Your lawsuit, sliced into bonds
Securitisation is reaching into collateral with no default history, and doing so with fewer disclosure requirements than in 2008.
Consumer legal funders advance cash to personal-injury plaintiffs to cover rent and medical bills while their cases grind through court. The advance is non-recourse: if the case fails, nothing is owed. If it settles — and insurers usually settle — the plaintiff repays with fees and interest averaging 35 to 45 per cent a year. The New York Times found one New York woman who received $76,500 in advances and owed at least $1.4m by the time her case settled. The new part is what happens next. The biggest funders are bundling thousands of these IOUs into asset-backed securities (NYT). Investors buy a claim on the future settlement stream; the funder recycles the cash into new advances. Think about what is being securitised. The collateral is not a car or a house or a credit-card balance with decades of default statistics behind it. It is the expected outcome of litigation — correlated to court backlogs, to insurer settlement policy, to a change in state law on funding disclosure. Price it and you are pricing a legal regime. There is no observable secondary market for a plaintiff's settlement expectation, so the marks come from a model. This lands in the same place as the SEC's decision this month to exempt data-centre securitisations from crisis-era risk-retention and disclosure rules (Telegraph). Both are cases of cash-flow streams with no default history being wrapped into securities that someone will hold at par. Neither is large enough to matter on its own. The pattern is the point: when an economy runs out of ordinary collateral, it invents new collateral, and the new collateral is always the least tested.