Wednesday, September 20, 2017 4:42:15 PM
100 % spot on!
FDIC has to honor and NOT violate the "Safe Harbor" rule. As such, WMI was not required to capitalize WMB. WMI was a Financial Holding Company and as such was outside the reach of FDIC.
All assets / ongoing income within these SPE / Trust that are classified as True Sales are untouchable by the FDIC.
In Secruitizations:
Involves sequential transfer of title. Originator / Sponsor -> Intermediary SPE / Depositor -> SPE / Trust.
Just imagine the volume of loans that may have been signed off by WMB (originator / sponsor) to a WMI wholly owned subsidiary that were never in turn signed off on to the SPE / Trusts. This broken chain of transferring ownership was not uncommon. Legal title could be claimed by WMI as it's wholly owned SPE would be last in stop of legal title.
Clearly a mess that the FDIC does not want to further muddy the waters.
So yes, too many eyes.
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