IP Library Granted Patent US 7,502,755
Granted Patent B1
US 7,502,755 · App. 10/825,182 · Granted Mar 10, 2009

Method of structuring and using a performance-based participation certificate

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Quick Facts
Patent No.
US 7,502,755
App. No.
10/825,182
Granted
Mar 10, 2009
Kind
B1
Abstract

A method and computer program product for structuring a credit guarantee contract, comprising identifying a pool of assets, identifying parameters for the assets, identifying a manner of securing a guarantee fee for the credit guarantee contract, issuing a security clearly articulating the parameters of the assets, and resetting the guarantee fee each period based on realized performance of the assets.

Claims (98)

1. A method of structuring a performance-based participation certificate contract, comprising the steps of:

identifying a pool of assets;

identifying parameters for the assets;

establishing a base guarantee fee for a security;

identifying a manner of securing the base guarantee fee for the contract;

issuing the security reflecting the parameters of the assets;

determining, using a computer, performance of the assets using a performance index;

calculating, using the computer after issuing the security, a second guarantee fee based on the determined performance of the assets and based on the base guarantee fee; and

resetting the base guarantee fee for the security with the second guarantee fee, based on realized performance of the assets, once every predetermined time period.

2. The method of claim 1 , wherein the guarantee fee G t is defined as:

G t =Min[Max( G 0 +PPA t +TPA t ,Min G ),Max G]

and is based on the following parameters:

the base guarantee fee G 0 ;

a permanent price adjustment PPA t dependent on the performance index;

a temporary price adjustment TPA t dependent on the performance index; and

a maximum lifetime guarantee fee MaxG and a minimum lifetime guarantee fee MinG.

3. The method of claim 2 , wherein the base guarantee fee is based on the lowest guarantee fee currently charged for the assets.

4. The method of claim 1 , wherein the performance index is any publicly observable index that is correlated with credit risk.

5. The method of claim 2 , wherein the price reset frequency is one of a group consisting of:

an annual reset;

a semi-annual reset; and

a quarterly reset.

6. The method of claim 2 , wherein the performance measurement PM t is defined as:

PM t =Roundup[( PI t +PI t-1 +PI t-2 +PI t-3 )/4]*[1/0.01]−1;

wherein PI t , PI t-1 , PI t-2 , and PI t-3 are performance indexes measured at different points in time.

7. The method of claim 2 , further including calculating a permanent price adjustment PPA t as:

PPA t =Max( PPA t-1 ,PM t *PPAF );

wherein PPA t-1 is a previous permanent price adjustment, PM t is a current performance measurement, and PPAF is a permanent price adjustment factor.

8. The method of claim 2 , wherein the temporary price adjustment TPA t is defined as:

TPA t =PM t *TPAF;

wherein PM t is a current performance measurement and TPAF is a temporary price adjustment factor.

9. The method of claim 2 , wherein the maximum and the minimum lifetime guarantee fees are lifetime limits on the guarantee fee.

10. The method of claim 1 , wherein the assets are multi-family mortgages.

11. The method of claim 1 , further comprising:

providing a guarantor with reimbursement for a predetermined amount of initial loss on the performance-based certificate contract.

12. A method of structuring a performance-based participation certificate contract, comprising the steps of:

identifying a pool of assets;

identifying parameters for the assets;

establishing a guarantee fee for a security;

identifying a manner of securing the guarantee fee for the contract;

issuing the security reflecting the parameters of the assets;

resetting the guarantee fee for the security using a computer, based on realized performance of the assets, once every predetermined time period wherein the manner of securing one or more future guarantee fee increases comprises at least one of a group consisting of:

varying an interest payment to a security holder as a guarantee fee varies, after issuing the security;

retaining an excess servicing strip, after issuing the security; and

securing future guarantee fees with a corporate guarantee, after issuing the security.

13. A computer usable medium comprising instructions which, when executed by a processor, cause a computer to structure a performance-based participation certificate contract, said instructions comprising:

first computer readable program code means for causing the computer to identify a pool of assets;

second computer readable program code means for causing the computer to identify parameters for the assets;

third computer readable program code means for establishing a base guarantee fee for a security;

fourth computer readable program code means for causing the computer to identify a manner of securing the base guarantee fee for the contract;

fifth computer readable program code means for causing the computer to issue the security reflecting the parameters of the assets;

sixth computer readable program code means for determining performance of the assets using a performance index;

seventh computer readable program means for calculating, after issuing the security, a second guarantee fee based on the determined performance of the assets and based on the base guarantee fee; and

eighth computer readable program code means for causing the computer to reset the base guarantee fee with the second guarantee fee, based on realized performance of the assets, once every predetermined time period.

14. The computer usable medium of claim 13 , wherein the guarantee fee G t is defined as:

G t =Min[Max( G 0 +PPA t +TPA t ,Min G ),Max G]

and is based on the following parameters:

the base guarantee fee G 0 ;

a permanent price adjustment PPA t dependent on the performance index;

a temporary price adjustment TPA t dependent on the performance index; and

a maximum lifetime guarantee fee MaxG and a minimum lifetime guarantee fee MinG.

15. The computer usable medium of claim 14 , wherein the base guarantee fee is based on the lowest guarantee fee currently charged for the assets.

16. The computer usable medium of claim 13 , wherein the performance index is any publicly observable index that is correlated with credit risk.

17. The computer usable medium of claim 14 , wherein the price reset frequency is one of a group consisting of:

an annual reset;

a semi-annual reset; and

a quarterly reset.

18. The computer usable medium of claim 14 , further including calculating a performance measurement PM t as:

PM t =Roundup[( PI t +PI t-1 +PI t-2 +PI t-3 )/4]*[1/0.01]−1;

wherein PI t , PI t-1 , PI t-2 , and PI t-3 are performance indexes measured at different points in time.

19. The computer usable medium of claim 14 , wherein the permanent price adjustment PPA t is defined as:

PPA t =Max( PPA t-1 ,PM t *PPAF );

wherein PPA t-1 , is a previous permanent price adjustment, PM t is a current performance measurement, and PPAF is a permanent price adjustment factor.

20. The computer usable medium program product of claim 14 , wherein the temporary price adjustment TPA t is defined as:

TPA t =PM t *TPAF;

wherein PM t is a current performance measurement and TPAF is a temporary price adjustment factor.

21. The computer usable medium of claim 14 , wherein the maximum and the minimum lifetime guarantee fees are lifetime limits on the guarantee fee.

22. A computer usable medium comprising instructions which, when executed by a processor, cause a computer to structure a performance-based participation certificate contract, said instructions comprising:

first computer readable program code means for causing the computer to identify a pool of assets;

second computer readable program code means for causing the computer to identify parameters for the assets;

third computer readable program code means for establishing a guarantee fee for a security;

fourth computer readable program code means for causing the computer to identify a manner of securing the guarantee fee for the contract;

fifth computer readable program code means for causing the computer to issue the security reflecting the parameters of the assets;

sixth computer readable program code means for causing the computer to reset the guarantee fee, based on realized performance of the assets, once every predetermined time period, wherein the manner of securing one or more future guarantee fee increases is one of a group consisting of:

varying an interest payment to a security holder as a guarantee fee varies, after issuing the securing;

retaining an excess servicing strip, after issuing the security; and

securing future guarantee fees with a corporate guarantee, after issuing the security.

23. The computer usable medium of claim 13 , wherein the assets are multi-family mortgages.

24. A method of structuring a credit enhancement contract, comprising the steps of:

identifying a pool of assets;

identifying parameters for the assets;

establishing a base credit enhancement fee for a security;

identifying a manner of securing the base credit enhancement fee for the credit enhancement contract;

issuing the security reflecting the parameters of the assets;

determining, using a computer, a performance of the assets using a performance index;

calculating, using the computer after issuing the assets, a second credit enhancement fee based on the determined performance of the assets and based on the base credit enhancement fee; and

resetting the base credit enhancement fee for the security with the second credit enhancement fee, based on realized performance of the assets, once every predetermined time period.

25. The method of claim 24 , wherein the credit enhancement fee is a guarantee fee.

Assignments (3)
CORRECTION BY DECLARATION ERRONEOUSLY RECORDED ON REEL NO. 054298 AND FRAME NO. 0539. Recorded Aug 27, 2021
From: FEDERAL HOME LOAN MORTGAGE CORPORATION (FREDDIE MAC)
To: FEDERAL HOME LOAN MORTGAGE CORPORATION (FREDDIE MAC)
Reel/Frame 057671/0039 →
ASSIGNMENT OF ASSIGNOR'S INTEREST Recorded Nov 3, 2020
From: HEUER, JOAN D.; OCWEN FINANCIAL CORPORATION; ALTISOURCE HOLDINGS S.A.R.L.; ALTISOURCE S.AR.L.; FEDERAL HOME LOAN MORTGAGE CORPORATION
To: HEUER, JOAN D.; STEVEN MNUCHIN, UNITED STATES SECRETARY OF THE TREASURY AND SUCCESSORS THERETO.; ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY, AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE AND SUCCESSORS THERETO; LAUREL M. LEE, FLORIDA SECRETARY OF STATE AND SUCCESSORS THERETO; JEANETTE NÚÑEZ, LIEUTENANT GOVERNOR OF FLORIDA AND SUCCESSORS THERETO.; : ASHLEY MOODY, FLORIDA OFFICE OF THE ATTORNEY GENERAL AND SUCCESSORS THERETO.; TIMOTHY E. GRIBBEN, COMMISSIONER FOR BUREAU OF THE FISCAL SERVICE, AGENCY OF THE UNITED STATES DEPARTMENT OF THE TREASURY AND SUCCESSORS AND ASSIGNS THERETO.
Reel/Frame 054298/0539 →
ASSIGNMENT OF ASSIGNOR'S INTEREST Recorded Aug 30, 2004
From: BRICKMAN, DAVID M.; BORSOS, DAVID J.
To: FEDERAL HOME LOAN MORTGAGE CORPORATION
Reel/Frame 015741/0300 →