[DOCID: f:1997_per.spec21.wais]
[Analytical Perspectives, Budget of the United States Government,
Fiscal Year 1997]
[Page 285-292]
From the Budget of the U.S., FY 1997 Online via GPO Access
[wais.access.gpo.gov]
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21. LOAN ASSET VALUATION
Introduction
In compliance with the report language accompanying the Treasury-
Postal Appropriations Act of 1996 (P.L. 104-52), this chapter reviews
the Government-wide potential for loan asset sales. It summarizes the
Government's loan asset sales in the 1970s and 1980s, describes the
current budgetary scoring of loan asset sales, and enumerates the agency
loan asset valuation data requested by OMB for this analysis. The
following section reviews the value of Government loan assets and
identifies factors to be used in reviewing potential sale opportunities.
The final section describes ongoing loan asset sales, and assesses loan
programs' potential for profitable sale to the private sector.
This evaluation of the Government's loan portfolios has identified a
number of programs that could potentially be sold to private investors
at no cost or a profit to the Treasury. Loan asset sales are not
recommended on a large scale, as in prior years, in part because costs
to the Government often exceed returns. This is now reflected in
budgetary scoring rules enacted as part of the Federal Credit Reform Act
of 1990 (FCRA).
Previous Loan Asset Sales
1970s to mid-1980s. Federal direct loan assets were sold to the public
producing over $40 billion in proceeds in the 1970s and early 1980s. In
these sales, a guarantee by the selling agency (recourse) was often
attached. After the sale, the loan was held privately but the risk of
default in the recourse sales remained with the Government. In some
cases, the Federal agency sold securities [called participation
certificates (PC's) or certificates of beneficial ownership (CBO's)]
that were backed by loans that the agency continued to hold and service.
1987-1990. During the late 1980s, a series of pilot loan asset sales
were undertaken, resulting in the sale of nearly $25 billion of Federal
loan assets. In the President's 1987 budget, the pilot program was first
proposed, with the following four objectives: (1) improve credit
management; (2) obtain administrative savings; (3) identify subsidies;
and (4) reduce the short-term deficit.
Loan asset sales were seen as a tool for improving public sector
credit management. Asset sales provided an incentive for agencies to
improve loan origination and documentation, because loans could be sold
at a higher price if screening and documentation met private sector
standards. Sales also provided information on the condition of loan
portfolios, revealing areas of improvement for servicing of agencies'
remaining portfolios. Second, loan asset sales allowed the Government to
reduce its administrative costs by transferring servicing and collection
to the private sector. Third, non-recourse sales of new loans provided
information regarding the subsidies of Federal credit programs. The
difference between face value and selling price (net of transaction
costs) was the Government's subsidy cost. Finally, loan asset sales
generated proceeds to increase budgetary offsetting collections in the
year of the sale.
The sale of Education, HUD, USDA, and VA loan assets produced gross
proceeds of $5.6 billion in 1987, $8.2 billion in 1988, and a total of
$10.5 billion in 1989 and 1990. However, the cost to the Government of
these sales was substantial, with sale proceeds averaging less than 90
percent of the present value of the Government's cash flows. Improved
management of the unsold portfolios was expected to partially offset
losses resulting from the loan asset sales. [CAB note: these were the "old" sales in '87-'88, before; credit reform and before Hamilton]
Budgetary Scoring of Loan Sales
Prior to 1987, loan asset sales were treated as offsets to agency
outlays (equivalent to loan repayments) for purposes of budget scoring.
Thus, sale proceeds were permitted to offset increased spending. Despite
the fact that asset sales might result in a present value loss to the
Government (due to the loss of future cash flows), sale proceeds were
allowed to offset spending in the year in which the sale occurred.
Amendments to Gramm-Rudman-Hollings (GRH) in 1987 allowed only those
proceeds from routine and ongoing sales established prior to 1987 to
offset spending, or to offset the deficit for the purposes of sequester
calculations. Thus, newly proposed loan sales could not be considered as
an offset to spending for budgetary scoring purposes because such sales
were not viewed as reducing the structural deficit.
Under the Federal Credit Reform Act, loan asset sales are treated as
modifications that change the cost of the loan or guarantee, and are not
undertaken unless budget authority has been provided for any positive
subsidy cost of the sale. The 1996 Budget Resolution (Sec. 206 of H.Con.
Res. 67) confirmed this budgetary treatment of loan sales under credit
reform.
As modifications, the credit reform subsidy cost of a loan asset sale
is the difference between the Government's currently estimated net
present value (NPV) of the remaining cash flows under the terms of the
existing loan contract (the ``expected'' value), and the net proceeds
from the loan sale. The result of this calculation can be positive,
negative, or zero. If the estimate is positive, i.e., the expected value
to the Government is greater than the loan sale proceeds, budget
authority must be provided to cover the additional subsidy cost
resulting from the sale. A negative estimate would indicate that the
Government is achieving a savings from
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the sale, and a receipt in the amount of the ``negative subsidy'' is generated from the sale. An estimate of zero would indicate that the modification will not change the cost to the Government, and budgetary resources would not change.
If the loan assets sold prior to 1990 had been scored under credit
reform, not only would the sale proceeds not have been available to
offset spending in the year of the sale, but an appropriation would have
been required to cover the loan modification cost for those loans sold
below the Government's expected value. By scoring loan sales as
modifications, agency actions are subject to greater scrutiny by
Congress and OMB. This scrutiny prevents costly sales, and encourages
and gives credit to agencies for sales that save Federal resources.
The FCRA definition of subsidy cost specifically excludes
administrative costs and any incidental effects on government receipts
or outlays. For loan sales, this means that effects on Federal
administrative costs and incidental changes to interest on the public
debt are excluded from the subsidy cost calculation. For some agencies,
loan sales would produce savings from reduced administrative (personnel)
costs for loan servicing, management, and delinquent debt collection.
Although not scorable for budgetary purposes, these savings should be
considered when evaluating the total effect of a loan sale; they would
lower the agency's future administrative expense requests. For other
agencies, selling loan assets would relieve staff of the administrative
burden of loan servicing, allowing them to be redirected to other
programs. Although this would not produce savings from a reduction of
personnel, it could serve to enhance the mission of the agency.
Potential for Further Loan Asset Sales
The recent success of HUD loan asset sales has sparked renewed
interest in Government-wide sales. In the Treasury-Postal report
language, the conferees directed OMB ``... to direct, and coordinate
with, the Federal agencies involved in credit programs to evaluate the
value of their credit programs ... and develop a plan for the
privatization of such credit programs.''
In response to this request, for all direct loans, loan guarantees,
and defaulted loans that were previously guaranteed and have resulted in
loans receivable, OMB requested that agencies provide (1) the face value
of loans outstanding as of September 30, 1995, (2) the currently
expected cash flows to the Government, and (3) estimated cash flows to
the private sector (if those loan assets were sold). To calculate
whether the sale of these loans would result in an estimated net saving
to the Treasury, for each loan portfolio when possible, the net present
value of the Government's remaining cash flows were compared to the NPV
of the expected cash flows to the private sector, adjusted for the
private sector's administrative costs and the transaction costs of a
loan asset sale. The private sector's servicing costs must be included
as a factor in estimating the market value that they would be willing to
pay for a given stream of cash flows, because these costs are not
included in the Government's cash flows. The transaction costs take
account of the difference between the gross and net proceeds to the
Government. Expected cash flows to the Government were discounted at the
rate on Treasury securities of comparable maturity to the remaining
portfolio maturity, as required by Sec. 502(5) of the Federal Credit
Reform Act. As discussed below, expected cash flows to the private
sector were discounted by the appropriate private sector rate. Table 8-1
contains the Government's expected cost of new loans and its outstanding
portfolio.
To allow for the comparison of the value of different types of loan
assets, OMB asked agencies to divide outstanding portfolios into two
categories: substantially performing and non-performing. Substantially
performing loans were current or delinquent less than 90 days as of
September 30, 1995. Non-performing loans were those delinquent for 90
days or more. In addition, agencies were asked to provide information on
the Government's administrative costs.
This analysis is subject to severe limitations because of its broad
scope, the short time period for collecting and analyzing data,
financial systems constraints in obtaining data, and the difficulty of
estimating private sector valuation of loan assets. As a result, this
report serves only to identify loan programs which show potential for
loan asset sales or which clearly cannot be sold to the private sector
without substantial financial and/or public policy costs to the
Government. While the analysis narrows the field of potential candidates
for loan asset sales, further analysis is planned to identify the
potential benefit of asset sales in the remaining programs.
Private Sector Valuation of Federal Loan Assets
The value of Federal loan assets to the Government and private sector
may differ substantially. Some costs, such as subsidized interest, are
valued similarly by the Government and private investors. Other non-
contractual expected costs may be valued very differently. For example,
given their relative efficiencies and collections tools, the Government
and private investors may have dramatically different estimates of
future defaults and recoveries. Before deciding to bid on Government
loan assets, the private investor must adjust the expected value to the
Government for the investor's higher discount rate, expected efficiency
gains, and the cost of servicing loan assets.
Discount Rate
When the Government provides a loan, it contracts to receive a stream
of payments of principal, interest, and often fees. It also expects to
experience defaults. The ``value'' of this loan to a potential private
sector investor is the present value of the expected net cash
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flow to the private sector, where the discount factor is the private sector
discount rate. This rate will be higher than the Government's discount
rate for at least four reasons: a higher cost of funds, private sector
risk aversion, desire for liquidity, and information requirements.
discount rate, is higher than the Government's discount rate, which
is the rate on Treasury securities of comparable maturity to the
outstanding loan. Therefore, even before adjusting for risk,
liquidity, and information concerns, the private sector's discount
rate for valuing loan assets will always be higher than the
Government's.
default estimates for loan assets. Investors are usually considered
risk averse; that is, they would prefer to receive $90 with
certainty than to receive $100 with a default probability
distribution for which the mean is 10%. Because the amount received
could be less than $90 in the latter case, private investors will
require a premium to compensate for bearing this risk. The
Government has no counterpart for this cost; it incurs outlays only
if defaults are actually higher.
is not very liquid. Unlike U.S. Treasury securities, for example,
investors cannot count on being able to sell the loan assets they
purchase quickly and at an attractive price. They require a premium
to compensate for this illiquidity.
Federal loan assets. Because the Federal programs have different
rules, documentation, and collateral, investors must devote
considerable time to acquiring information about potential
investments. These are not standard commercial loans, and the
Government's documentation methods differ significantly from
private entities'. Investors look for systematic and predictable
cash flows as shown by accurate historical records of the
portfolio's delinquency, default, and recovery experiences, which
Federal agencies are often not able to provide. Investors require a
premium to compensate for these information costs.
These costs can never be eliminated, but small reductions in premiums
could be expected if investors became more familiar with Federal loan
assets and if the liquidity of their market improved.
Efficiency Gains
Although the private sector will use a higher discount rate than the
Government, the net cash flow to the private sector may be larger. It is
generally felt that the private sector is more efficient at loan
servicing and collection. For example, the loss rate on private
commercial loans is much lower than the loss rate on Government business
loans.
Such comparisons, however, are difficult at best. In many ways,
Government loans are fundamentally different from private sector loans,
and comparing the two without taking into account their differences is
misleading. For example, the Government often functions as a lender of
last resort and makes loans to less creditworthy borrowers than would a
private lending institution. In addition, the terms of Government loans,
such as lower down payments or less restrictive underwriting criteria
than required in the private sector, may result in higher defaults.
Finally, other characteristics of Government lenders, such as
willingness to practice substantial forbearance, may increase both the
administrative and default costs.
A portion of the difference in default costs is certainly due to these
differences between public and private sector loans. A portion of the
difference may also be due to the Government's relative inefficiency.
Private firms' profit motive creates the incentive for the private
sector to be more efficient than the public sector in performing common
tasks. However, for some programs, the Government's superior collection
tools, such as the IRS Tax Offset, may counterbalance private sector
productivity gains.
Decision to Purchase Government Loan Assets
Private investors, bidding on Government loan assets, will take into
account the Government's expected future losses and make assessments as
to how much they can reasonably expect to lower these losses. The amount
possible will depend upon how much more efficient the investors expect
to be at performing the required tasks.
Whether the value of the loan asset to the private investor exceeds
the value to the Government depends on: (1) the difference in discount
rates; (2) the private sector's expected efficiency gains; (3) the
private sector's administrative costs; and (4) the loan asset sale
transaction costs. Because the private sector discount factor is higher
than the Government's, the value of the loan asset to a private sector
investor will be lower than the value to the Government for a given set
of cash flows. On the other hand, because the investor expects to reduce
default costs below those of the Government, the investor's valuation of
the loan asset may be greater, because expected cash flows will be
higher.[CAB note: what Hamilton did was give investors better information so that they realized that (2) and (3) were higher than the would otherwise have realized and actually reduced (4) through improved marketing/digital access]
Finally, for the Government to receive sale proceeds greater than its
expected value, these proceeds must be greater than the Government's
expected value after sale transaction costs are paid. Therefore, the
private investor's productivity gains must not only cover its higher
discount rate and servicing costs, but must also allow for payment of
the sale transaction costs. These can be substantial, and include the
cost of a financial advisor and the costs of issuance.
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Identifying Loan Assets for Possible Sale
Decision Analysis
The Treasury/Postal conferees directed OMB to identify those loan
assets which can be sold at a gain to the Government. Based on past
sales experience and the review of the Government's current portfolio,
OMB believes that a percentage may be sold at a net profit to the
Government. The preliminary data recently received from the agencies
will allow OMB to begin the process of identifying which sales would
benefit the Government. The following framework allows for the
identification of those loan programs for which sales may result in a
net profit, or other type of gain, and develops a method for identifying
those programs which may merit further analysis. This framework also
outlines factors which would discourage private investors from offering
at least the Government's expected value for certain loan assets. If
loan assets are only to be sold at no cost or a ``profit'' to the
Government, loan portfolios with these characteristics should not be
considered further for loan asset sales.
Factors which May Lead to the Decision to Sell Federal Loan Assets
Efficiency in Administration of Loan Portfolio. If an agency has a
dramatically expanding loan volume or a surge in defaults, it has
several options for avoiding a reduction in its servicing and
liquidation capabilities, including: continuing to hold the loans and
requesting additional staff for administration; attempting to administer
the loans with current staff levels; contracting to the private sector
for servicing; requiring guaranteed lenders to work out the loans they
originate; and selling the loans. With declining staff levels in many
agencies, a loan sale in these cases may produce benefits for the
Government apart from any immediate ``profit'' from the sale. That is,
even if these loans are sold at the Government's expected value, the
selling agency might guard against deterioration in its loan servicing
and liquidation capabilities.
In programs where defaults surge briefly or are expected to grow in
the future, pilot loan sales may help the Government make decisions
concerning whether to add resources for program administration or sell
the loans. For example, recent dramatic growth in certain Federal
guarantee programs is expected to lead to large defaults in the near
future. Unless steps are taken soon, current administrative resources
may be insufficient to continue to adequately service these loan
portfolios. Testing the market, by selling loan assets in a pilot
program before the expected increase in defaults occur, could help the
Government decide whether it is more efficient to add more debt
collection staff and upgrade current financial systems, to contract out
loan servicing, or to sell defaulted loans.
Best Use of Federal Staff. Selling loans could prove useful for
expired programs, where no new loans are being issued, but staff time is
consumed with administration of the dwindling portfolio. Loan sales may
be warranted if current loan staff could be redirected to focus
attention on new or different lines of business that are high priorities
for the agency.
Private Sector Practices. The private sector can be expected to pursue
non-current loans more aggressively because of the profit motive. This
is part of the reason for the ``productivity gap'' referenced in the
conference report requiring this study. Where Federal loans are
inefficiently managed, or funds for management of these programs are
declining, selling loans may capitalize on the quality of servicing and
liquidating practices in the private sector, and provide a net benefit
for the Government. The recent HUD sales have shown that the private
sector is willing to pay more for loans where it believes that it can
achieve these efficiencies in servicing.
Collateral Value. Loan sales may be warranted if collateral underlies
the loan and the private sector is better at maintaining collateral
value while in inventory, can dispose of it more quickly, or expects a
higher collateral sale price. Collateral value was an important factor
in the success of the recent HUD loan sales.
Public-private Partnerships. In this era of reinvention, loan sales
foster new communication between the managers of the federally assisted
credit portfolio and the private credit market. This partnership can
serve to create new products or efficiencies that can be applied across
all credit programs. For HUD, this has meant the creation of a user-
friendly, low-cost due diligence process that, combined with the use of
computer technology, has attracted a large following of investors with
more than 200 bidders representing a wide spectrum of the financial
markets to their loan sales. This new technology can be evaluated and
the Government can assess whether it could be useful to other Federal
credit programs, or for future loan sales.
Factors which May Lead to the Decision to Hold Federal Loan Assets
Small Margin for Improvement in Default Rates. When the private sector
has little margin for improving on the Government's expected net
defaults, it would not be profitable to sell the loan asset. This
includes both programs with a low life-time default rate and seasoned
loans with few remaining expected defaults. Since investors need
substantial efficiency gains to overcome their higher discount rate,
servicing costs, and the transaction costs of the loan sale, unless the
Government expects substantial future losses, opportunities do not exist
for the private sector to obtain sufficient productivity gains. A number
of Federal programs have historical default rates of less than 5
percent. For example, the USDA's rural water and waste loans
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have expected default rates of less than one percent, leaving little room for
the private sector to improve on this expected performance.
Collection Tools. The Federal Government has a variety of collection
tools that are not available to the private sector. These tools include
the IRS Tax Offset, Federal Salary Offset, and the ability to withhold
future benefit payments (grants) and credit. Tax Refund Offset and wage
garnishment are extremely important to collections in the Federal
student loan programs. A 1987 Chemical Bank analysis of the
marketability of student loans held by the Department of Education
concluded that the portfolio of loans was more valuable to the Federal
Government than to the private sector because of the collection tools
that are only available to the Government, and because the private
market would require a deep discount due to the credit risk of these
loans. For defaulted student loans made under the health education
assistance loan program, the Federal Government can withhold Medicare
payments until a doctor's (borrower's) loan is in good standing.
For international loan programs where loans or guarantees are made to
another sovereign government, the Government has a number of tools not
available to the private sector. These tools include international
treaties and agreements that the U.S. has signed with other nations and
the ability of the U.S. to block credits from international financial
institutions to debtor nations that have not honored their debt
obligations to the U.S. For example the Brooke Amendment and Section
620(q) of the Foreign Assistance Act make countries ineligible for
certain types of foreign assistance unless they make required payments
on their related debts to the U.S.
Policy Goals of Domestic Programs. The Federal Government often uses
loans as tools to implement domestic policy objectives. In these cases,
the political goals of the program override the importance of individual
loan performance. Because of these policy goals, Federal credit agencies
often originate and service loans differently than a private financial
institution. Credit review takes secondary importance to policy
considerations, such as guaranteeing that credit is available for all
farmers or all students.
Likewise, servicing actions in these programs and decisions on
restructuring loans may be aimed at providing additional assistance to
the borrower rather than at collecting funds promptly. For example, many
farm loan contracts contain significant borrower rights that make
servicing labor-intensive. These procedures to protect the borrower
would cause private sector purchasers to discount the value of these
loan assets heavily. It would be difficult for the Government to
continue to achieve its public policy objectives unless its generous
collection and forbearance tools were continued by the private sector.
However, if the private sector continued these servicing and liquidation
policies, it would be difficult to realize the productivity gains
necessary for a private investor to purchase the loan assets at or above
the Government's expected value.
Subsidies are not necessarily limited to beneficial loan terms and
collection procedures. The Government may support the borrower by
providing extensive training, counseling, and technical support. For
example, SBA's Microlending Program avoids substantial defaults by
providing the micro-loan borrowers with the knowledge and skills they
need to successfully repay their loans. If these loans were sold, it is
not clear how the borrower-Government-investor relationship would
continue.
Foreign Policy Goals and Considerations. Foreign policy goals and
considerations affect the provision and administration of Federal credit
in that they often offer terms and conditions that are more generous
than the private sector.
In some cases, foreign policy goals could also inhibit purchases by
the private sector. For example, many loans are made to developing
countries that are perceived too risky for the extension of private
credit. This perception of risk is one of the justifications for the
development of some of the Government's international credit programs.
In other cases, the private sector might avoid credits that otherwise
would be attractive because of foreign policy sensitivities. For
example, the Department of Defense's new commercially-oriented military
export credit program was created by Congress partly because the private
sector has been reluctant to provide credit for military export
purchases.
The majority of outstanding international direct loans and loan
guarantees are sovereign; that is, they are direct loans or loan
guarantees that are to, or guaranteed by, another sovereign government.
It is unlikely that a credit to a sovereign government would have a
greater value to the private sector than to the U.S. Government. Private
sector creditors remember the international debt crisis of the 1980s,
where a number of U.S. financial institutions lost large amounts of
funds that they had extended through loans to sovereign governments in
developing countries. As a result, private creditors have since often
shied away from providing sovereign credit in most developing countries.
In addition, many of the sovereign direct loans that are outstanding to
the U.S. Government have been rescheduled in the Paris Club, an informal
group of creditor nations which agrees to extend the maturity of loans
that a debtor nation could not otherwise pay on schedule. While Paris
Club reschedulings are done in order to increase the eventual
probability of repayment, because previously rescheduled loans are
eligible for further rescheduling, the private sector often views these
loans as ``subordinate'' to those that have not been rescheduled.
Length of Loan Term. Some Federal programs have loan terms of 40-50
years. In these cases, the private market would view the extended term
as increasing the uncertainty of repayment, as well as exposing them
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to additional interest rate risk. These factors would cause the purchase
price to be discounted heavily.
Lack of Private Interest. Several factors may lead to the lack of
interest in Federal loan assets. These include: insufficient
documentation; lack of collateral pledged for the loan; inadequate
information regarding historical loan performance; and the lack of
uniform loan characteristics. In many programs, including rural
development and farm loans, portions of existing loan origination and
servicing are not automated; and, therefore, the pre-sale due diligence
costs would be high. This lack of loan information and documentation
would also inhibit a rating agency from arriving at an accurate rating
for a pool of loans.
Legal Restrictions or Other Complications. Many international loans
and guarantees have legal or contractual restrictions that would make it
difficult or impossible to sell them to the private sector. For
international loan guarantees to private borrowers, for example, the
Government pledges its ``full faith and credit'' in the contract with
the borrower and/or the lender. In these cases, the agency involved
would first have to ``buy out'' the holder of the U.S. Government
guarantee, by making a payment in lieu of responsibility for future
claims, in order to relieve the Government of the responsibility of the
original guarantee. This would be the case for the guarantee programs of
OPIC, where all loans are made to the private sector, as well as with
the non-sovereign portions of guarantees issued by Eximbank and AID.
Programs Currently Selling Loan Assets
Two programs currently sell loan assets, the Federal Housing
Administration and the Veterans Administration. As with the other
programs, these programs will be evaluated using the criteria above as
part of the ongoing analysis of loan sales.
Federal Housing Administration. FHA has been insuring mortgages since
1934. Historically, the program default stream has been relatively
predictable. However, during the 1980s weak real estate markets prompted
an unexpected surge of defaults in both the single family and
multifamily portfolios. By 1994, when the wave of defaults subsided, FHA
owned nearly 2,400 defaulted mortgages, with unpaid principal balances
of more than $7 billion, and 90,000 single family mortgages with unpaid
principal balances of almost $4 billion. This volume was so large that
it was compromising FHA's capacity to perform its other functions
(including oversight and management of the of the insured mortgages in
force), thereby making FHA more vulnerable to future losses.
In response to this large administrative burden, Congress and the
Administration approved a program to sell these HUD-held mortgages in a
series of competitive auctions and negotiated sales with state and local
housing finance agencies. These sales have been highly successful,
helping HUD reduce its inventory of mortgages, while capitalizing on the
private sector's knowledge and ability to manage defaulted loans. In an
improvement on earlier loan asset sales, the return to the Government
was increased through use of competitive bidding and computer technology
which evaluates and optimizes competing bids.
Department of Veterans Affairs. The DVA ``vendee'' loan program
provides direct loans to veteran or non-veteran purchasers of DVA-owned
real property to facilitate property sales. Nearly all of these direct
loans are pooled and sold to the public with a Government guarantee
(recourse). In 1995 total proceeds from DVA loan asset sales were $1,333
million.
Programs which Merit Further Analysis of Loan Asset Sale Potential
Small Business Administration. As a result of significant portfolio
growth since 1990, with no change in expected default rates, the SBA can
expect an increase in the number of defaulted loan guarantees which will
result in loan receivables. Further analysis is needed to determine
whether loan asset sales might be an effective tool for alleviating the
expected pressure on SBA's servicing and liquidation offices, and for
increasing recoveries. It is not clear how the private sector would
value these small business loans in comparison to the Government's
expected value. Unlike housing loans, which have uniform terms and
collateral, SBA guaranteed loans have a wide range of purposes and
varying collateral requirements.
SBA disaster loans should also be more closely reviewed to determine
whether the sale of these loans assets could result in a net gain to the
Government. Since these are fixed-rate subsidized loans, the value of
these loans assets will be sensitive to the prevailing interest rates.
Eximbank. Project finance and short-term insurance and working capital
guarantee claims are areas which merit further review. The project
finance program offers financing for the U.S. export component of major
overseas projects. While the typical pre-completion political risk
guarantee is not likely to be attractive to the private sector, the
subsequent loan or guarantee might be, particularly since the riskiest
part of the project, the construction phase, will have been completed.
The resulting savings in administrative expenses could be considerable,
since project finance tends to be a labor intensive activity. However,
these decisions would have to be made on a case-by-case basis, since
each project has a different structure and therefore a different risk
determination.
Eximbank extends between $4 and $5 billion each year in short-term
trade finance insurance, and in working capital guarantees for small
business exporters. Eximbank attempts to limit its extension of
insurance and guarantees to cases where the private sector will not
provide coverage. However, once claims are paid, the recovery of these
claims is a task where Eximbank,
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as a Government agency, may not have significant advantages over the private sector. In addition, claims recovery can be relatively labor intensive, and the sale of certain claims by Eximbank, even at a loss compared to the expected value to the Government, in certain cases might be outweighed by this gain in administrative savings.
Defaulted Guaranteed Loans and Non-Performing Loans. In addition to
reviewing the SBA and Eximbank programs specified above and analyzing
more closely the ongoing HUD and VA sales, the potential for selling
defaulted guaranteed loans and non-performing loan assets across
agencies will be examined more closely. These loans offer a special case
where efficiency gains could be large. If credit programs have low
recovery expectations on such loans, then the private sector may be
willing to offer a price higher than the Government's expected value.
Programs where Loan Asset Sales Are Not Suitable
Departments of Agriculture and Interior. Many of these loan programs
have significant borrower rights that would transfer with the loan upon
sale and would cause the proceeds to be significantly discounted. They
also often have loan terms of over 35 years. This increase in
uncertainty would be reflected in the sale price of the loans. Finally,
since most of the existing servicing is not automated, due diligence
costs would be high.
Departments of Education and Health and Human Services (HHS). The
Department of Education sold most of its low-interest college housing
and higher education facilities loans at a discount in the late 1980s. A
small number of the facilities and housing loans it still holds are in
default, and many of these schools have negotiated payment arrangements
with the Department or are in formal foreclosure proceedings, which
would preclude sale of their loans. Those housing and facilities loans
that are in good standing have extended maturities and low expected
default rates, which makes it unlikely that the private sector would be
willing to offer a price higher than the Government's expected value.
Direct student loans and defaulted guaranteed loans at Education and HHS
are uncollateralized loans, which the market would discount highly
because of the uncertainty of collection. The Departments also make
considerable use of Federal Government collection tools which are not
available to the private sector. For example, HHS' health evaluation
assistance loan program can bar defaulters from participating in the
Medicare program.
Department of Veterans Affairs. To collect on defaults in the DVA
housing loan programs, some loans are paid through allotment of DVA
benefit checks, which may not be paid to private loan holders. In
addition, DVA offers beneficial financing not available in the private
sector to help it dispose of Federal property, and DVA has invested in
loss mitigation staff dedicated to pursuing loan reinstatements and
alternatives to foreclosure.
Department of Defense. Most outstanding Foreign Military Financing
loans are to countries with which official U.S. diplomatic relations are
particularly important and sensitive. This argues against selling these
loans, particularly in cases such as Israel, where military sales are an
important component of the relationship. In addition, because of the
sensitive military nature of FMF loans, the private sector is likely to
be much less willing to acquire such loans.
USDA Foreign Agricultural Service. The primary aim of the Public Law
480 program is to provide humanitarian food assistance through low-
interest, long-term (30+ year) loans. Borrowers typically have low
credit ratings. Given the high default risk, lack of collateral, and
deep interest subsidies, it is unlikely that private investors would be
interested in purchasing P.L. 480 loan assets.
U.S. Agency for International Development (USAID). USAID's Economic
Assistance Loans (EAL) and Housing Guarantees (HG) are unlikely to be of
greater value to the private sector. EALs are: (1) sovereign and
primarily in very low-income developing countries; (2) highly
concessional; and (3) long term (30-40 year maturities). Because the
private sector does not have the leverage of the Brooke Amendment
sanctions, diplomatic pressure, or significant foreign aid funds, nor
the ability to use its experience in operating in developed financial
markets in most EAL countries, it is unlikely to have efficency gains in
collecting on these loans. HG guarantees are primarily sovereign loans
and are similar to EALs, except that they have market interest rates.
Therefore, for the reasons discussed above, they are unlikely to be
attractive to the private sector.
Overseas Private Investment Corporation (OPIC). Partly through its
agreements with the governments of the countries in which it does
business, OPIC has historically had low credit losses. In addition, each
guarantee contract carries the full faith and credit of the U.S.
Government. Given the relatively low expected cost to the Government of
these guarantees, and the relatively high price that the beneficiaries
are likely to ask in order to give up the security of the guarantee, it
is unlikely that such buy outs could be undertaken at a savings to the
Government. Because the full faith and credit contractual issue
discussed above does not apply to direct loans, it might be more
feasible to sell outstanding loans to the private sector. However,
direct loans tend to be smaller, more risky transactions, and therefore
are not likely to be attractive to the private sector.
Eximbank. The majority of Eximbank's outstanding portfolio (about 75
percent) consists of sovereign credits,
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which are very unlikely to be
attractive to the private sector because of memories in the private
sector of the international debt crisis and the possibility of
rescheduling of sovereign credits. Similarly, while Eximbank's
``traditional'' non-sovereign credits are not subject to Paris Club
rescheduling, they are still concentrated in riskier developing
countries, and are therefore subject to the same perception of risk in
the private sector.
Next Steps
In the coming months, OMB will work with credit agencies and Treasury
to form a task force to evaluate loan portfolio management. The goal of
the task force will be to review options for improving the quality and
efficiency of current practices. Options will include: achieving
efficency gains through upgrading financial systems; increasing the
staff of servicing and liquidation offices; contracting to the private
sector; requiring guaranteed lenders to work out the loans they
originate; and loan asset sales. In considering opportunities for loan
asset sales, the task force will refine the framework outlined in this
chapter. Similar to the credit performance measures framework discussed
in Chapter 8, this framework will be used to develop decision criteria
which can be applied to all loan portfolios in order to identify
programs that show portential for loan asset sales.