Legislation provides the Federal Home Loan Banks with a "SUPER LIEN" on any bank assets if a member bank fails. This means the FDIC may not have enough funds to pay depositors after the FHLB Advances have been paid.
Superlien provided to FHLB by the FDIC. Covers FHLB against losses incurred by lending to the stupid insolvent banks like Countrywide and Citi.
The FDIC insures the Banks, not the depositors.
The depositors will have to get in line behind the FHLB to negotiate with the bank to get their "insured" deposits back.
Essentially, depositors are THIRD IN LINE for coverage.
It's all right here:
http://www.fdic.gov/about/learn/advisorycommittee/fhlb_advances.htmlGSE's: Government Sponsored Entities
Here's some more *very* interesting reading:
If the depositor is now 3rd in line, and one of the banks that has gotten loans through FHLB goes TU and the collateral FHLB is holding is shit sandwich, THERE IS NOT ENOUGH MONEY IN THE FDIC TO PAY OFF FHLB AND THE DEPOSITORS. DO THE MATH!
NUMBERS DON'T LIE.
Secondly, the FDIC HAS THE RIGHT TO SEIZE AND CONFISCATE THE PREMISES AND PROPERTY OF ANY INSOLVENT BANK. This is for the purposes of merging, facilitating and ensuring that obligations are met and paid in the order prescribed by law. YOU'RE THIRD.
Poke around on the FDIC website I linked to. Read it for yourself. Also read how much reserves the FDIC is required to have. Refresh your memory about the size of the two loans we KNOW have been received from FHLB by Citi and MER (I think it was them) and then imagine what collateral was put up against those loans. Now, continue to do some math. Now, throw in the fact that we probably have no idea how many loans FHLB has given to those banks currently holding 23-A letters. THIS IS NOT TINFOIL. There is absolutely NO DOUBT the FDIC has the right to seize any insolvent bank and with it, your money. If there's nothing left of your money after they settle their priority lien with FHLB, you're FUCKED.
Now, let's have a nice rational conversation about where it might be prudent to put your money.
Look, if there is a full-on bank panic then you better have PHYSICAL currency.
There will be a "bank holiday" declared if this happens. Have enough to get through it.
The FHLB situation is serious and more than a bit scary.
I'm cogitating on exactly how best to protect from it. It may be that Treasury Direct is, in fact, the way to do so.