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A mortgage bond issue is secured by a lien on
specific assets of the commercial firms - usually fixed assets. The
specific property securing the bonds is described in detail in the
mortgage, which is the legal document giving the bondholder a lien on
the property. As with other secured lending arrangements, the market
value of the collateral should exceed the amount of the bond issue by a
reasonable margin of safety. If the commercial firm defaults in any of
the provisions of the bond indenture, the trustee on behalf of the
bondholders, has the power to foreclose. In a foreclosure, the trustee
takes over the property and sells it, using the proceeds to pay the
bonds. If the proceeds are less than the amount of the issue
outstanding, the bondholders become general creditors for the residual
amount. A commercial firm may have more than one bond issue secured by
the same property. If a bond issue is secured by a second mortgage and
the first mortgagee forecloses, the first mortgage bondholders must be
paid the full amount owed them before there can be any distribution to
the second mortgage bondholders.
The typical annual volume of commercial mortgage
backed securities are $100 billion in USA.
Since Germany started letting its mortgage banks invest in U.S. assets,
those banks have made more of a ripple than a splash. In early 2002,
Germany gave its mortgage banks (hypothekenbanken in German) clearance
to invest in U.S. assets, a privilege that had long been available to
commercial banks, which sometimes own the mortgage lenders as part of
their business.

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