Market Currents
Wednesday, October 28, 2009
10:15 AM
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House Financial Services Committee signs off (49-14) on legislation aimed at ratings agencies, including barring them from consulting for companies they're also rating, and requiring raters to have outsiders on their boards. The bill also enables investors to sue firms for failing to carry out their duties.
This news story has 2 comments:
For example, in the aftermath of the housing crisis, Congress has rushed new legislation into effect that forces all appraisals to be "independent" and, much more importantly, allows appraisers to be sued directly, whereas previously they were protected by lenders. This all sounds so noble, but, what it does, of course, is to ensure that all appraisers lowball appraisals, in order to protect themselves. The net result is that homes are now routinely appraised below sales-contract prices, thereby crippling ability to get financing and killing numerous real estate sales. Just what we need (not)!
Similarly, allowing raters to be sued will merely result in them automatically lowering ratings to ensure that nobody can claim they "overrated" a company of bond. This will have the effect of raising yields industry wide.
As usual, government "solutions" are much worse than the disease.
At worst, some people can't get financing for their homes.
In return, we avoid horrible financial crises when all of those AAA rate mortgages go bust.