Download as pdf or txt
Download as pdf or txt
You are on page 1of 21

Journal of Financial Economics 144 (2022) 590–610

Contents lists available at ScienceDirect

Journal of Financial Economics


journal homepage: www.elsevier.com/locate/jfec

Financially constrained mortgage servicersR


Darren J. Aiello
Marriott School of Business, Brigham Young University, 683 TNRB, Provo, UT 84602, USA

a r t i c l e i n f o a b s t r a c t

Article history: Financially constrained mortgage servicers destroyed substantial MBS investor value during
Received 27 November 2019 the financial crisis through their management of delinquent mortgages. Servicers advance
Revised 12 May 2021
to investors monthly payments missed by borrowers. In order to minimize this obligation
Accepted 12 May 2021
to extend financing to distressed borrowers, constrained servicers aggressively pursued
Available online 5 October 2021
foreclosures and modifications at the expense of investors, borrowers, and future mortgage
JEL classification: performance. When agency frictions between the servicer and the investor are higher, the
G21 servicer’s financial constraints matter more. IV regressions suggest that, on average per
G23 defaulted loan, servicers’ financial constraints are responsible for 20% of the total investor
value reduction during the financial crisis.
Keywords:
Mortgage servicing © 2021 Elsevier B.V. All rights reserved.
Securitization
Real estate
Financial constraints

1. Introduction of important financial institutions (Mian and Sufi, 2009;


Diamond and Rajan, 2009). These institutions, investors in
The 20 07–20 09 financial crisis demonstrated the ex- mortgage-backed securities (MBS), delegate the manage-
tent to which mortgage instruments (and hence, mort- ment of mortgage loans to intermediaries called mortgage
gage default risk) were concentrated on the balance sheets servicers. This paper is the first to study the extent of the
incentive misalignment between servicers and investors,
R
how that agency conflict gets exacerbated in the presence
I am indebted to my advisors Mark Garmaise, Andrea Eisfeldt, Stuart
Gabriel, Barney Hartman-Glaser, and William Mann for their advice and of financial constraints, and the substantial consequences
guidance. Additionally, an anonymous referee as well as my discussants— of this combination during the financial crisis. A financially
Gonzalo Maturana, Doug McManus, Jack Liebersohn, and Richard Green— constrained servicer both modifies and forecloses more
have made valuable and essential contributions to this paper. For ex- aggressively than is optimal from the investor’s perspec-
cellent research assistance, I thank Paige Nelson. I also thank Antonio
Bernardo, Bruce Carlin, Alex Fabisiak, Chady Gemayel, Valentin Haddad,
tive. Additionally, the extent to which a servicer’s financial
Ryan Huddleston, Mahyar Kargar, Jason Kotter, Grant McQueen, Todd Mit- constraints matter varies directly with the severity of the
ton, Tyler Muir, Taylor Nadauld, Christopher Palmer, Nimesh Patel, Ryan agency friction between the servicer and the investor. By
Pratt, Jeb Robinson, Jacob Sagi, Tyler Shumway, Clinton Tepper, Ivo Welch, describing this undocumented and economically substan-
Tim Witten, and Geoff Zheng, as well as seminar and conference partici-
tial friction, I demonstrate the outsized role mortgage ser-
pants at UCLA Anderson’s Finance Brown Bag and Student Seminar series,
the 2018 UCI-UCLA-USC Urban Research Symposium, Brigham Young Uni- vicers play in the economics of this market.
versity, Notre Dame University, University of Oregon, Philadelphia Federal If a delinquent mortgage borrower cannot self cure,
Reserve Bank, Federal Reserve Board, University of North Carolina-Chapel refinance the loan, or sell the property, the servicer is
Hill, and University of North Carolina-Charlotte for helpful comments and authorized to intervene by either modifying the terms of
suggestions. All errors are my own. I also thank the UCLA Ziman Center’s
Rosalinde and Arthur Gilbert Program in Real Estate, Finance, and Urban
the note or foreclosing on the property on behalf of the
Economics for their generous funding. investor. Servicers are required to advance the monthly
E-mail address: d.a@byu.edu principal and interest from borrowers to investors when

https://doi.org/10.1016/j.jfineco.2021.09.026
0304-405X/© 2021 Elsevier B.V. All rights reserved.
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

borrowers do not make their payment. These advances rates rather than improves incentive alignment with the
incentivize the servicer to take costly modification or investor, I construct a measure of the net present value
foreclosure action when faced with a delinquent mort- (NPV) of the investor’s loan cash flows. Financially con-
gage. While these default interventions are designed to strained servicers’ aggressive and premature intervention
benefit the investor, they are also directly beneficial to the in defaulted loans, and their actions conditional on in-
servicer. Upon completion of an intervention (the signing tervention, destroy a large amount of investor value. On
of a modification agreement or the sale of a foreclosed average, a servicer’s financial constraints caused $11,896
property), a servicer avoids advancing more delinquent (20.21%) of the $58,866 average total investor value de-
payments and recovers all previous advances on that loan, stroyed per defaulted loan in the US during the financial
regardless of the proceeds or performance of the spe- crisis.
cific loan. By providing short-run financing to delinquent Finally, I explore the manner in which a servicer’s ca-
borrowers in the form of these advances, servicers give pacity constraints (e.g., staffing limitations in the face of
borrowers the opportunity to recover on their own. How- large volumes of delinquent loans) interact with their fi-
ever, servicers are either less willing or less able to take nancial constraints. I demonstrate that a capacity con-
this option when they are financially constrained. A finan- strained servicer has a severely curtailed ability to respond
cially constrained servicer intervenes in delinquent loans to exogenous changes in their financial constraints by in-
at a higher rate—producing foreclosures and modifications creasing the rate at which they modify and foreclose on
in excess of the investor value maximizing level. the delinquent loans in their portfolio.
While securitization offers benefits to investors over I utilize a largely unexplored dimension of mortgage
holding loans in portfolio, it also introduces an agency con- performance data. I start with a rich dataset that follows
flict between the servicer and the investor (Wong, 2018). the performance of approximately 90% of the mortgage
As an institutional feature, servicing advances exist to ease loans sold into non-agency residential mortgage-backed
these agency conflicts, but an underappreciated—and pre- securities (RMBS) transactions pre-crisis. These non-agency
viously undocumented—fact is that advances make the bal- RMBS loans account for the bulk of the delinquencies,
ance sheets of the servicers important. It is exactly when modifications, and foreclosures that occur during the fi-
the agency frictions between the servicer and the investor nancial crisis. To investigate the impact of servicer behav-
are highest that the servicer’s financial constraints matter ior and incentives on default outcomes without contamina-
to their decision making. tion from prior servicer interventions, I condition on loans
But how important is this effect? For every standard that defaulted and observe the outcome related to the first
deviation increase in financial constrainedness, servicers stretch of borrower delinquency.
are nine percentage points more likely to foreclose after In this paper, the amount of advances a mortgage ser-
a borrower’s first episode of delinquency. Because mov- vicer makes for missed monthly payments is used as an
ing quickly to modify a defaulted loan will also benefit a indicator of financial constraints. An alternate measure of
constrained servicer (offering a much quicker path to re- a servicer’s financial constrainedness, the credit default
covery of advances), for every standard deviation increase swap spread for a servicer’s bond issuance, is discussed in
in financial constrainedness, servicers are five percentage Section 4.3. Measuring the causal impact of servicing ad-
points more likely to modify a loan as well. What is not vances on servicer decisions and loan outcomes is prob-
clear, however, is whether these interventions are produc- lematic because advance levels are endogenous to servicer
tive. I show that, at a minimum, these actions taken by actions. I construct plausibly exogenous variation in ser-
constrained servicers are bad for investors. They are also vicer financial constraints by instrumenting servicing ad-
bad for borrowers: I exploit quasi-random assignment of vances with a servicer’s unique exposure to the timing
financial constraints to demonstrate that these are foreclo- of housing price returns in geographies far removed from
sures and modifications where, in the absence of the effect the focal loan (Granja et al., 2017). A servicing-portfolio-
of servicer financial constraints, the borrower would have balance-weighted average of zip-level housing price re-
self cured, refinanced, or sold the property instead. turns, excluding the core-based statistical area (CBSA)
The severity of the agency conflict over whether or not where the focal loan resides, directly impacts the volume
to intervene in a defaulted loan varies directly with how of advances a servicer makes (instrument relevance). How-
uncertain the servicer and investor are over what the op- ever, the servicer portfolio’s housing price return, in ge-
timal action to take is, directly impacting the cost of mon- ographies separate from the focal loan, does not influence
itoring borne by the investor. To test whether servicers loss mitigation decisions or outcomes except through its
act differently according to the severity of agency frictions, direct effect on the advances made by the servicer (ex-
I exploit variation in the costs investors bear to moni- clusion restriction). Particular concerns related to this ex-
tor servicer actions and show that there is no difference clusion restriction, such as unobservable borrower quality,
in the decision making between constrained and uncon- dynamic servicer learning, the existence of operational ca-
strained servicers for low monitoring cost (low agency fric- pacity constraints, and servicer ownership of MBS tranches,
tion) loans. Alternatively, when intervention may or may are addressed in detail in Section 4. Additionally, I in-
not be optimal and the investor must monitor the servicer, clude the housing price return for the zip code where
the high agency friction environment leads the servicer to the loan resides as a control, as well as fixed effects at
act differently depending on its financial constrainedness. the servicer level and for an interaction between default
To determine that the distortion of a servicer’s de- year, zip code, and borrower credit quality (Prime, Alt-A,
cisions, in the presence of financial constraints, deterio- and Subprime). I then compare loans of the same credit

591
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

quality that defaulted in the same zip code and calendar Restricting attention to defaulted loans with valid loan
year. and borrower characteristic variables and servicer level
Whereas financial constraints and agency costs are advance and instrument values leaves 6,940,990 unique
well studied, the interaction between them is not. loans. Column (1) of Panels A and B of Table 1 contains
Whited (1992) and Eisfeldt and Rampini (2007) pro- the mean value for the various loan-level measures within
vide models of financial constraint-driven myopia that the overall BlackBox population (with valid covariate and
are accurate representations of the mortgage servicers’ servicer values, see Section 4) for comparison to the re-
behavior in this study. A servicer’s financial constraints mainder of the table, which deals with only loans in sam-
are examined in Kim et al. (2018). Most relevant to this ple. The 78.2% incidence of delinquency within this popu-
study, Chodorow-Reich and Falato (2021) demonstrate that lation is due to the low-bar definition of delinquency uti-
commercial banks were less likely to grant waivers to cor- lized in this study (ever at least 30-days past due), the
porations in violation of loan covenants and consequently non-conforming nature of the assets, and the crisis setting.
increased renegotiation and forced accelerated debt re- The sample loans are selected primarily by condition-
payment when they were in worse health. To the best of ing on delinquency, as reflected in the comparison be-
my knowledge this paper is the first to demonstrate the tween the sample and BlackBox population measures in
relationship between a servicer’s financial constraints and Panel A of Table 1. Defaulted loans are larger, were orig-
the realized agency costs borne by the investor. inated later, had lower credit scores and higher loan-to-
While mortgage securitization is rife with agency prob- value (LTV) ratios at origination, and were more likely to
lems at all levels (Griffin et al., 2019; Kruger and Matu- be adjustable rate. Panel B addresses the loss mitigation re-
rana, 2020), this paper also addresses the important de- sults that occurred in sample. Sample proportion statistics
cision by a servicer to either intervene or provide an op- are mutually exclusive1 and collectively exhaustive. They
portunity for a borrower to solve the problem themselves. report the first event to occur post-default.2 These out-
Agarwal et al. (2017) find that servicers of different quality comes are either borrower driven (self cure or pay off in
have varied appetites and ability to perform modifications. full), servicer driven (modification, foreclosure, or liquida-
Various influences on the decision to either modify or fore- tion), or due to something largely outside of the servicer’s
close have been studied, with the impact of securitization control (bankruptcy or repurchase). In addition to outcome
being the most extensively studied (Piskorski et al., 2010; proportions, the average (and standard deviation of the)
Agarwal et al., 2011; Adelino et al., 2013; 2014; Kruger, months to completion and Investor NPV of the action (see
2017). This paper examines how a servicer’s financial con- Section 4.4) are also reported. Panel C of Table 1 reports
straints, conditional on all these other effects, influence the the average values of loan and borrower characteristics
agency frictions related to managing a delinquent loan. for various outcomes conditional on delinquency. Servicer
The remainder of the paper proceeds as follows. names are cleaned to remove differing entity name permu-
Section 2 introduces the data and Section 3 provides in- tations and to collapse subsidiaries.
dustry context. Section 4 describes and discusses the iden- Geographic indicators are found at the zip code level
tification strategy and Section 5 examines my central find- within the BlackBox dataset. US Postal Service, Census Bu-
ings. Section 6 concludes. reau, and US Department of Agriculture data are used to
match zip codes to CBSA, commuting zones, and states.
CBSA consist of a core urban area and the surrounding
2. Data territory with “a high degree of social and economic in-
tegration with the core” (Census Bureau, 2016). CBSA are
The data describe 6,940,990 U.S. residential mortgage either metropolitan statistical areas (MSA) or smaller mi-
loans securitized into non-agency MBS that first went at cropolitan statistical areas (μSA). Commuting zones are de-
least one-month delinquent (defaulted) in 2013 or before. rived from the US Department of Agriculture’s Economic
The data are sourced from BlackBox, which covers about Research Service and fulfill largely the same role as CBSAs,
90% of pre-crisis privately securitized residential mortgage but are generally much larger in geographic area. Commut-
loans. ing zones and states cover the entire geography of the US.
These loans have a total of 351 million monthly loan Rural counties that are not included in a CBSA are consid-
observations. These monthly records are collapsed to the ered as separate “CBSA-like” geography observations.
loan level for all loans that went delinquent, entered
bankruptcy, or were ever modified, foreclosed, or liqui- 3. Institutional background
dated in a manner other than a borrower pay off in full.
The loans in the sample are tracked beginning with their When a mortgage loan is originated, two separable as-
final timely payment. Resolution of a particular episode sets are created: the note itself and a mortgage servicing
of borrower delinquency occurs through an action by
either the borrower or the servicer. Borrowers either self 1
A small number of delinquencies in the data resulted in a simultane-
cure when they make at least three consecutive current ous modification and foreclosure. All results are robust to excluding these
payments with no servicer intervention, pay off the loan in loans, classifying them as one or the other, or both.
2
full, or enter bankruptcy. The servicer ends an episode of Because this study focuses on the first delinquency, these sample
proportions are not representative of the ultimate outcomes. Self cures
delinquency by either modifying, foreclosing, repurchasing, or modifications that ultimately redefaulted could have had a second
or liquidating the loan. Focus is restricted to the first episode of delinquency (or a third, etc.) that ended in any of these possi-
delinquency. ble outcomes.

592
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Table 1
Summary statistics.
This table reports summary statistics relating to the loan population utilized in this paper. Column (1) of Panels A and B report results
relating to the population of BlackBox loans with valid covariate and servicer values. The remainder of the columns relate to the loans
that experienced at least one qualifying delinquent episode. Panel A reports summary statistic data. Panel B reports performance statistics
at the loss mitigation outcome level associated with the first delinquent episode. The average months to completion are the number of
months between first default and the month of the borrower’s third consecutive current payment, the pay off date, modification effective
date, foreclosure sale date, liquidation date, bankruptcy petition filing date, or the date of repurchase as applicable. Panel C replicates
Panel A statistics grouping by loss mitigation outcomes.

Panel A: summary of loan characteristics

BlackBox Sample
Mean Average Median Std. Dev. 10th% 90th%
(1) (2) (3) (4) (5) (6)

Original Loan Amount ($) 248,454 248,798 188,800 221,908 50,250 504,400
Loan Amount at Default ($) 243,996 185,311 219,018 48,386 499,861
Note Date 3/5/2005 5/23/2005 9/1/2005 19mos, 9 days 6/1/2003 12/1/2006
Default Date 8/13/2007 7/1/2007 25mos, 3 days 3/1/2005 3/1/2010
Original Note Rate 7.32% 7.32% 7.13% 2.59% 4.75% 10.65%
Credit Score 674.37 668.84 670.00 68.64 576.00 761.00
LTV 71.19 72.02 80.00 22.44 26.70 95.00
Adjustable Rate 0.60 0.63
Owner Occupied 0.82 0.82
Purchases 0.41 0.41
Single Family 0.71 0.70
Full Documentation 0.31 0.31

Panel B: summary of loan outcomes

BlackBox Sample Average Months SD of Months Average SD of


Proportion Proportion to Completion to Completion NPV NPV
(1) (2) (3) (4) (5) (6)

Defaulted 0.782 184,385 202,589


Self Cure 0.263 7.07 5.09 153,749 179,134
Paid-In-Full 0.396 2.37 1.87 251,460 231,944
Modified 0.071 8.31 9.03 161,797 179,350
Foreclosed 0.240 24.51 19.38 122,774 149,536
Liquidation 0.002 12.03 13.01 45,737 112,863
Bankruptcy 0.028 120,481 133,593
Repurchased 0.000 208,398 211,931

Panel C: summary of loan characteristics by outcome

Self Cure Paid-In-Full Modified Foreclosed Liquidated


(1) (2) (3) (4) (5)

Average Original Loan Amount ($) 220,250 263,701 272,545 255,020 116,405
Average Loan Amount at Default ($) 217,057 253,211 273,511 255,714 114,245
Average Note Date 5/4/2005 11/17/2004 2/6/2006 1/22/2006 1/28/2009
Average Default Date 6/18/2007 2/9/2007 10/23/2007 3/5/2008 1/24/2009
Average Original Note Rate 7.41% 7.05% 7.24% 7.66% 8.87%
Average Credit Score 656.77 679.32 666.36 665.91 691.10
Average LTV 71.52 69.94 75.14 75.17 39.03
Proportion, Adjustable Rate 0.58 0.66 0.62 0.67 0.57
Proportion, Owner Occupied 0.83 0.84 0.88 0.77 0.76
Proportion, Purchases 0.39 0.39 0.40 0.46 0.44
Proportion, Single Family 0.71 0.71 0.71 0.68 0.61
Proportion, Full Documentation 0.38 0.27 0.37 0.29 0.19

right. The mortgage servicer is the entity that owns the inator (“servicing retained”). A servicing right that is sold
mortgage servicing right. Servicing a mortgage is the pro- can either end up in the hands of the securitization issuer’s
cess of turning borrower cash flow claims into a uniform captive primary servicer or a party that intermediated be-
mortgage asset. For securitized loans, the note is placed in tween the originator and the issuer (these loans are then
an off-balance sheet special purpose entity of the issuer.3 primary serviced by an entity unaffiliated with either the
The servicing right is either sold alongside the note to an- securitization issuer or loan originator). The owner of this
other party (“servicing released”) or retained by the orig- servicing right is referred to as the “servicer.” The servicer
manages all borrower facing activities including payment
collection, managing loan and escrow accounts, and pro-
3
Alternatively, an entity such as a bank holds the note on its balance viding loss mitigation services in the case of default.
sheet.

593
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Loss mitigation activities consist of encouraging delin- outstanding advances 2.95 times faster than a foreclosure.7
quent borrowers to make their payments, working out re- This leads a financially constrained servicer to prefer mod-
payment plans, providing modifications or other loss miti- ification over foreclosure even in the presence of sub-
gation alternatives, such as deed-in-lieu of foreclosure or sidiaries that collect fees from the investor during the fore-
short sales, and managing the foreclosure process. Ser- closure process.8
vicers undertake these activities in compliance with the
relevant securitization guidelines and have contracted to 3.1. Servicer advances calculation
act in the best interest of the investor.4 The assumption
that modification is always better than foreclosure, even Previous studies on the financial constraints of interme-
from the investor’s perspective, while ubiquitous in the lit- diaries are largely limited to the observations that financial
erature, is not accurate. Maturana (2017) shows this as- constraints increased intermediary risk taking during the
sumption to be true on the level of an average effect but savings and loan crisis in the U.S. (Kroszner and Strahan,
allows for the self-evident possibility that, locally, it is of- 1996; Esty, 1997a; 1997b), and the effects that regulatory-
ten optimal to seize a borrower’s home rather than provide induced financing constraints have on insurance companies
a hopeless modification. (Lee et al., 1997; Ellul et al., 2011; Koijen and Yogo, 2014;
When a borrower fails to make a monthly mortgage Merrill et al., 2021).
payment on loans in a non-agency securitization (the fo- In this paper, the amount of advances a mortgage ser-
cus of this paper), the servicer is obligated to advance the vicer makes for missed monthly payments is used as an
principal and interest to the investor out of its own funds. indicator of financial constraints. Advances consist solely of
This creates a receivable on the balance sheet of the ser- the principal and interest payment not made by a delin-
vicer. If the borrower makes their past due payment, the quent borrower. Taxes and insurance as well as fees and
receivable is cleared on the servicer’s balance sheet. Upon other foreclosure and modification-related costs paid by
completion of a modification agreement or the sale of a the servicer are not included. A loan has an outstanding
foreclosed property, a mortgage servicer has the first claim servicing advance when its paid-to-date is less than the
on any cash flows from that related loan to recover its ad- monthly activity date and its scheduled balance is less
vances. To the extent that these cash flows are insufficient than the actual balance. The loan-level servicing advance
to reimburse the servicer for its previous advances, the ser- outstanding amount is calculated by summing all monthly
vicer has first priority claim on all cash flows related to principal and interest (P&I) constants for each paid-to-
any other loan in the securitization. If the servicer were to date currently outstanding. The loan-month outstanding
modify the loan, it capitalizes all outstanding advances into advance distribution is right-tail winsorized at the 0.01%
the investor’s loan balance and the servicer recovers its ad- level.
vances from the investor by reducing pool cash flows in These loan-level servicing advances are summed, for
the month of modification.5 In the event of a foreclosure, each month, to the servicer level to calculate Advancest,s ,
the servicer recovers advances outstanding from the pro- representing the outstanding servicing advances in month
ceeds of the sale of the property or, if that is insufficient, t for servicer s.9 Advancest,s is then scaled by the total
from pool cash flows in the month of foreclosure sale. Ul- portfolio outstanding actual loan balance for servicer s at
timately, the servicer is always made whole. time t , Port f ol ioBal ancet,s , to calculate the ratio of the out-
Panel B of Table 1 shows that the average months standing advances to the outstanding portfolio balance,
from delinquency to completion of modification (at which Advancest,s
point a servicer is able to recover 100% of its outstand- AdvF ract,s = . (1)
Port f olioBalancet,s
ing advances) is only 8.31 months. Alternatively, the aver-
Actual balance scaled servicer-month outstanding servicing
age foreclosure liquidation occurs 24.51 months after the
advances, AdvF ract,s , are then right tail winsorized at the
borrower’s first delinquency.6 This difference of 493 days
1% level. The principal variable of interest and the main
means that, on average, a modification returns a servicer’s
measure of the financial constrainedness of a servicer, 1-
Year Change in Advances as a Percentage of Loan Portfolio

7
Mortgage modification, particularly after the influence of the crisis,
4
Previous studies (Cordell et al., 2008; Mooradian and Pichler, 2017; became so streamlined and uniform that its perception as being more
Huang and Nadauld, 2019; Herndon, 2021) have looked at agency conflicts costly and lengthy as compared to foreclosure is not accurate.
in a mortgage servicer’s contract. 8
This preference that financially constrained servicers have for mod-
5
Modifications always bring the paid-to-date of a loan to current. This ifications over foreclosures is entirely driven by the role that servicer
is accomplished either through a capitalization as discussed, forgiveness advances play in the incentives of the servicer. Chomsisengphet and
of the borrower’s debt, or a loan workout agreement where partial pay- Lu (2015) present evidence that, in settings where the burden of servicing
ments are made until the borrower is caught up. What matters from the advances on a servicer is lessened or non-existent (such as agency securi-
point of view of the servicer is that once the paid-to-date is brought cur- tizations and bank-owned portfolios), foreclosures are preferred to mod-
rent, the servicing advance receivable is cleared. ifications. However, the non-agency securitization market, containing the
6 bulk of delinquent mortgages, is the correct setting in which to evaluate
Both of these statistics are related only to the actions the servicers
took on the borrower’s first delinquency. A foreclosure is measured at the the impact of servicer financial constraints on loss mitigation outcomes.
9
time the servicer first places a loan into foreclosure. A foreclosure liqui- The servicer-loan match is static in the data and represents the ser-
dation is when a previously foreclosed property is eventually sold, either vicer of the loan at the time of securitization. Changes in servicer are
at a foreclosure auction or through the real estate owned (REO) process. not reported in any available datasets relating to this loan population.
A foreclosure liquidation is distinct from a charge-off or short-sale liqui- Mayock and Shi (2018) provide evidence that servicing transfer activity
dation, which are generally labeled as unqualified “liquidations” herein. was largely only relevant beginning in 2011.

594
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Balance, is calculated by taking the difference in levels be- This variation translates to important differences in the ge-
tween the scaled value AdvF ract,s in the month preceding ographic diversity of their servicing portfolios. This instru-
loan default and the scaled value one year prior, ment then measures the extent to which a particular ser-
vicer is exposed to exogenous housing price shocks. This
AdvF ract,s = AdvF ract−1,s − AdvF ract−12,s , (2)
instrument is relevant because housing price declines in a
and is standardized separately for each regression particular geographic region are strongly associated with
(Cookson and Niessner, 2020). increased delinquencies, which will in turn cause a ser-
vicer to make additional advances. These first-stage results
4. Empirical strategy are reported in Section 4.3 and demonstrate that the in-
strument is both predictive of servicer advances and en-
My principal empirical specification involves two types compasses a meaningful level of the variation in those ad-
of outcome variables: a servicer’s action decisions regard- vances.
ing a delinquent loan and loan outcomes that occur fol- For this instrument to satisfy the exclusion restriction,
lowing a servicer’s decision. These outcomes are examined housing prices cannot directly impact a servicer’s actions
within the framework of two dimensions of fixed effects. or loan outcomes. In the case of my instrument, I exclude
First, a fixed effect at the servicer level removes the aver- the portion of a servicer’s portfolio in the CBSA immedi-
age effect of the servicer, held constant over time. Second, ately surrounding the focal loan and include as a control
an interacted fixed effect dimension restricts attention to the relevant zip code level housing price return for the
loans that first defaulted in the same calendar year, are lo- 12-month period preceding loan default. Thus my exclu-
cated in the same zip code, and are of the same general sion restriction—as satisfied by assumption—is that, condi-
credit quality (Prime, SubPrime, or Alt-A). Additionally, all tional on the local zip code housing price return, the ser-
relevant loan and borrower characteristics are included as vicer portfolio housing price return (in geographies sepa-
controls. Included within this framework is a measure of rate from the loan) does not influence loss mitigation de-
a servicer’s financial constrainedness that is an economi- cisions and outcomes except through their effect on ser-
cally and statistically significant predictor of both servicer vicing advances outstanding and the balance sheet of the
actions and loan outcomes. From the standpoint of the in- servicer. Consequently, the manner in which a servicer’s
vestor, the optimal servicer action should not be influenced unique exposure to far away housing prices—conditional
by the balance sheet of the servicer. The fact that it is, on local housing prices—impairs its balance sheet is what
however, is indicative of an agency friction relating to the provides me with plausibly exogenous variation in a ser-
conflict between the servicer’s objective function and the vicer’s financial constraints. Concerns related to the exclu-
obligation to maximize investor value. A servicer’s financial sion restriction can be easily grouped into four broad cat-
constraints are measured through the amount of borrower egories: unobservable borrower characteristics, differential
monthly payments the servicer has been required to ad- servicer learning, servicer operational constraints, and ser-
vance in the immediate past, scaled by the servicer’s port- vicers as investors.
folio size (see Section 3.1). First, of particular concern is the possibility that unob-
This paper estimates the causal impact of a servicer’s servable borrower characteristics are correlated with the
financial constraints on a servicer’s actions. However, the measure of financial constraints, perhaps through system-
actions that a servicer takes regarding its delinquent loan atic correlation between a servicer’s geographic footprint
portfolio are going to have a direct impact on the amount and servicer quality or because a low-quality servicer se-
of servicing advances that it has to make. Advances are en- lected into a low-quality portfolio. Servicer-level fixed ef-
dogenous to servicer actions. Additionally, changes in ad- fects remove any time-invariant average effects while the
vance levels can be informative about the quality of the second dimension of fixed effects (interacted loan default
servicer or can inform the servicer about the quality of its year, property zip code, and borrower credit quality cate-
assets, consequently changing our interpretation of these gory) and borrower and loan covariates ensure that I am
behaviors or prompting the servicer to adjust its actions comparing very similar loans on a large number of impor-
accordingly. Finally, the level of servicer advances, loan tant dimensions. That no missing, important, unobservable
outcomes, optimal loss mitigation strategies, and the bor- borrower quality characteristics exist after these fixed ef-
rower’s ability to refinance (Palmer, 2015) can all be in- fects and controls remains an identifying assumption. I fur-
fluenced by macroeconomic or regulatory conditions. For ther address concerns that the unobservable quality of the
these reasons, I instrument outstanding advances with a borrower may vary systemtically with the level of servicer
servicer portfolio’s unique exposure to housing price re- financial constraints in Section 5.7. While time-invariant
turns (Griffin et al., 2020) over the 12-month period pre- servicer characteristics are removed with a fixed effect,
ceding the loan default. The calculation of this instru- the type or size of the servicer may still be important for
ment is detailed in Section 4.1. Variation in this instru- the interpretation of the results. Results remain largely the
ment stems from local and regional variation in the foot- same when the sample is restricted to only the largest
print of servicer portfolios (Loutskina and Strahan, 2011). servicers, as well as to servicers that are subsidiaries of
Housing price returns are measured at a precise geographic large financial institutions rather than specialized, mort-
level—the zip code of the property—and even national ser- gage only, entities.
vicers have important variations in their lending behavior Second, a concern remains that servicers with earlier
and experience distinct competitive environments at these exposure to loan defaults may behave differently than ser-
(and even smaller) geographic levels (Aiello et al., 2017). vicers that did not have similar exposure, not because

595
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

of lasting balance sheet impacts, but rather because they The zip log housing price returns, ZipHP Rett,z , are
have learned (or learned differently) about the behavior of weighted by the outstanding scheduled balance of the
borrowers. Murfin (2012) demonstrates that, in the com- servicer’s total mortgage portfolio available in BlackBox,
mercial loan market, banks that have recently experienced Svcr PortSchedBalt,z,s(i ) . This represents the unique exposure
higher numbers of defaults in their loan portfolio are more of a particular servicer s(i ) to housing price returns in
likely to write stricter contracts with future borrowers. The month t for a given CBSA, g(i ), and is calculated using the
dataset I utilize is updated on a monthly basis and is following:
widely available to all market participants in real time. A
servicer’s ability for marginal learning from its direct expe- OneMonthSvcrPortHP Rt,g(i ),s(i )

rience with defaults in a particular geography is not likely / g(i ) ZipHP Rett,z · Svcr P ortSchedBalt,z,s(i )
z∈
to be relevant conditional on the learning it can glean from =  , (3)
/ g(i ) Svcr P ortSchedBalt,z,s(i )
z∈
industry-wide and nation-wide defaults, which are con-
trolled for with a year fixed effect. To the extent a concern where OneMonthSvcrPortHP Rt,g(i ),s(i ) is the one month ser-
remains, I include a measure of the change in the count of vicer portfolio balance weighted log housing price return
delinquent loans in a particular servicer’s portfolio over the for all zip codes in month t for servicer s(i ) outside of
12-month period immediately preceding the loan’s default the CBSA, g(i ), associated with focal loan i. The values
as a percentage of all loans in the portfolio. Any learning of OneMonthSvcrPortHP Rt,g(i ),s(i ) over the 12-month period
on the part of the servicer is likely to be a function of the preceding the month of default, t, are then summed, as:
volume of delinquencies with which it has experience, not
the dollar amount of advances made on those delinquen- 12
Svcr PortHP Rt,g(i ),s(i ) = OneMonthSvcrPortHP Rt−n,g(i ),s(i ) ,
cies.
n=1
Third, the possible existence of a servicer operational (4)
constraint could confound the causal interpretation of this
instrument. As a servicer’s portfolio realizes worse hous- where Svcr PortHP Rt,g(i ),s(i ) is the instrument used through-
ing price returns, their advance volume increases, and they out the principal empirical specifications, 1-Year Servicer
suffer from an increase in delinquent mortgages. As oper- Portfolio Housing Price Return (Excluding Loan CBSA).
ational capacity constraints are reached, the servicer may
behave differently, adversely impacting the investor’s inter-
4.2. Empirical approach
ests. I address this through the inclusion of the change in
the count of portfolio delinquencies over the year prior to
The empirical strategy is a two-stage least squares
the focal loan’s delinquency (as a percentage of all loans
regression approach. In the first stage, I regress
in the servicer’s portfolio) as a measure of capacity con-
AdvF ract,s(i) on SvcrPortHPRt,g(i),s(i) . The regressions
straints. Operational constraints bind on the basis of loan
include a set of loan and borrower characteristic controls
count volume not advance balance. While contamination
and fixed effects at both the servicer and zip-year-credit
of my mechanism from operational constraints is relevant,
category level. For loan i, defaulting in month t, located in
the direction of my main finding—that constrained ser-
zip code z(i ) of loan i, CBSA g(i ) of loan i, and serviced by
vicers are more likely to take a loss mitigation action in
the servicer s(i ) of loan i, the first-stage regression is:
order to reduce their constraint—rules out the importance
of this effect. AdvF ract,s(i) = βF S · SvcrPortH PRt,g(i),s(i) + γ1 · ZipHPRett,z(i)
Finally, some servicers are also among the many in- + γ2 · DQCountt,s(i ) + γ3 · controlsi + i . (5)
vestors in the securitizations it services. When this is the
case however, the servicer most likely owns an equity (or The controls include the housing price return of zip
subordinate) tranche. Consequently, the servicer is more code z(i ) for the 12-month period preceding month t,
likely to make decisions that support the short-term cash ZipHP Rett,z(i ) , and the change in the volume of delinquen-
flow of the securitization at the expense of the bulk of the cies at servicer s(i ) over the 12-month period preceding
investors (Huang and Nadauld, 2019). In order for these month t, DQCountt,s(i ) . Additionally, servicer-level fixed
“servicer-investors” to represent a violation of the exclu- effects and a threefold interaction of fixed effects for the
sion restriction in my study, a servicer’s equity ownership year and zip code of default and the broad credit cate-
level must be negatively correlated with the housing price gory (Prime, Alt-A, and SubPrime) of the loan are included
returns it will later experience—a servicer would have to utilizing the estimator of Correia (2016). Finally, a vector
hold more equity in worse mortgage pools. of loan and borrower controls includes FICO, original note
rate, original loan-to-value, original loan balance, lien po-
sition, percentage of mortgage insurance coverage, as well
4.1. Instrument construction as indicators for whether the loan was an ARM, owner oc-
cupied, a purchase loan, for a single-family property, fully
Log housing price returns for zip code z in month t, income documented, interest only, balloon, or had mort-
ZipHP Rett,z , are gathered from the Zillow Home Value In- gage insurance.
dex (All Homes), hereafter ZHVI. The index uses a hedo- This first-stage regression yields the variation in servic-
nic regression framework that updates the value of every ing advances attributable to the housing price movements
home within a particular region in response to every trans- in geographies removed from the focal loan. The second-
action (Hartman-Glaser and Mann, 2016). stage estimates the causal impact of financial constraints

596
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

on servicer behavior and loan outcomes, credit default swap spread on the instrument at the loan-
month level and servicer-month level, respectively. Col-

Yi = βIV · Ad vF ract,s(i) + γ4 · ZipHPRett,z(i) umn (3) shows a coefficient magnitude approximately 34%
+ γ5 · DQCountt,s(i ) + γ6 · controlsi + νi , (6) greater than that of the servicer advance measure of finan-
cial constraints (implying IV coefficient estimates of about
where Ad vF ract,s(i) is the fitted value from Eq. (5) repre- 25% less than those reported throughout the paper). While
senting the variation in servicing advances attributable to the CDS spread measure of servicer financial constrained-
housing price movements in geographies removed from fo- ness works, the servicer advances measure is preferable
cal loan i. The coefficient βIV estimates the causal impact due to its availability for a more diverse cross-section of
of AdvF ract,s(i ) on Yi . servicers, as well as its closer conceptual proximity to the
To estimate the causal impact of financial constraints salient financial constraint faced by a manager in charge of
on servicer behavior, and to test whether there is com- the decision process related to delinquent loans.
plementarity between that relationship and the level of
agency friction between the servicer and the investor,
I implement a two-stage least squares setting analo- 4.4. NPV calculation
gous to Eq. (6) wherein I instrument AdvF ract,s(i ) using
Svcr PortHP Rt,g(i ),s(i ) and the interaction of AdvF ract,s(i ) This paper directly measures the magnitude of a
and an indicator for whether the focal loan was “high qual- realized agency cost borne by an investor in MBS.
ity,” IHQ , with an interaction between Svcr PortHP Rt,g(i ),s(i ) Ang et al. (20 0 0) and Singh and Davidson (2003) have
and the indicator IHQ . done this within the context of corporations and,
while not directly related to an agency problem,
4.3. First-stage results Ang et al. (2017) demonstrate that the short-term bud-
getary constraints of a municipality can lead it to take
Column (1) of Table 2 presents a first-stage estimate actions that destroy a significant amount of value for itself.
of Eq. (5) of −8.213. The results imply that a reduction While similar in spirit to the measure of investor losses
in housing prices at the servicer portfolio level is associ- found in Maturana (2017), who uses realized liquidation
ated with an increase in servicing advances over the same losses plus modification concessions as a percentage of
time period, which is precisely what is expected from the the principal balance, this paper directly measures the
economic motivation underlying this choice of a first-stage impact of a servicer’s actions using realized investor cash
setup. flows. The results are qualitatively identical using either
The first-stage result in column (1) of Table 2 is at calculation, subject to differences in the treatment of the
the defaulted loan observation level. The dependent vari- timing of cash flows and losses.
able and the instrument, which are changes in advances The monthly loan performance data provides a rich op-
and servicer portfolio housing price return respectively, are portunity to observe actual NPV outcomes of mortgage
better thought of as servicer-level variables. Accordingly, I servicer decisions for the investor.10 The NPV to the in-
also test the first stage at a servicer-month level to en- vestor of a servicer’s action is calculated by discounting
sure that the relationship between advances and housing the monthly loan-level cash flows to the investor back to
price returns is general. For the servicer-month specifica- the last current payment before the qualifying delinquent
tion, a generalized instrument with no geographic hold- episode. Monthly investor cash flows at the loan level are
out is used. Additionally, loan and borrower characteristic calculated by adding the monthly interest payment11 to
controls are excluded and fixed effects are included sep- the change in the loan’s scheduled balance and subtract-
arately at the servicer and year level. Column (2) shows ing any current period loss amounts. These cash flows are
that the estimated first-stage coefficient with this setup discounted at a rate equal to the note rate on the par-
is −3.385. The difference in the point estimates between ticular loan at origination. For loans still active as of the
columns (1) and (2) of Table 2 stem largely from differ- end of sample in December 2015, the remaining outstand-
ential weighting on servicers with large numbers of delin- ing payments due, at the P&I constant in December 2015,
quent loans in a particular month. I utilize the loan-level are treated as an annuity. If the loan is delinquent, is in
first-stage estimates reported in column (1) of Table 2 in bankruptcy or foreclosure, or is an REO property, a haircut
a two-stage least squares framework primarily because of 50% is applied to the annuity value.
it allows for the exclusion of housing price returns in
geographies surrounding the focal loan, as well as be-
10
cause its larger magnitude results in more conservative The NPV to the investor remains the focus of this paper due to data
IV estimates. limitations. The cash flows to the servicer are largely opaque. Government
cash incentives to modify, late fees from the borrower, foreclosure man-
As an alternative measure of servicer financial con-
agement fees, and REO marketing fees, as well as the costs of different
strainedness, I also utilize, for ten of the largest servicers, loss mitigation techniques (amongst many other examples) are unobserv-
the 5-year credit default swap spread rate for the subor- able. In addition, the haircuts and costs of borrowing relating to the fund-
dinate bond issuances of the servicer from Markit. Bond ing of the servicing advance obligation are unavailable.
11
issuances by the immediate (bank level) parent company The monthly interest payment is calculated as the loan balance
owned by the investor at the beginning of the month (the beginning
are chosen over those of the parent bank holding com- scheduled balance) times the interest rate net of servicing fees, divided
pany where available. Columns (3) and (4) of Table 2 re- by 12. If the rate net of all servicing fee strips is not available then the
port the first-stage results obtained from regressing the gross rate is used instead.

597
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Table 2
First stage.
This table reports regression results relating to the first-stage estimates obtained by regressing a measure of servicer
financial constraints, the 1-Year Change in Advances as a Percentage of Loan Portfolio Balance in columns (1) and (2),
and the Credit Default Swap Spread in columns (3) and (4), on the instrument, the 1-Year Servicer Portfolio Housing
Price Return all measured at the time of borrower first delinquency, and a vector of controls. Columns (1) and (3)
represent Eq. (5) at a loan level and column (1) is the specification used as the first stage in the two-stage least squares
setup that underlies all of the instrumental variable results. Columns (2) and (4) perform the same regressions at the
servicer level, restricting attention to servicer-months that also appear in columns (1) and (3). First-stage coefficient
estimates from the servicer level are smaller than at the loan level, implying that the use of the loan-level specification
results in a more conservative IV estimate. The instrument utilized for the loan-level specifications is the housing price
variation of the servicer’s portfolio for geographies outside of the CBSA in which the loan resides, while the servicer-
level specifications utilize no geographic holdout. Servicer-level 1-Year Change in Delinquency Count As % of Servicer
Portfolio Loan Count and fixed effects are included in all specifications. Additionally, the servicer-level specifications
have year fixed effects while the loan-level specifications include the 1-Year Zip Housing Price Return for the zip code
where the loan resides, as well as a vector of loan and borrower characteristic controls and an interacted zip-year-credit
category fixed effect. Values of both the 1-Year Change in Advances as a Percentage of Loan Portfolio Balance measure as
well as the Credit Default Swap Spread have been standardized for the sample utilized in each regression. t-statistics
in parentheses are heteroskedasticity-robust and clustered at the servicer level. Columns (1) and (3) are additionally
clustered at the zip level. ∗ ∗ ∗ , ∗ ∗ , and ∗ indicate statistical significance at the 1%, 5%, and 10% levels, respectively.

1-Year Change in Advances as a


Percentage of Loan Portfolio Balance Credit Default Swap Spread

Loan Servicer Loan Servicer


(1) (2) (3) (4)

1-Year Servicer Portfolio −8.213∗ ∗ ∗ −11.01∗ ∗ ∗


Housing Price Return (−5.00) (−5.48)
(Excluding Loan CBSA)

1-Year Servicer Portfolio −3.385∗ ∗ ∗ −9.131∗ ∗ ∗


Housing Price Return (−4.95) (−5.54)
(No Geo Holdout)

1-Year Zip Housing Price Return Yes — Yes —

1-Year Change in Delinquency Count Yes Yes Yes Yes


As % of Servicer Portfolio Loan Count

Loan/Borrower Characteristic Controls Yes — Yes —


Servicer FE Yes Yes Yes Yes
Zip-Year-CreditCat FE Yes — Yes —
Year FE — Yes — Yes

Number of observations 6,868,451 9348 1,102,186 494


Adj. R2 0.432 0.184 0.561 0.580

Incremental Adj. R2 0.026 0.009 0.035 0.051

5. Results able to do so. Sections 5.1 and 5.2 demonstrate this effect.
More financially constrained servicers are more likely to
In this section, I examine the actions that a servicer modify and foreclose on delinquent borrowers, and, con-
takes in response to an increase in its financial con- sequently, these borrowers are significantly less likely to
strainedness. A servicer has significant latitude in its abil- pay off their loan on their own. The financial constrained-
ity to perform its obligations towards the MBS investor but ness of mortgage servicers caused 442,857 foreclosures—
is contractually obligated to act in the investor’s best in- foreclosures that would have not occurred during the life
terests. The actions taken under financial constraints have of a particular loan had servicers been less constrained
the potential to significantly impact the value of the as- or had their constraints not mattered to the extent that
set. A servicer’s obligation to advance principal and in- they did. The impact of hundreds of thousands of fore-
terest payments to the investor in the event of borrower closures, through a spillover effect on the economy, rep-
delinquency represents a significant burden on its balance resents a tremendously important indirect cost of financial
sheet. A financially constrained servicer faces increased in- distress.
centives to relieve or avoid its advance obligation. When a The agency conflict between the servicer and the in-
borrower becomes delinquent, the servicer faces a choice: vestor in a securitization related to whether the ser-
either give the borrower an opportunity to self cure or ini- vicer should intervene (modify or foreclose) is exacerbated
tiate a default intervention, such as a modification or a in the presence of financial constraints. In Section 5.3,
foreclosure. Given that the servicer’s decision to allow the I exploit variation in the ease in which an investor is
borrower more time to self cure involves the servicer ef- able to monitor the servicer’s intervention decisions. For
fectively extending financing to a delinquent borrower, a delinquent loans of very high-quality the servicer’s deci-
financially constrained servicer will be less willing or less sion is much less complicated. These borrowers should

598
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

be given a more significant opportunity to self cure or bring themselves current or to pay off the loan in full. This
payoff their delinquent loans, implying lower monitor- change in behavior can be observed through an increase in
ing costs and lower agency frictions for these loans. For the likelihood of a default intervention amongst more con-
these low agency friction loans, a servicer’s financial con- strained servicers.
straints do not significantly impact that servicer’s decisions In Table 3 an indicator for whether the servicer inter-
nor the outcomes of delinquent loans. For loans of aver- vened in the loan default, Default Intervention, is regressed
age quality, when monitoring costs and agency frictions on a measure of servicer financial constrainedness. The co-
are relatively higher, the servicer’s financial constraints do efficient is positive and significant (coef. = 0.0113), imply-
matter. ing that an uninstrumented increase in advances is associ-
The outcomes related to the behavior of a financially ated with an increase in the likelihood of servicer default
constrained mortgage servicer, while undesirable from a interventions. The controls in the regression include a se-
social welfare perspective, may have been to the benefit ries of loan and borrower characteristic controls, as well
of the investor. In order to quantify the value of a partic- as the housing price return over the year prior to delin-
ular servicer’s actions to the investor, I measure the NPV quency for the zip code of the focal loan and the change in
of all cash flows to the investor subsequent to that action. the count of delinquencies in the servicer’s portfolio over
The servicer is contractually required to maximize the in- that same time frame. Fixed effects at the servicer level, as
vestor’s NPV when making loss mitigation decisions on its well as an interaction between zip-code, default year, and
behalf. Section 5.4 discusses results where the NPV of the credit category, are also included. Column (2) reports re-
realized cash flows of the delinquent mortgage loans is re- sults relating to a reduced form specification with the de-
gressed on the level of servicer financial constraints. Over- fault intervention indicator as an outcome variable. This re-
all, more financially constrained servicers take actions that duced form estimate implies that an increase in the port-
are costly to the investor. folio housing price return for a particular servicer is asso-
Even though constrained servicers modify and foreclose ciated with a decrease in its propensity to intervene with
on loans of better average quality (these borrowers were a distressed borrower. Column (3) of Table 3 reports an IV
more likely to pay off if left alone), their performance con- estimate of 0.140, implying that a one standard deviation
ditional on intervention was worse than those performed increase in the financial constrainedness of the servicer is
by less constrained servicers. Section 5.5 demonstrates the associated with a 14 percentage point increase in the prob-
impact that a servicer’s level of financial constrainedness ability of that servicer performing a default intervention.
has on the performance of its default interventions, con- This increase is relative to the servicer financing the bor-
ditional on a particular action being taken. Returning to rower in their delinquency, allowing the borrower to pay
investor NPV, a more precise measure of investor benefit, off the loan in full or to become current again. Column (4)
Section 5.6 demonstrates that individual modifications and presents robustness results related to the use of cumula-
foreclosures performed by more financially constrained tive levels of, rather than changes in, advances and demon-
servicers are, on average, worse. These investor NPV im- strates a qualitatively similar result.
pacts, conditional on outcome, are significantly smaller The rightmost portion of Table 3, columns (5)-(8),
than those that are unconditional on servicer action present IV specifications using indicator variables for major
or loan outcome (reported in Section 5.4). What finan- loan outcomes. A one standard deviation increase in the fi-
cially constrained servicers did that was most harmful to nancial constrainedness of the servicer increases not only
investors was to intervene at all. the probability of foreclosure by 9.06 percentage points,
Section 5.7 demonstrates that the unobservable qual- but also the probability of modification by 5.26 percent-
ity of borrowers at the time of origination is not corre- age points. Given that the servicer initiates a foreclosure on
lated with the financial constrainedness of the servicer at 24.04% of the sample and a modification on only 7.13%, the
origination—the loans in the sample look identical up until similar magnitude of the impact of financial constrained-
the first payment is missed (conditional on my regression ness on both options is surprising. While foreclosures in-
specification). The differences being measured only exist crease more than modifications in absolute terms, a con-
once the loan becomes delinquent and the servicer has the strained servicer performs relatively more modifications.
opportunity to (not) act. Columns (7) and (8) demonstrate the borrower outcomes
Finally, Section 5.8 explores the manner in which ca- that are being substituted for when the servicer intervenes.
pacity constraints interact with a servicer’s financial con- Delinquent borrowers who are given more time by an un-
straints, demonstrating that a more capacity constrained constrained servicer are more likely to be able to pay off
servicer has a decreased ability to respond to its financial their loan or bring themselves current. When servicers be-
constraints. come constrained, they are either unwilling or unable to
extend advance financing, which leads to more foreclo-
5.1. Default intervention sures and modifications.

This section analyzes the impact of a servicer’s finan- 5.2. Ultimate outcomes
cial constraints on the ability and willingness of the ser-
vicer to provide financing to a delinquent borrower. By Section 5.1 demonstrated that a constrained servicer
modifying or foreclosing on a delinquent borrower, the ser- intervenes more aggressively in the event of a borrower
vicer avoids advancing the monthly payments to the in- delinquency. The unit of observation for that specification
vestor. This denies the borrower the opportunity to either was the first episode of delinquency on any particular loan.

599
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Table 3
Default intervention.
This table reports results related to the estimation of a linear probability model regressing a series of loan outcome binary indicators (calculated
relative to the outcome of the borrower’s first episode of delinquency) on an instrumented 1-Year Change in Advances as a Percentage of Loan Portfolio
Balance measured at the time of borrower first delinquency, as well as a vector of controls and fixed effects. Column (1) additionally reports an
uninstrumented version of column (3), while column (2) reports the commensurate reduced form regression (Default Intervention indicator directly on
to the instrument). Column (4) duplicates column (3), but instead utilizing cumulative levels rather than changes in advances. A default intervention
is defined as either a foreclosure (column (5)), a modification (column (6)) or a liquidation. The coefficient estimate in column (3) is predominantly
relative to the counterfactuals of Paid-In-Full and Self Cure that are utilized in columns (7) and (8) respectively. Values of the 1-Year Change in Advances
as a Percentage of Loan Portfolio Balance and Advances as a Percentage of Loan Portfolio Balance measures have been standardized for the sample utilized
in each regression. t-statistics in parentheses are heteroskedasticity-robust and clustered at the servicer and zip levels. ∗ ∗ ∗ , ∗ ∗ , and ∗ indicate statistical
significance at the 1%, 5%, and 10% levels, respectively.

Default Intervention Foreclosure Modification Paid-In-Full Self Cure

Reduced
OLS Form IV IV IV IV IV IV
(1) (2) (3) (4) (5) (6) (7) (8)

1-Year Change in Advances as a 0.0113∗ ∗ ∗ 0.140∗ ∗ ∗ 0.0906∗ ∗ ∗ 0.0526∗ −0.0959∗ ∗ ∗ −0.0357


Percentage of Loan Portfolio Balance (2.88) (5.07) (4.51) (1.75) (−2.94) (−1.54)

Advances as a Percentage of 0.220∗ ∗ ∗


Loan Portfolio Balance (4.16)

1-Year Servicer Portfolio −1.154∗ ∗ ∗


Housing Price Return (−7.91)
(Excluding Loan CBSA)

1-Year Zip Housing Price Return −0.721∗ ∗ ∗ −0.291∗ ∗ ∗ −0.473∗ ∗ ∗ −0.484∗ ∗ ∗ −0.368∗ ∗ ∗ −0.103∗ ∗ 0.379∗ ∗ ∗ 0.124∗ ∗
(−16.28) (−7.17) (−10.40) (−9.61) (−7.30) (−1.98) (4.85) (1.97)

1-Year Change in Delinquency Count −0.000397 0.000153 0.00496 0.00332 0.00509 −0.000179 −0.00708 0.00125
As % of Servicer Portfolio Loan Count (−0.44) (0.17) (0.85) (1.61) (1.06) (−0.11) (−1.55) (0.55)

Loan/Borrower Characteristic Controls Yes Yes Yes Yes Yes Yes Yes Yes
Servicer FE Yes Yes Yes Yes Yes Yes Yes Yes
Zip-Year-CreditCat FE Yes Yes Yes Yes Yes Yes Yes Yes

Number of observations 6,868,451 6,868,451 6,868,451 6,868,451 6,868,451 6,868,451 6,868,451 6,868,451
Adj. R2 0.260 0.262 0.001

Dependent Variable Average 0.3135 0.3135 0.3135 0.3135 0.2404 0.0713 0.3961 0.2618

But does the impact of a servicer’s financial constraints on Additionally, a financially constrained servicer increases
a borrower’s outcome survive past just the first opportu- the rate at which loans are ultimately modified by 6.00
nity for the servicer to intervene? This section investigates percentage points per standard deviation increase in fi-
the impact that a servicer’s financial constraint has on a nancial constrainedness (column (5) of Table 4). The in-
borrower’s ultimate outcomes. For example, were they ever crease in foreclosures is ultimately at the expense of the
foreclosed on, did they ever receive a modification, or were loan being able to pay off in full, which is reduced by 9.53
they ever able to pay their loan off in full? percentage points per standard deviation increase in con-
Column (1) of Table 4 regresses an indicator, Ultimately strainedness (column (6) of Table 4).
Foreclosed, measuring whether the servicer ever initiated In all, a servicer’s financial constrainedness inflicted
foreclosure proceedings at any point in the life of the loan, over 442,0 0 0 extra foreclosures on the economy at large.
on the measure of servicer financial constrainedness at the These foreclosures were avoidable in the sense that if the
time of the borrower’s first delinquency and the standard mortgages had instead been serviced by an unconstrained
controls. This OLS coefficient is small (0.0156) but signif- servicer (or if the servicer’s financial constraints had not
icant, demonstrating a positive relationship between the mattered to the extent they did), the borrower would have
financial constrainedness of a servicer and the probabil- been able to pay off their loan in full, or bring themselves
ity of it ever initiating foreclosure. In column (2), the Ul- current.12
timately Foreclosed outcome variable is regressed in a re-
duced form setting on the housing price return for loans
in a servicer’s portfolio that exist in geographies outside
of the focal loan’s CBSA in a reduced form setting. Column 12
I do not account for the magnitude of the foreclosure externality it-
(3) demonstrates that a one standard deviation increase in self, the neighborhood spillover effect, in my analysis (Gupta, 2019). By
a servicer’s financial constraints at the time of borrower leaving out the impact of a large geographic area around the focal loan,
delinquency increases the probability that the servicer ever the causal estimator avoids measuring any spillover effects, as well as any
endogeneity introduced through a servicer internalizing those costs as in
forecloses on the borrower by 11.7 percentage points. Col-
Favara and Giannetti (2017). This exclusion leads to underestimations of
umn (4) presents robustness results related to the use of the devastating impact that a mortgage servicer’s financial constraints had
cumulative levels of, rather than changes in, advances. on the economy during the recent financial crisis.

600
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Table 4
Ultimate outcomes.
This table reports results related to the estimation of a linear probability model regressing a series of loan outcome binary indicators on
an instrumented 1-Year Change in Advances as a Percentage of Loan Portfolio Balance measured at the time of borrower first delinquency,
as well as a vector of controls and fixed effects. Column (1) additionally reports an uninstrumented version of column (3), while col-
umn (2) reports the commensurate reduced form regression (Ultimately Foreclosed indicator directly on to the instrument). Column (4)
duplicates column (3), but instead utilizing cumulative levels rather than changes in advances. Outcome indicators utilized in this table
are calculated in reference to ultimate outcomes on the loan. That is, regardless of the initial result of the borrower’s first episode of
delinquency, was this loan ever placed into foreclosure (column (3)), modified (column (5)), or paid off in full (column (6)). Values of the
1-Year Change in Advances as a Percentage of Loan Portfolio Balance and Advances as a Percentage of Loan Portfolio Balance measures have
been standardized for the sample utilized in each regression. t-statistics in parentheses are heteroskedasticity-robust and clustered at the
servicer and zip levels. ∗ ∗ ∗ , ∗ ∗ , and ∗ indicate statistical significance at the 1%, 5%, and 10% levels, respectively.

Ultimately Ultimately
Ultimately Foreclosed Modified Paid-In-Full

Reduced
OLS Form IV IV IV IV
(1) (2) (3) (4) (5) (6)

1-Year Change in Advances as a 0.0156∗ ∗ ∗ 0.117∗ ∗ ∗ 0.0600∗ −0.0953∗ ∗ ∗


Percentage of Loan Portfolio Balance (3.59) (5.45) (1.78) (−2.94)

Advances as a Percentage of 0.184∗ ∗ ∗

Loan Portfolio Balance (4.43)

1-Year Servicer Portfolio −0.964∗ ∗ ∗


Housing Price Return (−7.53)
(Excluding Loan CBSA)

1-Year Zip Housing Price Return −0.595∗ ∗ ∗ −0.248∗ ∗ ∗ −0.401∗ ∗ ∗ −0.409∗ ∗ ∗ −0.193∗ ∗ ∗ 0.380∗ ∗ ∗
(−7.27) (−3.55) (−5.50) (−5.62) (−3.75) (4.86)

1-Year Change in Delinquency Count 0.00137 0.00158 0.00560 0.00423∗ −0.000716 −0.00708
As % of Servicer Portfolio Loan Count (1.21) (1.33) (1.04) (1.92) (−0.46) (−1.55)
Loan/Borrower Characteristic Controls Yes Yes Yes Yes Yes Yes
Servicer FE Yes Yes Yes Yes Yes Yes
Zip-Year-CreditCat FE Yes Yes Yes Yes Yes Yes

Number of observations 6,868,451 6,868,451 6,868,451 6,868,451 6,868,451 6,868,451


Adj. R2 0.262 0.263 0.003 0.003

Dependent Variable Average 0.3986 0.3986 0.3986 0.3986 0.1646 0.3963

5.3. Agency friction severity not intervene, implying significantly reduced monitoring
costs for the investor. Alternatively, for average loans, in-
There is an agency conflict between the servicer and tervening may or may not be optimal, so the investor
the investor in a securitization regarding whether the ser- must monitor to ensure that the servicer is protecting
vicer should intervene (i.e. modify or foreclose) on a de- its interests. This increased uncertainty for average-quality
faulted loan. The severity of this agency conflict varies with loans is manifest in a rate of intervention that is much
how uncertain the servicer and investor are over what the closer to 50% than that for high-quality loans (33% com-
optimal action to take is, directly impacting monitoring pared to 17%, respectively). Additionally, interventions in
cost borne by the investor. I argue that for high-quality high-quality loans occur at a much lower rate, implying
delinquent loans, loans with origination FICOs greater than that there are fewer interventions to monitor and thus
or equal to 720 (24.9% of the regression sample) and orig- per-defaulted-loan monitoring costs are lower. Therefore,
ination LTVs less than or equal to 70% (28.8% of the re- agency frictions around intervention decisions are drasti-
gression sample), the servicer’s decision is “easier”—these cally reduced for high-quality loans, providing an ideal set-
borrowers are more likely (if allowed the opportunity ting to test whether servicers act differently according to
by their servicer) to bring themselves current, refinance, the severity of agency frictions. I test the hypothesis that
or sell their home. These borrowers have more at stake there is a complementarity between agency frictions and
in the property (LTV≤70) and better financial resources financial constraints in a regression setting where I hy-
(FICO≥720).13 pothesize two outcomes. First, that high-quality loans expe-
Because high-quality loans self cure or payoff with a rience interventions at much lower frequencies than loans
much higher frequency than loans of average quality, the of average quality. Second, that the coefficient on the in-
optimal action from the perspective of the investor is to teraction of a high-quality loan indicator and the servicer’s
financial constraints is negative, implying that monitoring
costs for high-quality loans are lower, so the servicer has
13
The interaction of this particular high-FICO and low-LTV threshold much less scope to allow its financial constraints to influ-
designates 8.9% of my regression sample as high-quality. Results are ro-
ence its decision making.
bust to various permutations of the threshold definition.

601
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Table 5
Financial constraints exacerbate agency frictions.
This table reports results demonstrating that servicers act differently according to the severity of their agency frictions.
Column (1) replicates the instrumental variables specification presented in column (3) of Table 3. Columns (2) and (3)
update column (1) by including a High-Quality Loan Indicator as well as an interaction term between that indicator and the
1-Year Change in Advances as a Percentage of Loan Portfolio Balance. These instrumental variable specifications utilize 1-Year
Servicer Portfolio Housing Price Return (Excluding Loan CBSA) as well as the interaction of that variable with the High-Quality
Loan Indicator to instrument for the advances variable and its interaction. Column (4) replicates the specification in column
(3) in the setting of column (3) of Table 4. Columns (3) and (4) drop from the Loan/Borrower Characteristic Controls set both
the origination FICO and origination LTV and also reduce the interacted zip code, delinquency year, credit category fixed
effect dimension by removing credit category. The value of the F -statistic testing whether the sum of the coefficients for the
advances term and the interaction term is equal to zero, along with the corresponding p-value is also reported. Values of the
1-Year Change in Advances as a Percentage of Loan Portfolio Balance measure have been standardized for the sample utilized
in each regression. t-statistics in parentheses are heteroskedasticity-robust and clustered at the servicer and zip levels. ∗ ∗ ∗ ,
∗∗
, and ∗ indicate statistical significance at the 1%, 5%, and 10% levels, respectively.

Default Intervention Ultimately Foreclosed

IV IV IV IV
(1) (2) (3) (4)

1-Year Change in Advances as a 0.140∗ ∗ ∗ 0.146∗ ∗ ∗ 0.138∗ ∗ ∗ 0.114∗ ∗ ∗


Percentage of Loan Portfolio Balance (5.07) (5.16) (4.92) (5.28)
High-Quality Loan Indicator −0.057∗ ∗ ∗ −0.112∗ ∗ ∗ −0.158∗ ∗ ∗
(−3.81) (−9.98) (−11.27)

1-Year Change in Advances as a −0.111∗ ∗ ∗ −0.0943∗ ∗ ∗ −0.0964∗ ∗ ∗


Percentage of Loan Portfolio Balance (−4.34) (−3.45) (−3.58)

× High-Quality Loan Indicator

1-Year Zip Housing Price Return −0.473∗ ∗ ∗ −0.473∗ ∗ ∗ −0.468∗ ∗ ∗ −0.401∗ ∗ ∗


(−10.40) (−10.65) (−9.97) (−5.28)

1-Year Change in Delinquency Count 0.00496 0.00474 0.00470 0.00538


As % of Servicer Portfolio Loan Count (0.85) (0.83) (0.84) (1.06)

Loan/Borrower Characteristic Controls Yes Yes — —


Loan/Borrower Characteristic Controls (Adj) — — Yes Yes
Servicer FE Yes Yes Yes Yes
Zip-Year-CreditCat FE Yes Yes — —
Zip-Year FE — — Yes Yes

Number of observations 6,868,451 6,868,451 6,868,451 6,868,451


Adj. R2 0.003

F -Stat: Advances + Interaction = 0 (0.94) (1.40) (0.40)


p-Value 0.33 0.24 0.53

Columns (2) and (3) of Table 5 report the results of this quencies than do the average loan, the coefficient on High-
test by replicating column (3) of Table 3 (itself displayed Quality Loan Indicator is negative (−0.112) and significant.
as column (1) of Table 5). Column (3) drops FICO and LTV Most importantly, the interaction term has a negative co-
from the set of Loan/Borrower Characteristic Controls and efficient (−0.094) and is significant, indicating that there
reduces one of the fixed effect dimensions from Zip-Year- is a significantly reduced sensitivity to servicer financial
Credit Category to just Zip-Year. Additionally, I include an constraints in high-quality (low agency friction) loans. I
indicator for whether the focal loan had both an origina- demonstrate that constrained and unconstrained servicers
tion LTV less than or equal to 70% and a FICO score at orig- act identically in their decision-making related to high-
ination equal to or greater than 720, as well as the inter- quality loans by testing whether the coefficients on ad-
action between that indicator and my standard measure of vances and advances interacted with a high-quality indica-
financial constraints. The financial constraints measure is tor offset each other. I fail to reject the null hypothesis that
instrumented with servicer portfolio housing price returns constrained and unconstrained servicers act the same in
and the interaction term is instrumented with the inter- regards to high-quality loans with an F -stat of 1.40. These
action of the high-quality loan indicator and the servicer results indicate that when monitoring costs are low, a ser-
portfolio housing price return. In this setting, I find an es- vicer’s financial constraints do not impact their decision
timate of the effect of financial constraints on the prob- making.
ability of a servicer intervening in a defaulted loan to be The benefit in utilizing this high-quality loan setting to
remarkably similar to my main specification—a coefficient explore heterogeneous agency frictions is that the variation
of 0.138 in column (3) of Table 5—indicating that finan- occurs at the loan level rather than at the securitization or
cially constrained servicers modify and foreclose more ag- servicer level. Examining agency friction variations at the
gressively. Additionally, validating my hypothesis that high- loan level ensures that the role of advances and financial
quality loans experience interventions at much lower fre- constraints are held constant. Other potential dimensions

602
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

along which agency frictions might vary include comparing curred had the servicer been less financially constrained.15
agency to non-agency securitizations—or even securitiza- The magnitude of this realized agency cost, however, is
tions to portfolio loans—but the different advance regimes also influenced by the poor state realization of the econ-
in these alternate settings14 confound any apparent differ- omy.
ing sensitivities to financial constraints. Table 6 reports results relating to the overall impact
I extend my tests of these hypotheses to the setting that a financially constrained servicer’s action (or inac-
with an outcome variable measuring whether a loan was tion) had on investor value. A servicer’s decision to push
ever ultimately foreclosed on, following the specification a modification or a foreclosure on a borrower that would
for column (3) of Table 4. In column (4) of Table 5 I again have been able to self cure or pay-off, in addition to a
find that financially constrained servicers are more likely servicer’s poor handling of foreclosures and modifications
to foreclose (coef. = 0.114), that high-quality loans are less themselves, destroys an immense amount of value for its
likely to be foreclosed on (coef. = −0.158), the financial principal. Column (1) of Table 6 presents the results of an
constrainedness of servicers matter significantly less for OLS specification, where the NPV of the loan cash flows
high-quality loans (coef. = −0.096), and that I cannot re- after default are regressed on a measure of the financial
ject that—in regards to high-quality loans—servicers act the constrainedness of the servicer. Columns (2) and (3) of
same regardless of whether or not they are financially con- Table 6 estimate a reduced form and second-stage spec-
strained (F -stat = 0.40). ification respectively with the NPV of the future investor
One potential concern with the above findings is that cash flows as the outcome variable. Column (4) presents
there may be differential incentives on the part of the ser- robustness results related to the use of cumulative levels
vicer to intervene that correlate with the quality of the of, rather than changes in, advances.
loan. This is only a potential concern insofar as these in- Column (3) of Table 6 reports results relating to the
centives are related to the financial constraints of the ser- overall impact that a financially constrained servicer’s ac-
vicer (otherwise the effects get absorbed in the indicator tion (or inaction) had on investor value. A financially con-
for high-quality loans). However, as long as the action the strained servicer destroyed $21,633 of investor value per
investor would like the servicer to take is easily observ- loan, for every standard deviation increase in the level of
able and contractible, the servicer’s incentives do not mat- financial constrainedness. Loans in sample had an average
ter. The servicing contract requires the servicer to act in balance at the time of default of $243,996. Therefore, a one
the investor’s interests, particularly in regards to modifi- standard deviation increase in constrainedness reduces in-
cations. “[T]he Master Servicer may also waive, modify, or vestor value by 8.87% of the outstanding principal value
vary any term of any Mortgage Loan. if in the Master Ser- of the loan at the time of default. Because the expected
vicer’s determination such... modification... is not materi- NPV of a defaulted loan has to be less than its outstanding
ally adverse to the interests of the Certificateholders... ” principal balance, this represents a theoretical lower bound
(RALI Series 20 07-QS6, 20 07). These results demonstrate on the actual loss percentage suffered by an investor due
that a servicer behaves differently according to the sever- solely to the level of financial constrainedness observed for
ity of the agency friction environment. High-quality loans, the servicer at the time of the first delinquency. The aver-
as contrasted with loans of average quality, leave much less age NPV for the investor, at the time of first delinquency,
scope for the servicer to make a decision, have lower mon- is $185,130. Thus, a true percentage loss figure closer to
itoring costs, and consequently have less severe agency 11.7% per standard deviation increase in the financial con-
frictions. The servicer’s financial constraints matter signifi- strainedness of the servicer is more likely.
cantly less in their decision making with high-quality loans Finally, in column (5) of Table 6, I demonstrate that
than with loans of average quality. for high-quality loans (loans with low agency frictions),
there is no sensitivity in the investor’s NPV outcome to a
servicer’s financial constraints. The coefficient on financial
5.4. Investor value constraints is −22,604, similar to that reported in column
(3) of Table 6. Furthermore, high-quality loans have much
To characterize the actions of a financially constrained higher investor NPV relative to average-quality loans (coef.
servicer as pinning down an agency cost, I determine the = 18,485) and the sensitivity to a servicer’s financial con-
impact on the NPV (at the time of first delinquency) of the straints is eliminated for high-quality loans (coef = 31,648,
future cash flows to the investor. Section 4.4 details the F -stat = 2.39, testing whether the financial constraint and
methodology of these calculations. Because precise data re- interaction coefficients offset).
lating to the investor cash flows is available subsequent Overall, investors that purchased $4.65 trillion in pri-
to default, the exact impact of a servicer’s level of fi- vate label MBS prior to the financial crisis suffered $81.71
nancial constrainedness can be determined. The outcomes billion in realized agency costs (accounting for 20.21% of
observed, while representing an ex-post outcome, are an all investor value losses) associated with hiring an agent
agency cost in the sense that they would not have been in- that, in the presence of financial constraints, would inter-
vene aggressively in the event of default rather than pro-

14
For example, servicers of loans in Fannie Mae securitizations only ad-
15
vance the first four delinquent payments and servicers of loans held in Even considering that an investor might prefer sacrificing some NPV
the portfolio of their parent entity never advance to themselves at all un- to keep a struggling mortgage servicer afloat, the servicer’s financial con-
der REMIC regulations. strainedness itself will still impose a loss that represents an agency cost.

603
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Table 6
Investor value.
This table reports results demonstrating the causal impact of a servicer’s financial constraints, as measured at the time of borrower
first delinquency by the 1-Year Change in Advances as a Percentage of Loan Portfolio Balance, on the NPV for the investor. Column (1)
reports the coefficient estimate for an uninstrumented OLS specification, column (2) displays the reduced form specification wherein
Investor NPV is regressed directly on the instrument 1-Year Servicer Portfolio Housing Price Return (Excluding Loan CBSA), and column
(3) utilizes an instrumental variables framework to report the causal estimate. Column (4) duplicates column (3), but instead utilizing
cumulative levels rather than changes in advances. Column (5) replicates the setting in Table 5 including an indicator for whether the
focal loan was high-quality as well as an interaction of that indicator with the advances measure of financial constraints. Advances
are instrumented as in column (3), whereas the interaction term is instrumented with the interaction of the indicator and that same
instrument. The standard controls and fixed effects are utilized throughout. Values of the 1-Year Change in Advances as a Percentage of
Loan Portfolio Balance and Advances as a Percentage of Loan Portfolio Balance measures have been standardized for the sample utilized
in each regression. t-statistics in parentheses are heteroskedasticity-robust and clustered at the servicer and zip levels. ∗ ∗ ∗ , ∗ ∗ , and ∗
indicate statistical significance at the 1%, 5%, and 10% levels, respectively.

Investor NPV

Reduced
OLS Form IV IV IV
(1) (2) (3) (4) (5)

1-Year Change in Advances as a −1,906.0∗ ∗ −21,663.0∗ ∗ ∗ −22,604∗ ∗ ∗


Percentage of Loan Portfolio Balance (−2.03) (−3.62) (−3.67)

Advances as a Percentage of −33,993.8∗ ∗ ∗


Loan Portfolio Balance (−3.27)

High-Quality Loan Indicator 18,485∗ ∗ ∗


(5.87)

1-Year Change in Advances as a 31,648∗ ∗ ∗


Percentage of Loan Portfolio Balance (8.31)
× High-Quality Loan Indicator

1-Year Servicer Portfolio 177,918.3∗ ∗ ∗


Housing Price Return (4.93)
(Excluding Loan CBSA)

1-Year Zip Housing Price Return 99,470.9∗ ∗ ∗ 33,574.3∗ 61,658.2∗ ∗ ∗ 63,225.4∗ ∗ ∗ 60,648∗ ∗ ∗
(6.33) (1.67) (3.46) (3.50) (3.37)

1-Year Change in Delinquency Count −108.3 −186.4 −927.3 −675.5 −857.0


As % of Servicer Portfolio Loan Count (−0.33) (−0.57) (−0.90) (−1.59) (−0.87)

Loan/Borrower Characteristic Controls Yes Yes Yes Yes —


Loan/Borrower Characteristic Controls (Adj) — — — — Yes
Servicer FE Yes Yes Yes Yes Yes
Zip-Year-CreditCat FE Yes Yes Yes Yes —
Zip-Year FE — — — — Yes

Number of observations 6,868,451 6,868,451 6,868,451 6,868,451 6,868,451


Adj. R2 0.830 0.830 0.670 0.671 0.674

Dependent Variable Average 185,130 185,130 185,130 185,130 185,130


F -Stat: Advances + Interaction = 0 (2.39)
p-Value 0.12

viding the financing (and the time) the borrower needed less servicer expenses divided by the outstanding principal
to help themselves. balance, all at the time of liquidation).
Column (1) of Table 7 regresses the foreclosure liqui-
5.5. Performance of foreclosures and modifications dation loss severity for loans where the servicer success-
fully foreclosed on the borrower after the first episode of
Conditional on a servicer undertaking a foreclosure, delinquency on the servicer’s financial constrainedness at
does its financial constrainedness impact its performance? the time of first delinquency. For every one standard devia-
There are many dimensions under which a servicer can in- tion increase in the servicer’s financial constrainedness the
fluence the performance of foreclosures once the foreclo- loss severity on the loan increased by 4 percentage points.
sure has begun (the “first legal date”). Examples include The loss severity represents the average percentage of the
the speed at which the servicer is able to get the loan to principal balance that the investor wrote-off because of the
the foreclosure auction, the price the servicer receives at foreclosure, and had an average value of 68.03% in sam-
auction, and the expenses the servicer incurs during the ple. While this result suggests a particular form of investor
process. Many of these items are difficult to disentangle. value destruction conditional on the servicer initiating a
A simple measure of the performance of the servicer, con- foreclosure, Section 5.6 investigates this more by utilizing
ditional on foreclosure, is the loss severity (sales proceeds the investor NPV calculated at the time of first default.

604
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Table 7
Performance of foreclosures and modifications.
This table reports results relating to the performance and characteristics of foreclosures and modifications performed on loans following their first
episode of delinquency. Column (1) reports, conditional on a loan being foreclosed on during its first episode of delinquency, the results from
regressing the Foreclosure Liquidation Loss Severity on an instrumented measure of servicer financial constraints, the 1-Year Change in Advances as
a Percentage of Loan Portfolio Balance measured at the time of borrower first delinquency, and the standard controls and fixed effects. Columns
(2) and (3) report the results from regressing the percentage point reduction in interest rate associated with a modification on an instrumented
measure of servicer financial constraints, the 1-Year Change in Advances as a Percentage of Loan Portfolio Balance measured at the time of borrower
first delinquency, and the standard controls and fixed effects. Columns (4) and (5) regress indicators of whether the loan again became delinquent
three and twelve months respectively, after the modification brought the loan current on the measure of servicer financial constraints and the
standard controls and fixed effects. Columns (2)-(5) condition on a loan being modified during its first episode of delinquency. Columns (2) and
(3) further condition on the loan being a fixed rate loan both prior and subsequent to the modification, and column (3) on the modification
performed containing some interest rate reduction component. Values of the 1-Year Change in Advances as a Percentage of Loan Portfolio Balance
measure have been standardized for the sample utilized in each regression. t-statistics in parentheses are heteroskedasticity-robust and clustered
at the servicer and zip levels. ∗ ∗ ∗ , ∗ ∗ , and ∗ indicate statistical significance at the 1%, 5%, and 10% levels, respectively.

Foreclosure Liquidation Modification Interest 3mo 12mo


Loss Severity Rate Reduction Redefault Redefault

FC Only Fixed Rate Mods FR Int Rt Red. Mod Only Mod Only
IV IV IV IV IV
(1) (2) (3) (4) (5)

1-Year Change in Advances as a 0.0400∗ ∗ 1.689∗ ∗ ∗ 0.727∗ 0.0704∗ 0.0618∗


Percentage of Loan Portfolio Balance (2.49) (2.98) (1.86) (1.97) (1.82)

1-Year Zip Housing Price Return −0.108∗ ∗ ∗ −0.829 0.120 −0.0794 −0.0855
(−3.61) (−1.39) (0.39) (−1.34) (−1.11)

1-Year Change in Delinquency Count 5.32e-06 −0.211 −0.419 0.0369∗ ∗ 0.0303∗


As % of Servicer Portfolio Loan Count (0.00) (−0.70) (−0.46) (2.24) (1.67)

Loan/Borrower Characteristic Controls Yes Yes Yes Yes Yes


Servicer FE Yes Yes Yes Yes Yes
Zip-Year-CreditCat FE Yes Yes Yes Yes Yes

Number of observations 1,353,649 110,219 33,325 440,921 440,921


Adj. R2 0.050 0.143 0.004

Dependent Variable Average 68.03% 1.16% 3.05% 0.3498 0.5426

A financially constrained servicer is able to minimize its the average interest rate reduction, conditional on a modi-
future servicing advance obligation and more quickly re- fication with a reduction, is 3.05 percentage points. A one
cover outstanding advances by increasing the rate at which standard deviation increase in the constrainedness of the
it modifies loans. To increase the rate of modification, the servicer implies a decrease in the post-modification rate of
servicer increases the benefits of modification to the bor- an additional 0.73 percentage points.
rower by offering better terms. An interest rate reduction, While a financially constrained servicer makes more
while costly to the investor, is beneficial to both the bor- modifications and provides the borrower with a lower
rower and servicer. The borrower benefits from a lower monthly principal and interest payment, whether or not
rate and the servicer has lowered the monthly payment he this is beneficial to the investor is unclear. The standard
is obligated to advance in the event the modified loan re- measure of the success of a particular modification is
defaults (the likelihood of which is also reduced given the whether or not the borrower redefaulted (missing at least
lower interest rate). An interest rate reduction does not im- one payment after modification completion) within a spec-
pact the servicer’s monthly fee strip. ified time frame. The average redefault rate is increasing in
Columns (2) and (3) of Table 7 report results relating to the redefault window; 34.98% of modified loans in sample
the impact that financial constraints have on the terms of went delinquent within three months after the completion
completed modifications. Conditional on a fixed-rate mort- of the modification. A year after the modification, 54.26%
gage being modified, column (2) estimates Eq. (6) where were again delinquent. While these estimates seem gener-
the dependent variable is the percentage point reduction ally indicative of poorly designed loss mitigation strategies
in interest rate after the modification. The average mod- on behalf of the servicers, the estimates are in line with
ification reduces the borrower’s rate by 1.16 percentage previous studies (An and Cordell, 2017) for modification
points, and, for every standard deviation increase in the success rates during the recent financial crisis. Columns
financial constrainedness of the servicer, the borrower re- (4) and (5) of Table 7 measure the impact that the fi-
ceives an additional 1.7 percentage point decrease in their nancial constrainedness of a servicer has on the effective-
mortgage rate. Column (2) of Table 7 reports the impact of ness of its modifications by implementing the instrumen-
financial constraints on the size of the modification inter- tal variables framework of Eq. (6) at the level of a modi-
est rate reduction, conditional only on modification. Col- fied loan utilizing a binary indicator of whether or not the
umn (3) additionally conditions on the modification in- loan redefaulted. Columns (4) and (5) use 3-month and 12-
cluding an interest rate reduction component. In this case, month redefault rates, respectively, as the dependent vari-

605
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

ables. Both coefficients are positive and qualitatively sim- these liquidations is invariant to the particular actions of
ilar and suggest that for every one standard deviation in- the servicer.
crease in the financial constrainedness of the servicer, the
redefault rate increases by 7.04 and 6.18 percentage points 5.7. Unobservable borrower quality
at 3-month and 12-month horizons, respectively.
This increase in redefault rate comes despite the more My identification strategy is subject to the important
generous terms provided to the borrower through an in- caveat that unobservable characteristics of the borrower
terest rate reduction. This suggests some additional com- and loan at origination look the same across servicers that
ponent regarding the modification terms provided or ac- will experience different levels of financial constrained-
tions performed by financially constrained servicers that ness. The observation that a particular servicer is servicing
remains unobserved. Section 5.6 discusses results measur- a particular loan might provide information as to the bor-
ing the impact of financial constraints on the investor NPV, rower’s unobserved type, which in turn could influence the
conditional on modification, which will account for the to- appropriate value-maximizing decision on the part of the
tality of a constrained servicer’s impact on investor out- servicer.16 To address this possibility, I first control for all
comes. Overall, the results in Tables 3 and 7 suggest a hi- observable loan and borrower characteristics. Additionally,
erarchy in the actions of a financially constrained servicer I include a servicer-level fixed effect to remove any time-
that is consistent with a financial constraints motivation. invariant average effect (such as manager skill), as well
Constrained servicers are more aggressive in performing as an interacted fixed effect of year, zip, and credit cate-
foreclosures, at the expense of loans that would have paid gory that ensures I am comparing similar loans. To address
off. Then, because modifications recover advances faster on any remaining concerns with this identifying assumption,
average than do foreclosures, some modifications would I propose three tests that are ultimately suggestive of no
have been better off as foreclosures from the perspective of relationship between the financial constrainedness of the
investors. While Table 3 shows that, in total, more foreclo- servicer and the unobservable quality of the borrower at
sures are performed than modifications due to the finan- the time of origination.
cial constraints of servicers, in relative terms the increase Columns (1) and (2) of Table 9 regress an indicator for
in modifications is much greater. whether the loan ever went delinquent over a one-year or
a five-year window, respectively, following loan origination
5.6. Conditional investor value on the financial constrainedness of the servicer at the time
of loan origination and the standard controls (measured at
A financially constrained servicer modifies and fore- the time of loan origination, where applicable). No statisti-
closes on loans that, had they been left alone, would have cally significant relationship between a servicer’s financial
paid-off or self cured. Consequently, the overall perfor- constrainedness and the probability of their serviced loans
mance of these loans, conditional on a servicer’s actions, going delinquent is identified.
could be better than that of loans foreclosed and modified Column (3) demonstrates that no statistically significant
by unconstrained servicers. However, Section 5.5 demon- relationship exists between the length of time it took for a
strates that the actions of a servicer under financial stress borrower to go delinquent and the financial constrained-
have a deleterious impact on the performance of both fore- ness of the servicer at the time of loan origination. The
closures and modifications. This section demonstrates that, servicer has little to no opportunity to influence the time
conditional on a loan being either foreclosed or modified, it takes for a borrower to go delinquent. Conditional on
greater levels of servicer financial constrainedness at the the fixed effect structure, loans serviced by financially con-
time of loan first delinquency reduce investor NPV. Despite strained servicers look identical to those serviced by un-
the fact that constrained servicers are modifying and fore- constrained servicers up until the first missed payment.
closing on loans that are in some sense “better,” they still They only diverge once they go delinquent and the servicer
destroyed value on average. has the opportunity to react.
Column (1) of Table 8 demonstrates that, conditional Aiello (2016) shows that a borrower that makes their
on foreclosure, a financially constrained servicer performed initial few monthly payments at least one business day be-
significantly worse than an unconstrained one from the fore their actual due date (generally the first of the month)
perspective of the investor. For every standard devia- on a regular basis has a sharply reduced likelihood of ever
tion increase in the financial constrainedness of the ser- going delinquent in the future. This propensity to pay an
vicer, the investor NPV of the foreclosure was reduced obligation before it is due, “borrower diligence,” is unob-
by $10,727. Column (2) demonstrates that, conditional on servable at origination. Following this idea, I measure the
modification, a financially constrained servicer performed number of payments made before they were due during
modifications that had worse investor NPV outcomes than an early period of the life of the loan and regress this
those performed by an unconstrained one. Regressing in- on the level of financial constrainedness of the servicer at
vestor NPV on an instrumented measure of financial con- loan origination. Columns (4), (5), and (6) of Table 9 re-
straints results in per standard deviation value destruction port these results. No statistically significant relationship
of $6352 on average across all modifications. Column (3) exists between the financial constrainedness of the servicer
shows that the financial constrainedness of the servicer
has little impact on the performance of short sale and 16
See DeMarzo (2005), Aiello (2016), Begley and Purnanandam (2017),
charge-off liquidations. Demonstrating that, beyond decid- and Adelino et al. (2019) on the information asymmetries found in the
ing which loss mitigation tactic to take, the outcome of pooling and tranching of mortgages.

606
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Table 8
Conditional investor value.
This table reports instrumental variable regression results similar to that of column (3) in
Table 6 with further conditioning based on the servicer action taken after the first episode
of borrower delinquency. Columns (1)-(3) condition on foreclosure, modification, and liqui-
dation (generally a charge-off or a short sale) respectively. Values of the 1-Year Change in
Advances as a Percentage of Loan Portfolio Balance measure have been standardized for the
sample utilized in each regression. t-statistics in parentheses are heteroskedasticity-robust
and clustered at the servicer and zip levels. ∗ ∗ ∗ , ∗ ∗ , and ∗ indicate statistical significance at
the 1%, 5%, and 10% levels, respectively.

Investor NPV

FC Only Mod Only Liq Only


IV IV IV
(1) (2) (3)

1-Year Change in Advances as a −10,727.0∗ ∗ ∗ −6,382.1∗ ∗ −63.38


Percentage of Loan Portfolio Balance (−3.00) (−2.03) (−0.02)

1-Year Zip Housing Price Return 12,330.9∗ −31,785.5∗ 6,292.2


(1.68) (−1.93) (0.32)

1-Year Change in Delinquency Count 85.28 0.419 11,692.5


As % of Servicer Portfolio Loan Count (0.21) (0.00) (0.30)

Loan/Borrower Characteristic Controls Yes Yes Yes


Servicer FE Yes Yes Yes
Zip-Year-CreditCat FE Yes Yes Yes

Number of observations 1,592,194 440,921 7306


Adj. R2 0.576 0.588 0.655

Dependent Variable Average 123,560 168,093 33,610

Table 9
Unobservable borrower quality.
This table regresses various measures of unobservable borrower quality on an instrumented measure of servicer financial constraints, the 1-Year Change
in Advances as a Percentage of Loan Portfolio Balance, measured at the time of loan origination. Columns (1) and (2) utilize the full sample of loans
in the BlackBox dataset (unconditional on delinquency) and regress an indicator of delinquency over a 1-year and 5-year (post-origination) window,
respectively, on the servicer’s financial constraints at the time of loan origination. Column (3) regresses the number of months between loan origina-
tion and the borrower’s first delinquency on the servicer’s financial constraints at the time of loan origination. Columns (4)-(6) utilize a measure of
unobservable borrower quality related to the frequency with which the borrower makes their monthly payment at least a day before it is due. This
measure has been established in the literature as highly correlated with future loan delinquency and default outcomes and is, crucially, unobservable
at the time of loan origination. Values of the 1-Year Change in Advances as a Percentage of Loan Portfolio Balance measure have been standardized for
the sample utilized in each regression. t-statistics in parentheses are heteroskedasticity-robust and clustered at the servicer and zip levels. ∗ ∗ ∗ , ∗ ∗ , and

indicate statistical significance at the 1%, 5%, and 10% levels, respectively.

DQ Prob DQ Prob Months To Early Payments, Early Payments, Early Payments,

1-Year 5-Year First DQ Mos 1–6 Mos 4–6 Mos 4–9


IV IV IV IV IV IV
(1) (2) (3) (4) (5) (6)

1-Year Change in Advances as a 0.0309 0.0375 −3.145 −4.371 −0.244 −0.928


Percentage of Loan Portfolio Balance (0.55) (0.77) (−1.45) (−1.03) (−0.87) (−0.97)
At Origination

1-Year Zip Housing Price Return −0.0358 −0.0572 4.807∗ −0.169 0.190 0.501
At Origination (−0.65) (−1.16) (1.84) (−0.06) (0.70) (0.75)

1-Year Change in Delinquency Count As % of 2.65e-04 −2.02e-04 −0.0252 −6.850 −0.0564 −0.203
Servicer Portfolio Loan Count, At Origination (0.57) (−0.35) (−0.68) (−1.09) (−0.83) (−0.88)

Loan/Borrower Characteristic Controls Yes Yes Yes Yes Yes Yes


Servicer FE Yes Yes Yes Yes Yes Yes
Zip-Orig. Year-CreditCat FE Yes Yes Yes Yes Yes Yes

Number of observations 8,889,284 8,889,284 6,363,798 2478 2,514,099 2,227,485


Adj. R2 0.012 0.016 0.013

Dependent Variable Average 0.25 0.74 25.47 1.87 0.93 1.84

607
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

at the time of origination and a measure of the borrower’s the severity of the delinquency. To the extent there ex-
unobservable quality, as inferred by observing initial pay- ists differences in the fixed costs of intervening, they are
ment habits. largely driven by institutional differences correlated (and
The probability of delinquency, the time to borrower removed) with a zip code level fixed effect. Column (1)
first delinquency, and the borrower’s payment habits are of Table 10 replicates column (3) of Table 3 for compari-
measures of quality that have nothing to do with the ser- son. Column (2) omits any control for capacity constraints,
vicer. These measures, unobservable at origination, show demonstrating that the principal coefficient related to ser-
that financially constrained servicers do not have loans vicer financial constraints is largely unaffected by whether
that vary, even unobservably, from those serviced by un- I control for a measure of servicer capacity constraints.
constrained servicers—at least until the borrower goes The main result of this paper demonstrates that a ser-
delinquent and the servicer has the opportunity to (not) vicer, when faced with an increase in its financial con-
act. strainedness, will act to aggressively modify and foreclose
on the delinquent loans in its portfolio to recover out-
5.8. Capacity constraints standing advances on these loans as quickly as possible.
Because servicers face operational constraints with respect
In this section, I explore the role that capacity con- to the number of delinquent loans they are capable of han-
straints play in my setting. My first objective is to demon- dling, when they are overwhelmed with delinquencies, we
strate that my measure of financial constraints, servicer ad- should expect a relatively more capacity constrained ser-
vances, is not likely to be confounded to a meaningful de- vicer to be significantly less able to respond to increased
gree with the capacity constraints of the servicer. Secondly, financial constraints by increasing the rate at which he is
I explore the relationship between capacity constraints and modifying and foreclosing on delinquent loans.
financial constraints in a servicer’s decision-making. I test this hypothesis by replicating, in columns (3)
One possible challenge to the interpretation of my and (4) of Table 10, column (3) of Table 3 split into
causal mechanism as being related to the financial con- two samples. The sample is split between loans that first
strainedness of the mortgage servicer is the fact that a went delinquent at a time when the servicer of that loan
financially constrained servicer is also likely to be opera- was experiencing below median levels of delinquency as
tionally constrained. An influx of delinquent loans not only a percentage of their portfolio loan count (column (3) of
requires a large outflow of cash in the form of servicing ad- Table 10, Low Capacity Constraint), and when they were ex-
vances, but also necessitates a significant operational com- periencing above median levels (column (4) of Table 10,
mitment to appropriately handle these loans. Although, as High Capacity Constraint). As these results demonstrate, a
discussed in Section 4, the likelihood that this explains my servicer with low capacity constraints is nearly twice as
result remains low due to their direction (i.e., Table 3), I responsive to their financial constraints in their decision
include throughout the paper the change in the count of to intervene as a servicer with high capacity constraints.
servicer portfolio delinquencies for the year prior to loan Thus, a servicer facing a large volume of delinquent loans
delinquency as a percentage of the total loans in the ser- is not able to increase their default intervention activity in
vicer’s portfolio, as a control. response to their financial constraints to the same extent
My measure of financial constraints, the recent change as a servicer facing a relatively low level of delinquencies.
in the amount of servicing advances paid out by a servicer
as a percentage of its loan portfolio balance, consists of
6. Conclusion
three sources of variation: the number, loan balance (size),
and the delinquency severity of the delinquent loans in a
This paper analyzes the relationship between financial
servicer’s portfolio. By controlling for the count of servicer
constraints and agency costs by exploiting an important
delinquencies, I allow my servicer housing price return in-
aspect of the institutional setting of securitizations. A fi-
strument to operate exclusively through the dollar amount
nancial intermediary, the servicer, is obligated to advance
of advances extended by the servicer per delinquent loan.
to the investor the monthly payments of delinquent bor-
For example, consider two properties experiencing rel-
rowers. Advances represented a major source of financial
atively different zip code-level housing price movements.
stress for servicers during the recent financial crisis. In all
The property that has experienced a significantly larger de-
structured finance transactions, not just residential mort-
cline in housing prices is likely going to experience more
gages, we care deeply about servicer and investor conflicts.
missed payments. These properties, with differential delin-
Understanding how, when, and why a servicer’s balance
quency severities, clearly provide drastically different lev-
sheet comes into play is a first-order concern (Loutskina
els of servicer advances, which affect financial constraints
and Strahan, 2009; Loutskina, 2011).
quite differently. It is not clear, however, that the differ-
Mortgage servicers entered the financial crisis with
ence in delinquency severity is a driver of differential ca-
contracts in place that obligated them to bear a signifi-
pacity constraints. The cost of intervening17 in the loans
cant portion of the short-term risk in the event of large-
related to these properties is largely fixed with respect to
scale mortgage defaults. As agents wholly responsible for
the management of mortgages, they were positioned to
17
Costs borne by the servicer related to modifying a delinquent loan
include the design of the modified instrument, drafting of the modified
note, solicitation of the borrower, and execution of the modified docu- often involve court filings and appearances, public notifications, and evic-
ments. In relation to a foreclosure these costs vary by jurisdiction but tions by local county sheriffs.

608
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

Table 10
Capacity constraints.
This table reports, in column (1), a regression identical to column (3) of Table 3. Column (2) mimics column (1),
but with the control for capacity constraints omitted entirely. Columns (3) and (4) report results from specifi-
cations identical to those of column (1), but with additional sample conditioning. Column (3) demonstrates the
results conditioning on loans experiencing their first delinquency in months where the servicer has lower capac-
ity constraints relative to the median measured capacity constraint for that servicer. Column (4), similarly, reports
results in the sample where the servicer has above-median capacity constraints. t-statistics in parentheses are
heteroskedasticity-robust and clustered at the servicer and zip levels. ∗ ∗ ∗ , ∗ ∗ , and ∗ indicate statistical significance
at the 1%, 5%, and 10% levels, respectively.

Default Intervention Default Intervention

Low Capacity High Capacity


Constraint Constraint
IV IV IV IV
(1) (2) (3) (4)

1-Year Change in Advances as a 0.140∗ ∗ ∗ 0.140∗ ∗ ∗ 0.245∗ ∗ ∗ 0.133∗ ∗ ∗


Percentage of Loan Portfolio Balance (5.07) (5.16) (2.76) (4.54)

1-Year Change in Delinquency Count 0.00496 −0.296 0.00249


As % of Servicer Portfolio Loan Count (0.85) (−0.92) (0.45)

1-Year Zip Housing Price Return −0.473∗ ∗ ∗ −0.474∗ ∗ ∗ −0.517∗ ∗ ∗ −0.525∗ ∗ ∗


(−10.40) (−10.45) (−6.86) (−9.57)

Loan/Borrower Characteristic Controls Yes Yes Yes Yes


Servicer FE Yes Yes Yes Yes
Zip-Year-CreditCat FE Yes Yes Yes Yes

Number of observations 6,868,451 6,868,451 3,349,398 3,469,802


Adj. R2

have immense influence on the value of a large volume of are universally applicable to the way we manage and think
assets owned by major systemic institutions. The destruc- about the role of servicer balance sheets, and have impor-
tion of $81.71 billion of investor value on defaulted loans tant ramifications for later crises like the COVID-19 pan-
with original balances of $1.72 trillion and the infliction demic.
of 442,85718 foreclosures on the economy is of enormous The agency costs and economic destruction associated
concern. These servicers traded reputation for short-term with the actions of important intermediaries under con-
liquidity. siderable financial stress are important to study. Both in-
A mortgage servicer faces a decision relating to how vestors and servicers, while likely aware of potential distor-
quickly a modification or foreclosure should take place in tionary influences related to servicer financial constrained-
the event of delinquency. In waiting, a servicer is forced ness, were unlikely to have appreciated the true magnitude
to finance the borrower until he self cures. I demonstrate of the value destruction that could stem from these deci-
that financially constrained servicers were either unwilling sions. Likewise, regulators, in acting to extend TALF cover-
or unable to provide that financing and consequently mod- age to servicing advance obligations in 2009, were too late
ified and foreclosed at higher rates as compared to uncon- to avoid the swathes of foreclosures that were caused by
strained servicers. These effects are concentrated amongst servicers’ financial constraints.
loans with higher levels of agency frictions between the
servicer and the investor.
References
Policymakers at the Federal Reserve acted in 2009 to
relieve these constraints in a manner that was likely effec- Adelino, M., Gerardi, K., Hartman-Glaser, B., 2019. Are lemons sold first?
tive at accomplishing its stated goal of “prevent[ing] avoid- Dynamic signaling in the mortgage market. J. Financ. Econ. 132 (1),
able foreclosures.” One possible motivation for this pol- 1–25.
Adelino, M., Gerardi, K., Willen, P., 2014. Identifying the effect of secu-
icy is the evidence presented in this paper. However, this
ritization on foreclosure and modification rates using early payment
policy response to the financial crisis was largely an at- defaults. J. Real Estate Finance Econ. 49 (3), 352–378.
tempt to prevent foreclosures and increase modifications. Adelino, M., Gerardi, K., Willen, P.S., 2013. Why don’t lenders renegoti-
ate more home mortgages? Redefaults, self-cures and securitization.
This study shows that relieving a servicer’s financial con-
J. Monet. Econ. 60 (7), 835–853.
straints, while effective at reducing foreclosures, will not Agarwal, S., Amromin, G., Ben-David, I., Chomsisengphet, S., Evanoff, D.D.,
increase modifications. Relief will instead lead to some- 2011. The role of securitization in mortgage renegotiation. J. Financ.
thing even better—an increased opportunity for a borrower Econ. 102 (3), 559–578.
Agarwal, S., Amromin, G., Ben-David, I., Chomsisengphet, S., Piskorski, T.,
to become current or pay off through their own efforts. Seru, A., 2017. Policy intervention in debt renegotiation: evidence
These lessons—learned as a result of the financial crisis— from the home affordable modification program. J. Polit. Economy 125
(3), 654–712.
Aiello, D.J., 2016. Information Exploitation? A Pre-Crisis RMBS Issuer’s Pri-
vate Information. Working Paper.
18
Representing 16% of the approximately 2.7 million foreclosures in my Aiello, D. J., Garmaise, M. J., Natividad, G., 2017. Competing for deal flow
sample. in mortgage markets.

609
D.J. Aiello Journal of Financial Economics 144 (2022) 590–610

An, X., Cordell, L.R., 2017. Regime Shift and the Post-crisis World of Mort- Huang, Y., Nadauld, T.D., 2019. A direct test of agency theories of debt:
gage Loss Severities. Working Paper. evidence from residential mortgage-backed securities. Manage. Sci. 65
Ang, A., Green, R.C., Longstaff, F.A., Xing, Y., 2017. Advance Refundings of (4), 1792–1809.
Municipal Bonds. J. Finance. Kim, Y.S., Laufer, S.M., Stanton, R., Wallace, N., Pence, K., 2018. Liquidity
Ang, J.S., Cole, R.A., Lin, J.W., 20 0 0. Agency costs and ownership structure. crises in the mortgage market. Brookings Pap. Econ. Act. 2018 (1),
J. Finance 55 (1), 81–106. 347–428.
Begley, T.A., Purnanandam, A., 2017. Design of financial securities: empir- Koijen, R.S., Yogo, M., 2014. The cost of financial frictions for life insurers.
ical evidence from private-label RMBS deals. Rev. Financ. Stud. 30 (1), Am. Econ. Rev. 105 (1), 445–475.
120–161. Kroszner, R.S., Strahan, P.E., 1996. Regulatory incentives and the thrift cri-
Census Bureau, 2016. Core-based statistical areas. https://www.census. sis: dividends, mutual-to-stock conversions, and financial distress. J.
gov/topics/housing/housing-patterns/about/core-based-statistical- Finance 51 (4), 1285–1319.
areas.html. Accessed: 2021-05-03. Kruger, S., Maturana, G., 2020. Collateral misreporting in the residential
Chodorow-Reich, G., Falato, A., 2021. The loan covenant channel: how mortgage-backed security market. Manage. Sci..
bank health transmits to the real economy. J. Finance. Forthcoming Kruger, S.A., 2017. The effect of mortgage securitization on foreclosure and
Chomsisengphet, S., Lu, C., 2015. Servicer Distress and Mortgage Renego- modification. J. Financ. Econ..
tiations. Working Paper. Lee, S.-J., Mayers, D., Smith, C.W., 1997. Guaranty funds and risk-taking
Cookson, J.A., Niessner, M., 2020. Why don’t we agree? Evidence from a evidence from the insurance industry. J. Financ. Econ. 44 (1), 3–24.
social network of investors. J. Finance 75 (1), 173–228. Loutskina, E., 2011. The role of securitization in bank liquidity and funding
Cordell, L., Dynan, K., Lehnert, A., Liang, N., Mauskopf, E., 2008. The In- management. J. Financ. Econ. 100 (3), 663–684.
centives of Mortgage Servicers: Myths and Realities. Loutskina, E., Strahan, P.E., 2009. Securitization and the declining impact
Correia, S., 2016. Linear Models with High-Dimensional Fixed Effects: An of bank finance on loan supply: evidence from mortgage originations.
Efficient and Feasible Estimator. Working Paper. J. Finance 64 (2), 861–889.
DeMarzo, P.M., 2005. The pooling and tranching of securities: a model of Loutskina, E., Strahan, P.E., 2011. Informed and uninformed investment in
informed intermediation. Rev. Financ. Stud. 18 (1), 1–35. housing: the downside of diversification. Rev. Financ. Stud. 24 (5),
Diamond, D., Rajan, R., 2009. The credit crisis: conjectures about causes 1447–1480.
and remedies. Am. Econ. Rev.. Maturana, G., 2017. When are modifications of securitized loans beneficial
Eisfeldt, A.L., Rampini, A.A., 2007. New or used? Investment with credit to investors? Rev. Financ. Stud..
constraints. J. Monet. Econ. 54 (8), 2656–2681. Mayock, T., Shi, L., 2018. Adverse Selection in the Market for Mortgage
Ellul, A., Jotikasthira, C., Lundblad, C.T., 2011. Regulatory pressure and Servicing Rights. Working Paper.
fire sales in the corporate bond market. J. Financ. Econ. 101 (3), Merrill, C.B., Nadauld, T.D., Stulz, R.M., Sherlund, S., 2021. Were there fire
596–620. sales in the RMBS market? J. Monet. Econ. 122, 17–37.
Esty, B.C., 1997a. Organizational form and risk taking in the savings and Mian, A., Sufi, A., 2009. The consequences of mortgage credit expansion:
loan industry. J. Financ. Econ. 44 (1), 25–55. evidence from the US mortgage default crisis. Q. J. Econ. 124 (4),
Esty, B.C., 1997b. A case study of organizational form and risk shifting in 1449–1496.
the savings and loan industry. J. Financ. Econ. 44 (1), 57–76. Mooradian, R.M., Pichler, P., 2017. Servicer contracts and the design of
Favara, G., Giannetti, M., 2017. Forced asset sales and the concentration of mortgage-backed security pools. Real Estate Econ..
outstanding debt: evidence from the mortgage market. J. Finance 72 Murfin, J., 2012. The supply-side determinants of loan contract strictness.
(3), 1081–1118. doi:10.1111/jofi.12494. J. Finance 67 (5), 1565–1601.
Granja, J., Matvos, G., Seru, A., 2017. Selling failed banks. J. Finance 72 (4), Palmer, C., 2015. Why Did So Many Subprime Borrowers Default During
1723–1784. the Crisis: Loose Credit or Plummeting Prices?.
Griffin, J.M., Kruger, S., Maturana, G., 2019. Do labor markets discipline? Piskorski, T., Seru, A., Vig, V., 2010. Securitization and distressed loan
Evidence from RMBS bankers. J. Financ. Econ. 133 (3), 726–750. renegotiation: evidence from the subprime mortgage crisis. J. Financ.
Griffin, J.M., Kruger, S., Maturana, G., 2020. What drove the 20 03–20 06 Econ. 97 (3), 369–397.
house price boom and subsequent collapse? Disentangling competing RALI Series 20 07-QS6, 20 07. Residential funding company, LLC. Prospec-
explanations. J. Financ. Econ.. tus Supplement dated April 25, 2007. Available at https://www.vision.
Gupta, A., 2019. Foreclosure contagion and the neighborhood spillover ef- ocwen.com/
fects of mortgage defaults. J. Finance 74 (5), 2249–2301. Singh, M., Davidson, W.N.I., 2003. Agency costs, ownership structure and
Hartman-Glaser, B., Mann, W., 2016. Collateral Constraints, Wealth Effects, corporate governance mechanisms. J. Bank. Finance 27 (5), 793–816.
and Volatility: Evidence from Real Estate Markets. Working Paper Whited, T.M., 1992. Debt, liquidity constraints, and corporate investment:
Herndon, T., 2021. Punishment or forgiveness? Loan modifications in pri- evidence from panel data. J. Finance 47 (4), 1425–1460.
vate label residential mortgage-backed securities from 2008 to 2014. Wong, M., 2018. CMBS and conflicts of interest: evidence from ownership
Rev. Polit. Economy 1–29. changes for servicers. J. Finance 73 (5), 2425–2458.

610

You might also like