All the Devils Are Here [184]
And still the agencies continued to stamp their triple-As on mortgage-backed securities. The evidence didn’t seem to matter. In late December 2006, Moody’s analyst Debashish Chatterjee was shocked by his own graph of the number of mortgages at the top ten issuers that were more than sixty days delinquent. Fremont Investment & Loan, in particular, was drowning in them. “Holy cow—is this data correct? I just graphed it and Freemont [sic] is such an outlier!!” he wrote in an e-mail to colleagues. A month later, when S&P was rating a Goldman CDO that contained Fremont loans, the analyst on the deal asked a colleague, “Since Fremont collateral has been performing not so good, is there anything special I should be aware of.” The response: “No, we don’t treat their collateral any differently.” Both Moody’s and S&P rated five tranches of that offering triple-A; not surprisingly, two of the five were later downgraded to junk, according to analysis by the Senate Permanent Subcommittee on Investigations.
It wasn’t until July 2007—the same month the Bear hedge funds collapsed—that the rating agencies made their first major move toward downgrading. E-mails imply that they had been considering such a move among themselves for months. It also appears that they were discussing it with at least some Wall Street firms as well. “It sounds like Moody’s is trying to figure out when to start downgrading, and how much damage they’re going to cause—they’re meeting with various investment banks,” a UBS banker had written back in May. A judge overseeing a lawsuit involving UBS would later find “probable cause to sustain the claim that UBS became privy to material non-public information regarding a pending change in Moody’s rating methodology.”
Yet even in July, the rating agencies still weren’t ready to go all in and actually downgrade triple-A tranches. Instead, on July 10, 2007, S&P placed 612 tranches of securities backed by subprime mortgages on “review” for downgrade; almost immediately, Moody’s followed, placing 399 tranches on review. Both agencies made a great point of saying that the downgrades affected only a sliver of the mortgage-backed securities they had rated.
Why had it taken so long? Sheer overwork played a part, as did paralysis. But it was also because the rating agencies feared the consequences of a widespread downgrade of mortgage-backed securities. With ratings so embedded in regulations, downgrades would force many buyers to sell. That forced selling, in turn, would put more pressure on prices, which would create a downward spiral that would be nearly impossible to reverse. With subprime mortgages, that situation was exacerbated a thousandfold, because the flawed ratings of residential mortgage-backed securities had been used to create countless