of
mortgage securities.
The Securities and Exchange Commission has been examining whether
the rating agencies were prodded by investment banks to publish higher
ratings for mortgage securities, chairman Christopher Cox said. The
agencies are subject to SEC oversight enacted last year amid a push to
encourage more competition in the ratings business.
Also Wednesday, Moody's said it supports some mortgage-market
changes. Underwriters of mortgage securities, the company said, should
be required to use a third-party reviewer to ensure information on
loans given to investors is accurate. And Moody's said investors should
receive more information on loan performance throughout the life of a
mortgage.At the hearing, senators also wondered whether workers at rating
agencies should have a specified waiting period before they go to work
for investment banks — to avoid any incentive for bond raters to assign
overly positive ratings. Michael Kanef, a managing director at Moody's,
said his company would be willing to consider that idea.
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