FDIC gathers investors to take over failed lender IndyMac

WASHINGTON — A seven-member group of investors has agreed to buy the remnants of failed mortgage lender IndyMac Bank, a symbol of the housing boom and bust, for $13.9 billion federal regulators said Friday.

IndyMac, which specialized in loans made with little down payment or proof of assets, was seized by the government in July after a run on the bank as the U.S. housing market collapsed.

The Federal Deposit Insurance Corp. (FDIC) said a holding company led by Steven Mnuchin, co-chief executive of private-equity firm Dune Capital Management, agreed to buy IndyMac in a deal reached Wednesday and expected to close by early next month.

The investors have formed a partnership, called IMB Management, that includes Dell founder Michael Dell's investment firm, MSD Capital.

Once the deal closes, the investment group would pour $1.3 billion in new capital into IndyMac and continue to operate the Pasadena, Calif-based bank, the FDIC says.

"We have assembled a group of experienced private investors in financial services to acquire the former IndyMac and operate it under new management with extensive banking experience," Mnuchin said in a statement. "We will inject significant private capital into IndyMac so that it can once again effectively serve its customers and communities."

Other investors in the partnership include five private-equity firms or hedge funds: J.C. Flowers & Co.; Stone Point Capital; Paulson & Co.; George Soros' Fund Management; and Silar Advisors.

IndyMac has 33 bank branches in Southern California with about $6.5 billion in deposits, about half the company's total at the time of its failure. Other IndyMac assets include a $157.7 billion loan-servicing business, which collects mortgages and distributes them to investors, and a reverse-mortgage company, known as Financial Freedom.

As part of the deal, the FDIC agreed to assume losses on a portion of IndyMac's loans. The new investors would shoulder the first 20 percent of the bank's loan losses, with the FDIC taking on the majority of any losses thereafter. The FDIC used a similar loss-sharing agreement when Downey Savings and Loan Association failed in November.

In return, the IndyMac investors agreed to continue a closely watched home-loan-modification program launched by FDIC Chairman Sheila Bair in August that has completed about 8,500 loan modifications so far.

The investors have received preliminary clearance from the federal Office of Thrift Supervision to run the bank as a federal savings association. A final decision is expected in the coming weeks.

Thrifts have been the most troubled regulated institutions during the financial crisis and among the most spectacular failures. By law, they must have at least 65 percent of their lending in mortgages and other consumer loans — making them particularly vulnerable to the housing downturn.

FDIC officials noted that private-equity firms have bought up failed institutions before. In the early 1990s, two failed banks — Bank of New England and CrossLand Federal Savings Bank — were sold to private-equity firms.

Dune Capital was founded in 2004 by former Goldman Sachs partners Mnuchin and Daniel Niedich.

Flowers, who launched, then dropped, a bid to buy student lender Sallie Mae last year, also is a former Goldman Sachs partner. Paulson & Co. made billions in profits in recent years by betting on the failure of risky home loans.

The IndyMac deal comes as regulators have eased restrictions on such purchases. Previously, private-equity firms could not hold more than a 24.9 percent stake in a bank without becoming a bank-holding company.

The failure of IndyMac, which had $32 billion in assets, was the second-largest last year, trailing only the September failure of Washington Mutual. Losses to the FDIC's bank insurance fund are expected to range between $8.5 billion and $9.4 billion.

The Seattle-based thrift was the biggest bank to collapse in U.S. history, with around $307 billion in assets. Washington Mutual was acquired by JPMorgan Chase for $1.9 billion.

A total of 25 U.S. bank failures in 2008 compare with three for all of 2007 and are far more than in the previous five years combined. Many more banks are expected to sink this year.

One unresolved issue is IndyMac's relationship with investors in mortgage-linked securities, including Fannie Mae and Freddie Mac, the government-controlled mortgage finance titans.

Fannie, Freddie and other investors have the right to try to return IndyMac loans if they claim they violate the terms under which they buy mortgages. About $1 billion in loans owned or guaranteed by Fannie Mae are in question.

Fannie Mae "is working constructively with the FDIC and IndyMac to reach a resolution that is in the best interests of all parties involved," Fannie spokesman Chuck Greener said Friday.