The board obeys the law, not political masters. The FDIC has a
preemptive role. It regulates banks and savings and loans with the
aim of avoiding insurance claims by depositors.
When an institution becomes unsound, the FDIC can either shore it up
with loans or take it over. If it does the latter, it can run it and
then sell it as a going concern, or close it, pay off the depositors
and try to collect the loans. At times, the FDIC ends up owning
collateral and trying to sell it.
Another outcome of the scandal was the Resolution Trust Corporation
(RTC). Many savings and loans were treated as "special risk" and
placed under the jurisdiction of the RTC until August 1992. The RTC
operated and sold these institutions - or paid off the depositors
and closed them. A new government corporation (Resolution Fund
Corporation, RefCorp) issued federally guaranteed bailout bonds
whose proceeds were used to finance the RTC until 1996.
The Office of Thrift Supervision (OTS) was also established in 1989
to replace the dismantled Federal Home Loan Board (FHLB) in
supervising savings and loans. OTS is a unit within the Treasury
Department, but law and custom make it practically an independent
agency.
The Federal Housing Finance Board (FHFB) regulates the savings
establishments for liquidity. It provides lines of credit from
twelve regional Federal Home Loan Banks (FHLB). Those banks and the
thrifts make up the Federal Home Loan Bank System (FHLBS). FHFB gets
its funds from the System and is independent of supervision by the
executive branch.
Thus a clear, streamlined, and powerful regulatory mechanism was put
in place. Banks and savings and loans abused the confusing overlaps
in authority and regulation among numerous government agencies. Not
one regulator possessed a full and truthful picture. Following the
reforms, it all became clearer: insurance was the FDIC's job, the
OTS provided supervision, and liquidity was monitored and imparted
by the FHLB.
Healthy thrifts were coaxed and cajoled to purchase less sturdy
ones. This weakened their balance sheets considerably and the
government reneged on its promises to allow them to amortize the
goodwill element of the purchase over 40 years. Still, there were
2,898 thrifts in 1989. Six years later, their number shrank to 1,612
and it stands now at less than 1,000. The consolidated institutions
are bigger, stronger, and better capitalized.
Later on, Congress demanded that thrifts obtain a bank charter by
1998. This was not too onerous for most of them. At the height of
the crisis the ratio of their combined equity to their combined
assets was less than 1%. But in 1994 it reached almost 10% and
remained there ever since.
This remarkable turnaround was the result of serendipity as much as
careful planning. Interest rate spreads became highly positive. In a
classic arbitrage, savings and loans paid low interest on deposits
and invested the money in high yielding government and corporate
bonds.
Public-domain text, read in full here on John Shaqi.
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