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  • Mr. MacPhail's practice focuses on defending clients in investigations and litigation before the U.S. Securities and Exchange Commission (SEC), the FINRA, the PCAOB, the Colorado Division of Securities and other state securities regulators. Mr. MacPhail represents broker-dealers, accounting firms, investment advisers, registered representatives, CPAs, attorneys, public relations personnel and investors in private disputes and regulatory proceedings. Mr. MacPhail also represents corporations and individuals in securities-related litigation in state and federal court.

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April 07, 2008

The Subprime Crisis: A Major Shift in Priorities for the SEC

Caught flatfooted by the meltdown in the subprime mortgage market, the SEC belatedly is investigating whether any wrongdoing occurred.  The origin of the subprime crisis is worth revisiting.  In a business environment featuring increasing home prices and significant demand for homes, “prime” borrowers with good credit locked in their rates.  Mortgage lenders extended credit to “subprime” borrowers with poor credit, who, due to poor underwriting practices, often were allowed to borrow more than they could repay. 

 

This practice was facilitated by the issuance of asset-backed securities. Mortgage lenders sold the loans to third parties who packaged them into pools and sold the cash flows to investors in the form of mortgage-backed securities. In turn, these third parties resecuritized the mortgage-backed securities to create collateralized debt obligations or "CDOs."

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About This Blog

  • This Blog covers issues relating to enforcement investigations and litigation by securities regulators, including the SEC, FINRA, PCAOB and the Colorado Division of Securities. This blog is a service of Holland & Hart's Government Investigations and White Collar Practice Group.

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  • The information contained in this blog is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter.