Guarantee certificates

• US 8,065,207 B1
• Filed: 02/10/2006
• Issued: 11/22/2011
• Est. Priority Date: 08/27/1999
• Status: Expired due to Fees

• Current Assignee: Federal Home Loan Mortgage Corporation
• Original Assignee: Federal Home Loan Mortgage Corporation
• Inventors: Cassidy, Henry J., Abrahams, Steven W.
• Primary Examiner(s): Subramanian; Narayanswamy
• Application Number:
  US11/350,792
• Time in Patent Office: 2,111 Days
• Field of Search: 705 35- 45
• US Class Current: 705/35
• CPC Class Codes: G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes
• CPC Class Codes: G06Q 40/03 Credit; Loans; Processing thereof
• CPC Class Codes: G06Q 40/04 Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis
• CPC Class Codes: G06Q 40/10 Tax strategies

Abstract

Methods and systems are provided for issuing a new type of security, referred to herein as a “Guarantee Certificate,” which offers payments to a holder contingent upon the occurrence of specified risk-related events that would typically trigger an insurance or guaranty payment. Guarantee Certificates offer a mechanism for separating certain payment rights associated with a pool of assets (which may or may not be securitized) from the remaining payment rights associated with the pool, such that the payment rights form separate, transferable financial instruments. These instruments evidence an obligation of a mortgage insurer or a securities guarantor to make payments triggered by certain default-related events involving a corresponding (in the case of a mortgage insurer) or an underlying (in the case of a securities guarantor) mortgage loan or loans. A data processing system creates and maintains information corresponding to the Guarantee Certificates. A Guarantee Certificate may be tradable by the holder.

Claims

1. A computer-implemented method for servicing a guarantee certificate, the computer-implemented method comprising the steps of:

pooling, using a computer system, real estate loans into a reference pool;

issuing a guarantee certificate, which is a financial instrument representing an obligation of a party to make payments triggered by certain default-related events involving a real estate loan;

applying, by the computer system, a payout formula that is;

determined by modeling a separate loan pool;

applied to the payments triggered by certain default-related events involving the real estate loans in the reference pool according to the obligation; and

associated with a conveyable guarantee certificate that entitles its holder to receive at least one payment that comes from funds not attributable to the assets in the reference pool and is determined by the payout formula when triggered by the certain default-related events; and

outputting, by the computer system, instructions to make at least one payment for the guarantee certificate based on the payout formula.

2. The computer-implemented method of claim 1, wherein the guarantee certificate is tradable.

3. The computer-implemented method of claim 1, wherein the certain default-related events include at least one event from a group comprising:

a real estate loan delinquency;

a real estate loan default;

a real estate loan foreclosure;

a real estate liquidation;

a real estate loan workout;

a classification of real estate as real estate owned (REO); and

an acquisition of a real estate deed in lieu of foreclosure.

4. The computer-implemented method of claim 1, wherein the guarantee certificate is conveyable to an entity that holds no interest in the real estate loans.

5. The computer-implemented method of claim 1, further comprising:

intermittently adding a new real estate loan to the reference pool according to an eligibility rule when a trigger event causes the removal of a real estate loan from the reference pool.

6. The computer-implemented method of claim 1, wherein the payout formula comprises a pass through of a guarantee payment associated with a real estate loan in the reference pool.

7. The computer-implemented method of claim 1, wherein the payout formula comprises one of a group consisting of:

a fraction of a guarantee payment associated with a real estate loan in the reference pool; and

a multiple of a guarantee payment associated with a real estate loan in the reference pool.

8. The computer-implemented method of claim 1, wherein the payout formula comprises one of a group consisting of:

a fraction of a principal amount associated with a real estate loan in the reference pool; and

a multiple of a principal amount associated with a real estate loan in the reference pool.

9. A computer-implemented method for servicing a guarantee certificate, the computer-implemented method comprising the steps of:

pooling, using a computer system, assets into a reference pool;

issuing a guarantee certificate, which is a financial instrument representing an obligation of a party to make payments triggered by trigger events involving at least one of the assets;

applying, by the computer system, a payout formula that is;

determined by modeling a separate loan pool;

applied to the payments triggered by trigger events involving the assets in the reference pool according to the obligation; and

associated with a guarantee certificate that is conveyable to an entity that holds no interest in the assets in the reference pool and entitles its holder to receive at least one payment, and the payment comes from funds not attributable to the assets in the reference pool and is determined by the payout formula; and

outputting, by the computer system, instructions to make at least one payment for the guarantee certificate based on the payout formula.

10. The computer-implemented method of claim 9, wherein the trigger events includes an event from a group consisting of:

a delinquency;

a default;

a foreclosure;

a liquidation;

a loan workout;

a classification of real estate as real estate owned (REO); and

an acquisition of a real estate deed in lieu of foreclosure.

11. The computer-implemented method of claim 9, further comprising:

using a trust to hold the reference pool; and

initiating a payment, from the trust and using the computer system, determined by the payout formula when a trigger event from among the trigger events occurs.

12. The computer-implemented method of claim 9, further comprising:

intermittently adding a new asset to the reference pool according to an eligibility rule when a trigger event causes the removal of an asset from the reference pool.

13. The computer-implemented method of claim 9, wherein the payout formula comprises a pass through of a guarantee payment associated with an asset in the reference pool.

14. The computer-implemented method of claim 9, wherein the payout formula comprises one of a group consisting of:

a fraction of a guarantee payment associated with an asset in the reference pool;

and a multiple of a guarantee payment associated with an asset in the reference pool.

15. The computer-implemented method of claim 9, wherein the payout formula comprises one of a group consisting of:

a fraction of a principal amount associated with an asset in the reference pool; and

a multiple of a principal amount associated with an asset in the reference pool.

16. A computer-implemented method for servicing a guarantee certificate, the computer-implemented method comprising:

forming real estate backed assets into a reference pool, using a computer system;

issuing a guarantee certificate, which represents an obligation of a party to make payments when a trigger event occurs;

specifying, by the computer system, the trigger event, which is an event that affects at least one of the real estate backed assets in the reference pool;

applying, by the computer system, a payout formula that;

is determined by modeling a separate loan pool;

calculates, by the computer system, a payment, that comes from funds not attributable to the real estate loans in the reference pool, to a holder of the guarantee certificate when the trigger event occurs; and

is associated with a guarantee certificate that entitles its holder to receive the payment calculated by the payout formula; and

outputting, by the computer system, instructions to make at least one payment for the guarantee certificate based on the payout formula.