System for managing the total risk exposure for a portfolio of loans

• US 7,797,217 B2
• Filed: 11/28/2006
• Issued: 09/14/2010
• Est. Priority Date: 03/15/2006
• Status: Expired due to Fees

• Current Assignee: Entaire Global Intellectual Property, Inc.
• Original Assignee: Entaire Global Intellectual Property, Inc.
• Inventors: Rosen, Jonathan D., DeWitt, Robert E., Bush, Paul A., Metzger, David E.
• Primary Examiner(s): Kalinowski; Alexander
• Assistant Examiner(s): Kanervo; Virpi H
• Application Number:
  US11/564,128
• Publication Number:
  US 20080126267A1
• Time in Patent Office: 1,386 Days
• Field of Search: None
• US Class Current: 705/36.00R
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis

Abstract

A computer system for monitoring and enhancing the collateral security underlying a set of loans is provided, including a system for calculating the unsecured value of the set at any time and for initiating additional collateral enhancement instruments when the unsecured value exceeds a certain limit. The system may include a variety of modules in communication with a relational database for storing data about the loans and system elements. The computer system may also be configured to allocate, manage, and execute the waterfall or cascade of funds between and among the various participants in a financial plan. The invention also includes a structured finance plan and related methods for enhancing the collateral security of a loan obtained for a life insurance or annuity product, and a system and method for managing a portfolio of such loans in order to obtain favorable financing and to facilitate securitization.

Claims

1. A computer system for facilitating acquisition of a credit facility for a plurality of loans provided by a loan originator to one or more borrowers, the system comprising:

one or more data tables stored in a computer-readable storage medium and including data associated with one or more products comprising one or more financial instruments that employ or accomplish a form of risk transfer and have a portion or component having a potential to grow in value over time, wherein said data in said one or more data tables include a current gap value associated with each of said one or more products, said current gap value representing the difference between a premium paid and a value of each of said one or more products; and

a processor configured to execute;

a gap enhancement module configured to receive commitments associated with one or more gap enhancement instruments executed by one or more parties other than the one or more borrowers and addressing said current gap value; and

a finance module configured to;

(a) combine into a portfolio said plurality of loans, each secured by one or more of said products;

(b) calculate an aggregate risk value for said portfolio, said aggregate risk value based on said current gap value of each of said one or more products in said portfolio; and

(c) provide to a credit provider;

(i) said aggregate risk value; and

(ii) enhancement data representative of said one or more executed gap enhancement instruments and supportive of said credit facility for said portfolio of loans, having terms favorably responsive to the presence of said enhancement data.

2. The computer system of claim 1, wherein said one or more gap enhancement instruments comprise:

(a) a collateral assignment of said one or more of said products, executed by one or more parties other than the one or more borrowers in favor of said one or more borrowers;

(b) a compensation agreement between an employee of said one or more borrowers and said one or more borrowers;

(c) an agreement to postpone payment of a portion of a commission earned on a sale of one or more of said products;

(d) a rider on one or more of said products waiving a portion of a surrender fee in favor of said loan originator, said surrender fee representing an amount charged in the event said one or more of said products is surrendered or one or more of said borrowers default on one or more of said loans;

(e) an agreement to deposit funds in a reserve account, said funds representing a portion of a surrender fee, said surrender fee representing an amount charged in the event one or more of said products is surrendered or one or more of said borrowers default on one or more of said loans;

(f) an agreement by one or more parties other than the one or more borrowers, in the event of a surrender or default event, to extend a gap loan to said loan originator in an amount approximately equal to said current gap value, wherein a repayment obligation of said loan originator to said one or more parties other than the one or more borrowers is ultimately secured by a pledged asset;

or

(g) an agreement by one or more parties other than the one or more borrowers to pay a marketing allowance to said loan originator, said marketing allowance including a portion of costs associated with marketing one or more of said products.

3. The computer system of claim 2, wherein said gap enhancement module is further configured to:

(a) retrieve from said one or more data tables a current amount at risk for each of said one or more products, said current amount at risk including a premium paid;

(b) identify whether any of said one or more gap enhancement instruments already provide security for said plurality of loans; and

(c) retrieve from said one or more data tables said value of each of said one or more products, said value representing a current value of each of said one or more products, said current value based at least in part on

(i) a current net cash value of said product,

(ii) a current accumulated value of said product, and

(iii) a current collateral value of any of said identified one or more gap enhancement instruments already providing security for said plurality of loans;

(d) calculate said current gap value;

(e) compare said current gap value to a user-defined limit;

(f) if said current gap value exceeds said limit, identify and select one or more gap enhancement instruments from among said gap enhancement instruments; and

(g) update said current collateral value by combining the current collateral value of said selected one or more gap enhancement instruments with said current collateral value of said one or more identified gap enhancement instruments already providing security for said loan.

4. The computer system of claim 3, wherein said gap enhancement module is further configured to:

compare said one or more gap enhancement instruments to a set of parameters;

identify a selected gap enhancement instrument from among said one or more gap enhancement instruments, said identification based upon said set of parameters; and

generate for execution said selected gap enhancement instrument.

5. The computer system of claim 4, wherein said set of parameters comprises:

(1) a relative value of each of said one or more gap enhancement instruments;

(2) a net cost of executing each of said one or more gap enhancement instruments;

or

(3) an ease of obtaining each of said one or more gap enhancement instruments.

6. The computer system of claim 3, further comprising:

an accounts management module in communication with said gap enhancement module and said finance module, said accounts management module being executable by said processor and configured to;

(a) retrieve payment data including details about payments received for said plurality of loans;

(b) maintain a list of instructions in one or more of said data tables, said list of instructions based on one or more contractual agreements established between and among entities related to said portfolio of loans;

(c) authorize distribution of funds, based on said payment data, according to said list of instructions; and

(d) store in one or more of said data tables an auditable record of said authorization of said distribution of funds.

7. The computer system of claim 6, wherein said accounts management module is further configured to:

prioritize said list of instructions according to said one or more contractual agreements such that said authorization of said distribution of funds is executed according to said prioritization.

8. The computer system of claim 6, wherein said list of instructions comprises:

amounts due to one or more of said entities;

cash reserve amounts to be maintained in one or more reserve accounts; and

escrow amounts to be maintained in one or more escrow accounts.

9. The computer system of claim 3, further comprising:

a plan administration module in communication with said gap enhancement module and said finance module, said plan administration module being executable by said processor and configured to;

calculate a loan interest paid amount on each of said plurality of loans during a period, said loan interest paid amount based on the data stored in one or more of said data tables; and

generate a report related to each of said plurality of loans, said report based at least in part on said data, said report including said calculation of loan interest paid, recommendations about accounting related to the loan under GAAP, and a number of calendar days each of said one or more products has been in-force during said period.

10. The computer system of claim 9, wherein said plan administration module is further configured to:

calculate an amount of a current death benefit reduction to be applied to one of said one or more products, said current death benefit based on data stored in one or more of said data tables, said data including a current interest rate, a forecasted product yield, a hard minimum and maximum death benefit, a hard minimum and maximum death benefit, tax guidelines, product requirements, surrender costs, and a past death benefit reduction already applied to said one of said one or more products;

generate a notice to entities related to said plurality of loans, said notice including the amount of said current death benefit reduction and a date upon which it should be applied; and

record the amount of said current death benefit reduction in one or more of said data tables associated with said one of said one or more products.

11. The computer system of claim 10, wherein said plan administration module is further configured to:

calculate the amount of said current death benefit reduction based at least in part on said updated current collateral value for one or more of said plurality of loans, such that said reduction provides a improved degree of protection for said selected one or more gap enhancement instruments.

12. The computer system of claim 11, wherein said selected one or more gap enhancement instruments comprises an asset of the borrower pledged as collateral for one or more of said loans.

13. The computer system of claim 3, wherein said user-defined limit comprises at least one of:

(a) a specific dollar amount;

(b) a ratio of selected values related to said one or more products;

or

(c) a percentage of a premium outlay associated with said one or more products.

14. The computer system of claim 3, wherein said gap enhancement module further comprises:

a cash value tool executable by said processor and configured to calculate said current gap value; and

a compare tool executable by said processor and configured to identify and select said one or more gap enhancement instruments based upon a set of parameters.

15. The computer system of claim 14, wherein said set of parameters comprises at least one of:

(1) a relative value of each of said one or more gap enhancement instruments;

(2) a net cost of executing each of said one or more gap enhancement instruments;

or

(3) an ease of obtaining each of said one or more gap enhancement instruments.

16. The computer system of claim 1, wherein said terms are more favorable than would be available for an individual loan selected from said plurality of loans.

17. The computer system of claim 1, wherein said finance module is further configured to:

calculate an aggregate yield for said portfolio, based on a yield for each loan in said portfolio; and

provide said aggregate yield to said credit provider for a purpose of obtaining and maintaining said credit facility.

18. The computer system of claim 17, wherein said finance module is further configured to:

provide said aggregate risk value, said enhancement data, and said aggregate yield to an investment bank, wherein said aggregate risk value, said enhancement data, and said aggregate yield are of sufficient quality to support an issuance of asset-backed security interests in said portfolio of loans, said asset-backed security interests being suitable for trading in the capital markets to multiple investors.

19. The computer system of claim 18, further comprising:

a trading module executable by said processor and in communication with said gap enhancement module and said finance module, said trading module configured to manage one or more trading transactions involving said asset-backed security interests.

20. The computer system of claim 1, wherein said finance module is further configured to:

provide said aggregate risk value and said enhancement data to a loan purchaser, wherein said aggregate risk value and said enhancement data are of sufficient quality to permit said loan purchaser to issue a variable funding note to finance a purchase of said portfolio of loans by said loan purchaser; and

coordinate said purchase of said variable funding note by a VFN purchaser.

21. The computer system of claim 1, wherein said finance module is further configured to:

establish a bankruptcy-remote special purpose entity, wherein said aggregate risk value and said enhancement data are of sufficient quality to permit said bankruptcy-remote special purpose entity to receive said portfolio of loans in a true sale transaction sufficient to enhance a creditworthiness of said portfolio of loans.

22. The computer system of claim 1, wherein said finance module is further configured to:

provide said aggregate risk value and said enhancement data to an investment bank, wherein said aggregate risk value and said enhancement data are of sufficient quality to permit an issuance of asset-backed security interests in said portfolio of loans, said asset-backed security interests suitable for trading in the capital markets to multiple investors.

23. The computer system of claim 1, said computer system further comprising:

a network; and

a communications controller capable of transmitting said aggregate risk value over said network.

24. A computer program product, comprising a computer-readable storage medium having an executable program code stored thereon, wherein said program code instructs a processor to perform steps for facilitating acquisition of a credit facility for a plurality of loans provided by a loan originator to one or more borrowers, said steps comprising:

A) accessing one or more data tables and distinct software modules, wherein said data tables are located on a data storage system and include data associated with one or more products comprising one or more financial instruments that employ or accomplish a form of risk transfer and have a portion or component having a potential to grow in value over time, and wherein said distinct software modules comprise a finance module, a gap enhancement module, and a computer program module;

B) combining into a portfolio said plurality of loans secured by one or more of said products, wherein said combining is performed by said finance module in response to being called by said computer program module;

C) calculating an aggregate risk value for said portfolio, said aggregate risk value based on a current gap value stored in said one or more data tables, said current gap value representing the difference between a premium paid and a value of each of said one or more products, wherein said calculating is performed by said finance module in response to being called by said computer program module;

D) receiving commitments associated with one or more gap enhancement instruments executed by one or more parties other than the one or more borrowers and addressing said current gap value, wherein said receiving is performed by said gap enhancement module in response to being called by said computer program module; and

E) providing to a credit provider;

(i) said aggregate risk value; and

(ii) enhancement data representative of said one or more executed gap enhancement instruments and supportive of said credit facility for said portfolio of loans, having terms favorably responsive to the presence of said enhancement data; and

wherein said providing is performed by said finance and gap enhancement modules in response to being called by said computer program module.

25. A computer system for facilitating acquisition of a credit facility for a plurality of loans provided by a loan originator to one or more borrowers, said system comprising:

A) means for combining into a portfolio said plurality of loans secured by one or more products comprising one or more financial instruments that employ or accomplish a form of risk transfer and have a portion or component having a potential to grow in value over time;

B) means for calculating an aggregate risk value for said portfolio, said aggregate risk value based on a current gap value, said current gap value representing the difference between a premium paid and a value of each of said one or more products;

C) means for receiving commitments associated with one or more gap enhancement instruments executed by one or more parties other than the borrowers and addressing said current gap value; and

D) means for providing to a credit provider;

(i) said aggregate risk value; and

(ii) enhancement data representative of said one or more gap enhancement instruments and supportive of said credit facility for said portfolio of loans, having terms favorably responsive to the presence of said enhancement data.

26. A computer system for facilitating acquisition of a credit facility for a plurality of loans provided by a loan originator to one or more borrowers, said system comprising:

one or more data tables including data associated with one or more insurance products purchased by said one or more borrowers using proceeds of one or more of said plurality of loans, said one or more insurance products naming one or more employees of said one or more borrowers as an insured, wherein said data in said one or more data tables include a current gap value associated with each of said one or more insurance products, said current gap value representing the difference between a premium paid and a value of each of said one or more insurance products; and

a processor configured to execute;

a gap enhancement module configured to;

(a) retrieve from said one or more data tables a current amount at risk for each of said one or more insurance products, said current amount at risk including said premium paid;

(b) identify whether one or more gap enhancement instruments executed by one or more parties other than the one or more borrowers and addressing said current gap value already provide security for said plurality of loans;

(c) retrieve from said one or more data tables said value of each of said one or more insurance products, said value representing a current value of each of said one or more insurance products, said current value based at least in part on

(i) a current net cash value of each of said one or more insurance products,

(ii) a current accumulated value of each of said one or more insurance products, and

(iii) a current collateral value of any of said identified one or more gap enhancement instruments already providing security for said plurality of loans;

(d) calculate said current gap value;

(e) compare said current gap value to a user-defined limit for each of said one or more insurance products;

(f) if said current gap value exceeds said user-defined limit for a deficient one of said one or more insurance products, identify and select one or more gap enhancement instruments from among said one or more gap enhancement instruments, said selected one or more gap enhancement instruments comprising;

(i) a rider on said deficient one of said insurance products waiving a portion of a surrender fee in favor of said loan originator, said surrender fee representing an amount charged in the event said deficient one of said insurance products is surrendered or one or more of said borrowers defaults on one or more of said loans;

(ii) an agreement to deposit funds in a reserve account, said funds representing a portion of a surrender fee, said surrender fee representing an amount charged in the event said deficient one or more of said insurance products is surrendered or one or more of said borrowers defaults on one or more of said loans;

or

(iii) an agreement by one or more parties other than said one or more borrowers, in the event of a surrender or default event, to extend a gap loan to said loan originator in an amount approximately equal to said current gap value, wherein said loan originator'"'"'s obligation to repay said gap loan is secured by a pledged asset; and

(g) receive commitments associated with said selected one or more gap enhancement instruments for said deficient one of said one or more insurance products; and

a finance module configured to;

(i) combine into a portfolio said plurality of loans each secured by one or more of said insurance products;

(ii) calculate an aggregate risk value for said portfolio of loans, said aggregate risk value based on said current gap value of each of said one or more insurance products in said portfolio;

(iii) receive enhancement data representative of execution of said selected one or more gap enhancement instruments by one or more parties other than said one or more borrowers;

(iv) provide to a credit provider said aggregate risk value and said enhancement data; and

(v) provide to an investment bank said aggregate risk value and said enhancement data, wherein said aggregate risk value and said enhancement data are of sufficient quality to permit an issuance of asset-backed security interests in said portfolio of loans, and wherein said asset-backed security interests are suitable for trading in the capital markets to multiple investors.

27. The computer system of claim 26, said computer system further comprising:

a network; and

a communications controller capable of transmitting said aggregate risk value and said enhancement data over said network.

28. The computer system of claim 26, wherein said finance module is further configured to establish a bankruptcy-remote special purpose entity, wherein said aggregate risk value and said enhancement data are of sufficient quality to permit said bankruptcy-remote special purpose entity to receive said portfolio of loans in a true sale transaction sufficient to enhance a creditworthiness of said portfolio of loans.

29. The computer system of claim 26, wherein said user-defined limit comprises at least one of:

(a) a specific dollar amount;

(b) a ratio of selected values related to said one or more products;

or

(c) a percentage of a premium outlay associated with said one or more products.

30. The computer system of claim 26, wherein said gap enhancement module is further configured to:

compare said one or more gap enhancement instruments to a set of parameters;

identify a selected one or more gap enhancement instruments from among said one or more gap enhancement instruments, said identification based upon said set of parameters; and

generate for execution said selected one or more gap enhancement instruments.

31. The computer system of claim 30, wherein said set of parameters comprises at least one of:

(1) a relative value of each of said one or more gap enhancement instruments;

(2) a net cost of executing each of said one or more gap enhancement instruments;

or

(3) an ease of obtaining each of said one or more gap enhancement instruments.

32. The computer system of claim 26, wherein said agreement to extend said gap loan comprises an agreement by an insurance carrier that has written one of said insurance products on an employee of one of said borrowers;

and wherein said pledged asset securing repayment of said gap loan comprises accounts receivable of said employing borrower.

33. A computer program product comprising a computer-readable storage medium having an executable program code stored thereon, wherein said program code instructs a processor to perform steps for facilitating acquisition of a credit facility for a plurality of loans provided by a loan originator to one or more borrowers, said steps comprising:

A) accessing one or more data tables, wherein said data tables are located on a data storage system and include data associated with one or more products comprising one or more financial instruments that employ or accomplish a form of risk transfer and have a portion or component having a potential to grow in value over time;

B) combining into a portfolio said plurality of loans secured by one or more of said products;

C) calculating an aggregate risk value for said portfolio, said aggregate risk value based on a current gap value stored in said one or more data tables, said current gap value representing the difference between a premium paid and a value of each of said one or more products;

D) receiving commitments associated with one or more gap enhancement instruments executed by one or more parties other than the borrowers and addressing said current gap value; and

E) providing to a credit provider;

(i) said aggregate risk value; and

(ii) enhancement data representative of said one or more executed gap enhancement instruments and supportive of said credit facility for said portfolio of loans, having terms favorably responsive to the presence of said enhancement data.