It is very unclear what will be the final role and business strategy of the agencies. They have lost credibility, many of the smartest and most experienced have left or will leave as soon as they find a new job, they will soon be subject to the fear of the tort lawyers coming after them for any reason that can force a payoff to the lawyers, and they have competition. If there were not the requirement to use investment grade ratings from rating agencies imposed on pension funds and certain other investors, it is very likely that the rating agencies would simply go away.

There is now an internal layer of monitors in the agencies checking to make sure the underwriters are doing it by the book and not going out on a limb on anything. This makes working conditions less than wonderful and it results in generally more conservative ratings than might otherwise be the case and might otherwise be warranted. Similar to appraisers who always get it wrong on the upside and then over compensate and get it wrong on the downside when there is a recession, raters are now being conservative. If you know a tort lawyer is sitting there waiting for you to make any judgment that may prove later to be over optimistic, you will err to the conservative side. If you know Barney Frank and his band of clowns on his committee will potentially drag you in front of the cameras for political theater, you will be overly conservative. Being overly negative can be as bad as being overly optimistic if the rating is too restrictive and the cost of capital resulting is higher than it should be.

Want to continue reading?
Become a Free ALM Digital Reader.

Once you are an ALM digital member, you’ll receive:

  • Unlimited access to GlobeSt and other free ALM publications
  • Access to 15 years of GlobeSt archives
  • Your choice of GlobeSt digital newsletters and over 70 others from popular sister publications
  • 1 free article* every 30 days across the ALM subscription network
  • Exclusive discounts on ALM events and publications

*May exclude premium content
Already have an account?


NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

GlobeSt

Join GlobeSt

Don't miss crucial news and insights you need to make informed commercial real estate decisions. Join GlobeSt.com now!

  • Free unlimited access to GlobeSt.com's trusted and independent team of experts who provide commercial real estate owners, investors, developers, brokers and finance professionals with comprehensive coverage, analysis and best practices necessary to innovate and build business.
  • Exclusive discounts on ALM and GlobeSt events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com.

Already have an account? Sign In Now
Join GlobeSt

Copyright © 2024 ALM Global, LLC. All Rights Reserved.