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ABS

Weekly Wrap: KBRA places aviation ABS notes under downgrade watch

Kroll Bond Rating Agency placed 18 securities from six aircraft-least ABS transactions - totaling $2.6 billion in unpaid note balances - on downgrade watch, over concerns the trusts have yet to receive their full schedule of principal payments from international airline clients struggling from the pandemic-related global travel slowdown.

Inside Kuala Lumpur International Airport as Lockdown Eased
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The downgrade warnings affected notes issued by Aergo Capital Ltd., Air Lease Corp., BBAM Aviation Services Ltd., Carlyle Aviation Management Ltd, DVB Bank SE and Seraph Aviation Management Ltd.

“Ratings for the 18 securities were previously lowered in 2020 due to performance degradation, which has continued since the time the last rating action was effectuated for each transaction,” KBRA stated in the report. “Each deal has also breached of its applicable debt service coverage ratio (“DSCR”) trigger, causing a rapid amortization event for several months.”

Four of the issuers (Aergo, Seraph, DVB and BBAM) have unpaid interest ranging from $99,149 to $264,080.

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Trade groups voice support for federal legislation on Libor transition

Financial industry groups including the Mortgage Bankers Association, SIFMA, the Structured Finance Association and the Loan Syndications & Trading Association were among those this week urging federal legislation to address how "tough legacy" contracts tied to the outgoing Libor benchmark rate should prepare for its eventual demise.

In a letter to the U.S. House Financial Services Committee on Thursday, the four were among 18 trade orginations which proposed that Congress consider a federal measure that would resolve how financial contracts extending beyond June 2023 should replace Libor when the benchmark is slated to end across all currencies by then.

In a statement from SIFMA, the group noted that "trillions of dollars of outstanding contracts, securities, and loans that use LIBOR for their interest rates but do not have appropriate contractual language to address a permanent cessation of US dollar LIBOR."

"Existing interest-rate fallback provisions may not address the issue at all, may result in adjustable-rate contracts becoming fixed-rate contracts based on the last known LIBOR, or may defer to a party’s judgement to replace LIBOR with a comparable interest rate index," the letter stated. "In any case, it is likely that ineffective or ambiguous fallback provisions will result in uncertainty, litigation, and harm to consumers, businesses, and investors."

The New York state legislature last month passed legislation requiring the use a version of the Federal Reserve of New York's published Secured Overnight Financing Rate as a Libor replacement on all contracts - which state law governs due to the fact most securities and derivatives contracts are drawn up by Wall Street banks.

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Fitch reports improved credit metrics for CLOs in 1Q

Credit quality of U.S. broadly syndicated CLOs improved during the first quarter, aided by a default rate on underlying loan issuers at its lowest level in two years, according to Fitch Ratings.

In a report issued Tuesday, Fitch also noted that exposure to issuers with negative outlooks – or on watch for potential downgrades – was “proportionally less” for collateralized loan obligations, in its initial 2021 surveillance report on outstanding deals.

Fitch said it identified only 13 issuers with loans held in CLOs that were in default at the end of March 2021, down from 28 at the end of December 2020. “Default exposure in U.S. broadly syndicated loan CLOs under Fitch’s surveillance at the end of 1Q2021 is at the lowest quarter-end level seen since 2Q2019,” the report stated.

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Byrider leads a parade of April subprime auto ABS deals

Byrider Finance on Friday closed on the first of three subprime auto ABS deals that have entered the April pipeline.

Byrider, which finances used vehicles on a “buy here, pay here” basis at its 142 company-owned and franchised lots across the country, priced $126.2 million in securities through its CarNow Auto Receivables Trust 2021-1 vehicle, backed by a pool of subprime auto loans underwritten to borrowers with a weighted average FICO of 556.

Also launching deals last week were Santander Consumer USA and DriveTime Automotive Group.

In Byrider’s CarNow transaction, the pool’s high-leverage loans (159.5% weighted-average loan-to-value) carry current loan balances of $11,073 after nine months of seasoning, on 54-month original terms. The WA coupon is 21.12%. All of the loans are underwritten serviced by Byrider Finance.

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CFPB sets stage for more enforcement. But what's the script?

The Consumer Financial Protection Bureau's decision last month to rescind Trump-era guidance outlining what constitutes an "abusive" practice was not unexpected given that the bureau's acting director has repeatedly called for holding companies liable for harming consumers.

Acting CFPB Director Dave Uejio’s statementlast monthrescinding the guidance was expected, as is Uejio's consistent criticism of the deregulatory approach of his predecessor, Kathy Kraninger. Rescinding the guidance — which promised restraint in using the "abusive" label in enforcement actions and limiting penalties for many violations — could signal that the bureau will be more willing to pursue enforcement actions against companies that it thinks are abusing consumers.

But given the ambitious agenda of Rohit Chopra, a commissioner at the Federal Trade Commission who is likely to be confirmed soon as the CFPB's permanent director, many experts said rescinding Kraninger’s policy guidance was a foregone conclusion.

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Kate Berry
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