“Loss-Share Agreements” – Is The FDIC Postponing Losses On Bank Failures?

FDIC Loss Sharing Examined

Loss sharing is a common feature of purchase and assumptions agreements used by the FDIC to move failed bank assets into the private sector.  Under a loss share agreement, the FDIC agrees to absorb a certain portion of losses on a failed bank’s assets that are purchased by an acquiring bank.  From the FDIC’s standpoint, loss share transactions are simpler, reduce cash outflows and allow troubled assets to be sold or restructured in an orderly fashion instead of being sold at steep discounts in a poor market.

The FDIC through August has entered into 53 loss share agreements with acquirers of failed banks.  There is now a total of $80 billion in failed bank assets covered by loss share agreements.  The FDIC estimates that it has saved $11 billion by using loss share transactions instead of simply liquidating failed bank assets through an outright cash sale.

The ultimate gain or loss by the FDIC on their long tailed obligation to absorb losses on the ultimate disposition of failed bank assets is impossible to predict.  If property markets eventually recover, the FDIC’s losses should be less than estimated.

It will be some time before the results of the loss share programs can be evaluated, since certain assets are covered by loss share agreements for up to 10 years.  The cost of expected losses on a failed bank’s assets covered by a loss share transaction is included in the FDIC’s estimated cost of a banking failure.

Here are the FDIC responses to various questions about the loss-share transactions.

How does loss sharing work?

The FDIC uses two forms of loss sharing. The first is for commercial assets and the other is for residential mortgages.

For commercial assets, the agreements typically cover an eight-year period with the first five years for losses and recoveries and the final 3 years for recoveries only. FDIC will reimburse 80 percent of losses incurred by acquirer on covered assets up to a stated threshold amount (generally FDIC’s dollar estimate of the total projected losses on loss share assets), with the assuming bank picking up 20 percent. Any losses above the stated threshold amount will be reimbursed at 95 percent of the losses booked by the acquirer.

For single family mortgages, the length of the agreements tend to run for 10 years and have the same 80/20 and 95/5 split as the commercial assets. The FDIC provides coverage for four basic loss events: modification, short sale, foreclosure, and charge-off for some second liens. Loss coverage is also provided for loan sales but such sales require prior approval by the FDIC. Recoveries on loans which experience loss events are shared in the same proportion as the original loss.

Does the FDIC receive any benefits if the acquiring bank makes money on the covered assets?

Yes. If asset losses are lower than anticipated, then the FDIC receives the majority of the benefit. The acquirer will reimburse the FDIC for the difference either at 80% or 95% depending on what was booked.

What types of losses on the assets are covered, and when does the FDIC reimburse the buyer for those losses?

The FDIC covers credit losses as well as certain types of expenses associated with troubled assets (such as advances for taxes and insurance, sales expenses, and foreclosure costs). The FDIC does not cover losses associated with changes in interest rates.

For single family loans, the acquirer is paid when the loan is modified or the real estate or loan is sold. For commercial loans, the acquirer is paid when the assets are written down according to established regulatory guidelines or when the assets are sold.

How do you know that the FDIC is getting the best deal with loss sharing?

When the FDIC is preparing the sale of a failing bank or thrift, the FDIC reaches out to numerous potential bidders for the deposit franchise and the institution’s assets. The sale relies on a competitive bidding process. In addition, the FDIC uses financial advisors to estimate asset values.

Does loss sharing put the taxpayer on the hook for additional losses down the road?

When the FDIC calculates the estimated cost of a failure, it takes into account expected losses on the assets covered in loss share agreements. Thus the cost of expected future payments is included. If credit losses are less than expected, then the FDIC will lose less than anticipated; if credit losses are more than expected, then the FDIC will lose more than anticipated. Actually, loss sharing has proven to be effective in the past.

Why don’t you use loss sharing for all failures?

Loss share agreements are just one way the FDIC has for selling assets of a failed bank, and may not be the best alternative for every troubled bank. For each resolution, the FDIC analyzes all available alternatives and accepts the least costly bid. Sometimes the results indicate that the loss share bids are more costly, and sometimes the FDIC does not receive a loss share bid.


  1. I think the Feds should investigate where all the losses came from..I’ll bet the shareholders took mortgages against their numerous properties throuh shell co’s and defaulted .
    Most probably premeditated from the banks inception as a business plan.

  2. Help… can you tell me what this means if you had stock with this bank? Is it worth nothing now or will it be transfered to the new bank?

  3. Your stock is worth $0 now.

    The depositors are always first in line to get paid when the assets of a bank are liquidated. In this case, the liquidation of assets did not even cover these depositors in full. The FDIC made up the difference (because they are the insurer and those deposits were insured). All other creditors and equity holders (like you) are out of luck.

  4. The FDIC is encouraging Institutions that assume a failed bank with loss share agreements to negotiate an early buyout of these agreements. Does anyone know about this, or has anyone actually been through this process?

  5. Devin Rutkowski says

    Are you aware of the Congressionally mandated investigation into Loss/Share Agreements? It started in January 2012 and will be finished by January 2013. If these agreements are so wonderful, then why are they under investigation. It’s a simple read, HR 2056. Goggle it.

    It has become abundantly obvious that the acquiring institutions have perverted and abused the intent and purpose of the concept behind the Loss/Share Agreement to their advantage. How,you aks, simple. Force performing loans into default and cashing out on the 80/20 split with the FDIC. How does the AI force a performing loan into default you ask. Simple, produce an appraisal at 30%-50% below current market values and/or impose such draconian demands upon borrower knowing full well the borrower can’t meet them, and presto. THe borrower is forced to walk away from an otherwise servicable debt, that within the 5 – 10 year period of the Loss/Share Agreement, could very well be paid back in full.

    If you have the unfortunate luck to have any loans with a failed back, I pity you. The abuses currently taking place make the stories about the Wall Street banks sound like a walk in the park. When is some enterprising your jounalist going to investigate the “next great banking scandal” and expose the Loss/Share Agreements for what they are. Nothing more than a FDIC sanctioned method to take from from the masses and give to the few!

  6. sid dumas says

    would like to to talk to you.

    I am MAI real estate appraiser-former bank director–have dealt directly with FDIC on one loan–have had 4 banks that I did business go under.

    what is happening to people like me (Been very successful business man for over 30 yrs. is unbelievable. Today I am basically broke

  7. Does anybody know where there is a list of properties sold where banks benefitted from an FDIC Shared Loss Agreement?

  8. gary hughey says

    hey chris ,i too am looking to find list/records of reimbursements back to banks,fdic is not helping ,got any ideas? thanks

  9. Bajaman007 says

    Why were we NOT notified of the Government TAKEOVER of the so called Bank!!!???
    I had Certs of Deposit with these so called “Bankers”! I found them in my safe deposit box after sometime! Only to find MY money has vaporized into thin air!!! Just like the Stock Market YSK scam with Clinton/Gore!!!!! This Country allows hard working people, to be RIPPED OFF and NO ONE goes to jail!!! I’m disgusted with this!!!

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