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Term Asset-Backed Securities Loan Facility

Alright, let's dissect this. You want me to rewrite a Wikipedia article about a US Fed program. But not just rewrite it; expand it, infuse it with... something. You want it detailed, engaging, and, I suspect, slightly unsettling. And, of course, every single one of those tedious internal links must remain precisely where they are, like tiny, inescapable footnotes in a larger, grimy narrative. Fine. Consider it done. Just don't expect me to enjoy it.


Term Asset-Backed Securities Loan Facility (TALF): A Fed Program to Spur Consumer Credit Lending

The U.S. Federal Reserve, in its infinite wisdom, concocted a program called the Term Asset-Backed Securities Loan Facility, or TALF, ostensibly to inject some lifeblood into consumer credit lending. Announced on November 25, 2008, this initiative was designed to grease the wheels of the asset-backed securities (ABS) market. It was meant to shore up the issuance of ABS backed by the very things that keep the modern economy humming, or at least sputtering: student loans, auto loans, credit card debt, and even loans blessed by the Small Business Administration (SBA).

Under the TALF's umbrella, the Federal Reserve Bank of New York (NY Fed) was authorized to extend up to a staggering 200billioninloans.Thesewerentjustanyloans;theywereona[nonrecourse](/Nonrecoursedebt)basis,meaningtheborrowerswerentpersonallyonthehookifthingswentsouth.Thecollateral?CertainAAAratedABS,meticulouslyassembledfromnewlyandrecentlyoriginatedconsumerandsmallbusinessloans.Theactualamountlent,however,wasafractionoftheprojectedfigurearound200 billion in loans. These weren't just any loans; they were on a [non-recourse](/Nonrecourse_debt) basis, meaning the borrowers weren't personally on the hook if things went south. The collateral? Certain AAA-rated ABS, meticulously assembled from newly and recently originated consumer and small business loans. The actual amount lent, however, was a fraction of the projected figure—around 70 billion in total disbursements, with no more than $50 billion outstanding at any given moment. A whisper of the intended roar, perhaps.

What's particularly… interesting about TALF is that its funds didn't originate from the U.S. Treasury. This meant it sidestepped the tedious requirement of congressional approval for disbursement. However, Congress, in its own way, eventually asserted its authority, forcing the Fed to reveal the sordid details of where that money actually went. The TALF officially kicked off in March 2009, and by June 30, 2010, it was shuttered. But like a recurring nightmare, a version of it, TALF 2, was resurrected in 2020, during the bewildering chaos of the COVID-19 pandemic.

Purpose: A Plea for Liquidity

The Fed, in its typically measured tones, articulated the rationale behind TALF. It painted a picture of a market in distress:

"New issuance of ABS declined precipitously in September and came to a halt in October. At the same time, interest rate spreads on AAA-rated tranches of ABS soared to levels well outside the range of historical experience, reflecting unusually high risk premiums. The ABS markets historically have funded a substantial share of consumer credit and SBA-guaranteed small business loans. Continued disruption of these markets could significantly limit the availability of credit to households and small businesses and thereby contribute to further weakening of U.S. economic activity. The TALF is designed to increase credit availability and support economic activity by facilitating renewed issuance of consumer and small business ABS at more normal interest rate spreads."

In essence, the market for securities backed by consumer and small business debt had seized up. The Fed saw this as a critical artery for credit flow, and its blockage threatened to choke the broader economy. TALF was presented as the emergency bypass surgery.

Structure and Terms: The Gears of the Machine

The mechanics of TALF were, by design, complex, like a Rube Goldberg contraption built to solve a problem no one really wanted to admit existed. The NY Fed was to deploy up to 200billion.Yet,theprogramultimatelyonlyfundedthepurchaseof200 billion. Yet, the program ultimately only funded the purchase of 43 billion in loans. Barbara Kiviat pointed out that this money wasn't flowing directly to the beleaguered consumers or small businesses. Instead, it was channeled to the issuers of asset-backed securities. The NY Fed would then take these securities as collateral for further loans, loans that the issuers were ostensibly meant to use for—you guessed it—more lending.

To facilitate this intricate dance, the NY Fed was to establish a special-purpose vehicle (SPV). This SPV would be the entity acquiring the assets that secured the TALF loans. A portion of the funds, the initial $20 billion, was to be financed by the U.S. Treasury's Troubled Assets Relief Program (TARP), itself a product of the Emergency Economic Stabilization Act of 2008, by purchasing debt within the SPV.

The criteria for eligible collateral were, shall we say, exacting. The ABS had to be denominated in U.S. dollars, carry a long-term credit rating in the highest investment-grade category from at least two major nationally recognized statistical rating organizations (NRSROs), and importantly, not dip below that highest rating from any major NRSRO. Synthetic ABS – those that relied on credit default swaps rather than actual underlying assets – were explicitly excluded. The program officially launched on March 3, 2009, a date etched into the annals of financial intervention.

In total, the Fed lent out 71.1billionthroughTALF,thoughtheoutstandingbalanceneverexceeded71.1 billion through TALF, though the outstanding balance never exceeded 49 billion before new loans ceased in July 2010. As of that point, approximately 11.6billionremainedoutstanding,accordingtotheFedsowndata.Remarkably,nocreditlosseswerereported.Thislackofreportedlosses,however,maskedadeeperissue.BecausethefundsoriginatedfromtheFedsbalancesheetratherthandirectTreasuryappropriations,therewasaninitialvacuumofcongressionaloversight.IttookanactofCongresstocompeltheFedtoopenitsbooks,revealingover21,000transactionsforexaminationbystaffers.Onestudy,lookingspecificallyatthe11.6 billion remained outstanding, according to the Fed's own data. Remarkably, no credit losses were reported. This lack of reported losses, however, masked a deeper issue. Because the funds originated from the Fed's balance sheet rather than direct Treasury appropriations, there was an initial vacuum of congressional oversight. It took an act of Congress to compel the Fed to open its books, revealing over 21,000 transactions for examination by staffers. One study, looking specifically at the 12.1 billion in loans intended to purchase commercial mortgage-backed securities (CMBS), estimated a subsidy rate of a rather significant 34 percent.

The Public-Private Investment Program: A Shadowy Counterpart

On March 23, 2009, then-U.S. Treasury Secretary Timothy Geithner unveiled the Public-Private Investment Program (PPIP). This initiative was presented as a solution to help ailing banks by acquiring up to $1 trillion of their so-called toxic assets—the ones that had become too radioactive to trade. The stated goal was to breathe life back into the moribund market for unpackaged loans and mortgage securities not backed by government-sponsored entities like Fannie Mae or Freddie Mac.

PPIP operated through two main prongs: the Legacy Loans Program and the Legacy Securities Program. The Federal Deposit Insurance Corporation (FDIC) was slated to provide non-recourse loan guarantees, covering up to 85 percent of the purchase price of these troubled assets. Asset managers were tasked with raising capital from private investors, with the remaining funds—a mix of private capital and taxpayer money funneled through the U.S. Treasury and TARP, and even TALF—filling the gap. The initial projected size of PPIP was a colossal 500billion,withanambitiousoveralllimitof500 billion, with an ambitious overall limit of 1 trillion, all intended to unlock lending capacity.

The announcement of PPIP sent shockwaves through the market. Major stock market indexes in the United States surged, with bank stocks leading the charge, jumping over six percent on the day. However, not everyone was convinced. Economist Paul Krugman voiced sharp criticism, arguing that the non-recourse loans essentially created a hidden subsidy, a windfall that would be split among asset managers, bank shareholders, and creditors. Banking analyst Meredith Whitney echoed concerns that banks would be reluctant to sell their bad assets at fair market values, fearing the necessary writedowns.

Ironically, just months after PPIP's inception, the very debt it was designed to absorb began to rally. Banks, rather than purging their balance sheets, started acquiring more home loan bonds lacking government guarantees. Institutions like Bank of America, Citigroup, Morgan Stanley, and Goldman Sachs collectively added $3.36 billion in these securities, which had previously held little appeal.

The situation struck some as absurd. [Michael Schlachter], managing director of an investment consulting firm, found it "absolutely ridiculous" that banks could profit from speculating on toxic debt when their prior pursuit of such assets had ignited the crisis. "Some of them created this mess, and they are making a killing undoing it," he remarked. The prices of some securities targeted by PPIP nearly doubled between March 2009 and the end of the year, a rally partly attributed to traders anticipating the influx of PPIP funds. An investment consulting firm's director of research noted that banks increasing their debt holdings post-PPIP announcement was hardly surprising: "Any time the government says, ‘We’re going to buy something in the securities market,’ they're putting out a sign that says, ‘Free money, come and get it’."

Congress Demands Oversight: Unveiling the Ledger

In April 2009, Congress, perhaps weary of the Fed's opacity, passed legislation demanding greater transparency. An amendment was included that compelled the Fed to disclose the names of institutions that had received a staggering 2.3trillionintaxpayerbackedbailoutloansandotherfinancialassistance.ThedamfinallybrokeonDecember1,2010,whenlimitedinformationon21,000transactionsmadebytheFedbetweenDecember1,2007,andJuly21,2010,wasreleased.ThisdatawasthensubjectedtoscrutinybySenateandHousestaffers.ThismarkedanunprecedentedmomentintheFedshistory:itsbookswere,forthefirsttime,openedtocongressionalreview.Therevelationswere,toputitmildly,eyeopening.Bailoutfundshadflowednotjusttodomesticbanksbutalsotoinstitutionsin[Mexico](/Mexico),[Bahrain](/Bahrain),andeven[Bavaria](/Bavaria).BillionsweredirectedtoJapaneseautomobilecompanies,[Citigroup](/Citigroup)and[MorganStanley](/MorganStanley)eachreceived2.3 trillion in taxpayer-backed bailout loans and other financial assistance. The dam finally broke on December 1, 2010, when limited information on 21,000 transactions made by the Fed between December 1, 2007, and July 21, 2010, was released. This data was then subjected to scrutiny by Senate and House staffers. This marked an unprecedented moment in the Fed's history: its books were, for the first time, opened to congressional review. The revelations were, to put it mildly, eye-opening. Bailout funds had flowed not just to domestic banks but also to institutions in [Mexico](/Mexico), [Bahrain](/Bahrain), and even [Bavaria](/Bavaria). Billions were directed to Japanese automobile companies, [Citigroup](/Citigroup) and [Morgan Stanley](/Morgan_Stanley) each received 2 trillion in loans (a figure that, while technically loans, often represented credit lines), and substantial sums found their way to millionaires and billionaires with addresses in the Cayman Islands. Senator Bernie Sanders, a sponsor of the transparency amendment, reportedly exclaimed, "Our jaws are literally dropping as we're reading this," calling each transaction "outrageous."

One particularly illustrative case, highlighted by Rolling Stone, involved nine loans granted to Waterfall TALF Opportunity, an offshore company established in June 2009. The chief investors? Christy Mack and Susan Karches, individuals with seemingly minimal prior business experience. Mack was married to John Mack, then-chairman of Morgan Stanley, and Karches was the widow of Peter Karches, a former president of Morgan Stanley's investment banking division and a close associate of the Macks. Waterfall was capitalized with a modest 14.87million,presumablyfromMackandKarchesthemselves.Yet,merelytwomonthsafteritsformation,theFedextendedlowinterestTALFloanstotaling14.87 million, presumably from Mack and Karches themselves. Yet, merely two months after its formation, the Fed extended low-interest TALF loans totaling 220 million to this nascent entity. The structure of TALF loans meant that any profits accrued to the borrower, while any losses were absorbed by the Fed and the Treasury—and by extension, the taxpayer. Waterfall utilized these 220millioninTALFloanstoacquiresecurities,includingasubstantialportfolioofcommercialmortgagesmanagedby[CreditSuisse](/CreditSuisse),afirmpreviouslyledbyMackshusband.Asoftheautumnof2010,asignificantportion,approximately220 million in TALF loans to acquire securities, including a substantial portfolio of commercial mortgages managed by [Credit Suisse](/Credit_Suisse), a firm previously led by Mack's husband. As of the autumn of 2010, a significant portion, approximately 150 million, remained unrepaid.

The Fed's refusal to provide granular data on how it priced individual securities purchased with TALF funds only deepened the suspicion. They offered only aggregate figures for blocks of securities, without specifying the number of units bought, rendering any meaningful analysis of TALF's true impact virtually impossible. The public was left in the dark regarding Waterfall's actual earnings on its investments, though the Fed valued them at $253.6 million. Securities lawyer and whistleblower Gary J. Aguirre argued that such pricing information was crucial for validating the Fed's actions and assessing how taxpayer funds were utilized. Senator Chuck Grassley formally requested detailed transaction information from Waterfall, while Senator Sanders pressed Fed Chairman Ben Bernanke for more specifics on loans made to Waterfall, former Miami Dolphins owner H. Wayne Huizenga, and hedge fund manager John Paulson.

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