Improper Use of Margin, Excessive Margin Trading, and Securities Backed Lending Losses

Experienced Securities Litigation Attorneys in Grand Rapids, Ann Arbor, Chicago, Seattle, Denver and Phoenix

Securities-backed loans (SBLs) have become an increasingly popular financing tool for individuals looking to access liquidity without selling their investment portfolio. These loans allow investors to borrow against the value of their securities, such as stocks, bonds, or mutual funds, without disrupting their long-term investment strategies. While SBLs can provide many benefits, such as lower interest rates and tax advantages, they also come with significant risks that investors must carefully consider.

What Are Securities-Backed Loans?

A securities-backed loan is a type of loan where the borrower uses their investment portfolio as collateral. Lenders—often banks or financial institutions—allow the borrower to borrow a percentage of the portfolio’s value (called the loan-to-value or LTV ratio) at an interest rate that is typically lower than traditional loans. The investor retains ownership of the securities and can continue earning dividends, interest, or capital appreciation while accessing liquidity for other purposes, such as buying property, funding a business, or covering personal expenses.
However, despite their flexibility, securities-backed loans come with several dangers that could lead to substantial financial losses.

What Protections Are in Place to Prevent Financial Advisor Fraud?

Most investors in the United States are protected by various State Securities laws that prohibit fraud in the sale of securities.  When a financial advisor violates a state securities act, they can face serious legal, regulatory, and financial consequences.  State securities acts, also known as “Blue Sky Laws,” are designed to protect investors from fraud, negligence, and other forms of misconduct in the sale of securities. The penalties for violating these laws depend on the severity of the violation and can include both civil and criminal sanctions. 

 

Key Risks and Dangers of Securities-Backed Loans

1. Market Volatility and Margin Calls

  1. The biggest risk associated with securities-backed loans is the potential for market volatility. If the value of the securities used as collateral drops significantly, the lender may issue a margin call (also referred to as a house call), requiring the borrower to either:
    • Deposit additional securities or cash into the account, or
    • Pay down part of the loan to restore the loan-to-value ratio.

Failure to meet a margin call could result in the forced sale of the securities at unfavorable market prices, leading to losses, especially if the borrower had not intended to sell those assets.

2. Leverage Risk

Securities-backed loans are a form of leveraging, which means borrowing money to invest or access cash while keeping an investment portfolio intact. While leverage can amplify gains when the value of investments rises, it can also magnify losses when asset prices fall. Borrowers may find themselves in a situation where the value of their portfolio decreases faster than anticipated, creating greater debt obligations and reducing overall wealth.

3. Interest Rate Changes

While securities-backed loans typically offer lower interest rates than unsecured loans or credit cards, many of these loans have variable interest rates. As interest rates rise, the cost of servicing the loan may increase, especially if the loan’s interest rate is tied to market rates like the LIBOR or Fed funds rate. Rising interest rates could make the loan more expensive over time, impacting the borrower’s ability to repay or service the debt.

4. Concentration Risk

  1. Many investors who use SBLs may pledge a large portion of their portfolio as collateral, often in the form of a concentrated position in a few stocks or securities. If the value of those securities drops due to company-specific issues or broader market declines, the risk of a margin call increases. Over-concentration in a few assets can also increase the likelihood of being forced to sell during downturns, locking in losses.

5. Limited Flexibility

Securities-backed loans may impose restrictions on what the borrower can do with the portfolio while it is pledged as collateral. For example, selling or trading securities in the portfolio may not be allowed, or doing so may trigger additional requirements or margin calls. This lack of flexibility can prevent the borrower from responding to market opportunities or making adjustments to their investment strategy.

6. Risk of Overborrowing

Due to the relatively low interest rates on SBLs, some borrowers may be tempted to overborrow or take out loans that are too large relative to their ability to repay. While the securities may provide collateral for the loan, market fluctuations or changes in personal financial circumstances can quickly make the debt burden unsustainable.

7. No FDIC or SIPC Protections

Unlike bank deposits, securities-backed loans are not protected by the Federal Deposit Insurance Corporation (FDIC) or Securities Investor Protection Corporation (SIPC). If the market value of the collateral falls below the loan balance, the borrower could lose a significant portion of their investment portfolio without the safety net provided to standard bank deposits.

8. Forced Liquidation At a Loss

One of the most severe risks is the possibility of forced liquidation. If a borrower cannot meet a margin call, the lender can sell the securities used as collateral—often at market lows or at a time that’s unfavorable to the borrower. This forced sale can lock in losses that may have been avoided had the securities been held through a market downturn.

Tax Implications

While borrowing against securities may seem like a tax-efficient way to access liquidity (since selling securities could trigger capital gains taxes), there are potential negative tax consequences if the lender liquidates the portfolio to meet margin requirements. Forced sales could trigger taxable events, and in some cases, the borrower might have to pay taxes on gains while also facing losses in portfolio value.

What Should You Do If You lost Money Due to an Advisor’s Use of a Securities Backed Loan?

If you have experienced investment losses, it is important to contact an attorney with experience in this type of product.  Israels & Neuman, PLC have handled many cases involving securities backed loans and can quickly evaluate your potential case.

The Risks of Excessive Margin Trading: What Every Investor Should Know

Margin trading allows investors to borrow money from their broker to purchase more securities than they could with their own cash, amplifying both potential gains and losses. While margin trading can increase an investor’s purchasing power and provide opportunities for significant returns, it also exposes them to substantial risks. Excessive use of margin trading magnifies these risks, potentially leading to devastating financial consequences.

What Are Some of the Key Risks of Margin Trading?

  1. Amplified Losses
  • How it works: When using margin, an investor can buy more securities than they could with just their available cash. If the value of the securities increases, the investor benefits from gains on the entire investment, including the borrowed portion. However, if the value of the securities decreases, losses are magnified.
  • Risk: If the stock price falls, the losses on the entire position (including the borrowed funds) accumulate quickly. Excessive use of margin can lead to losses that exceed the initial investment, as an investor is responsible for repaying the borrowed amount regardless of the performance of the investment.
  1. Margin Calls
  • How it works: A margin call occurs when the value of the securities in a margin account falls below a certain threshold, called the maintenance margin. When this happens, the brokerage firm requires the investor to either deposit more funds or sell securities to bring the account back within compliance.
  • Risk: If an investor receives a margin call and cannot meet the requirements (by adding cash or securities), the brokerage firm has the right to sell the investor’s assets to cover the loan. This forced sale can occur at a time when market prices are low, resulting in the realization of significant losses. Investors often have little control over the timing of these sales, which may occur before the market has a chance to recover.
  1. Interest on Borrowed Funds
  • How it works: When trading on margin, the borrowed funds are subject to interest charges. The broker charges interest on the amount borrowed, and these costs can accumulate, especially if the margin loan is held for an extended period.
  • Risk: If the returns on the investment are not sufficient to cover both the principal and the interest, the investor may end up losing money even if the value of the securities increases slightly. Excessive margin trading can lead to a situation where interest costs pile up, eroding profits or deepening losses.
  1. Market Volatility
  • How it works: In volatile markets, stock prices can experience rapid and significant swings. Investors using margin are more exposed to the effects of these price fluctuations, as their positions are larger due to the borrowed funds.
  • Risk: High volatility increases the likelihood of margin calls. A sudden downturn in the market can quickly deplete the equity in a margin account, forcing the investor to meet a margin call or face liquidation. This is especially dangerous during periods of sharp declines or market corrections.
  1. Overleveraging
  • How it works: Leverage in margin trading refers to the use of borrowed funds to increase the size of an investment. Overleveraging occurs when an investor borrows excessively, significantly increasing their exposure to risk.
  • Risk: Overleveraging can lead to catastrophic losses, as a small adverse movement in the market can wipe out an investor’s equity. In some cases, losses can exceed the amount initially invested, leaving the investor with a negative balance and a significant debt to the broker. Overleveraged positions are especially vulnerable in highly volatile markets, where sudden shifts in price can trigger rapid losses.
  1. Lack of Control Over Liquidation
  • How it works: In a margin account, if the value of the securities falls too low, the broker has the right to sell some or all of the securities in the account to cover the margin loan. The investor has no say in when or which securities are sold.
  • Risk: Investors could be forced to sell at inopportune times, locking in losses that might otherwise have been temporary. If the market recovers after the forced sale, the investor misses out on potential gains. Furthermore, brokers can sell securities without prior notice to the investor, reducing the ability to make strategic decisions during market downturns.
  1. Psychological Pressure
  • How it works: Trading on margin can lead to emotional and psychological stress, particularly during periods of market volatility. The amplified risks associated with margin trading can cause investors to make impulsive or irrational decisions.
  • Risk: Fear of margin calls or mounting losses can lead to panic selling, poor decision-making, or taking on even greater risks in an attempt to recover losses. This psychological pressure can lead to a downward spiral, where an investor makes increasingly risky trades in an effort to turn around a losing position.
  1. Potential for Unlimited Losses in Certain Trades
  • How it works: Some types of trades, such as short selling, involve borrowing securities and selling them with the expectation that their price will decline. When shorting on margin, the investor borrows shares to sell with the intention of buying them back at a lower price.
  • Risk: Unlike buying securities, where the maximum loss is limited to the amount invested, short selling (especially on margin) exposes the investor to unlimited losses. If the stock price rises instead of falls, the investor is required to buy back the stock at the higher price. Excessive margin in short trades can lead to extreme losses, as stock prices can rise indefinitely.
  1. Limited Time to Recover from Losses
  • How it works: In traditional investing, investors have time to ride out market volatility and wait for their investments to recover from temporary dips. However, margin trading introduces an urgency, especially when margin calls occur.
  • Risk: Margin traders often don’t have the luxury of waiting for a market rebound. A significant drop in stock prices may force the investor to sell quickly, often locking in losses that could have been avoided if they had been able to hold onto their investments for a longer period.
  1. Regulatory and Broker Limitations
  • How it works: Regulatory bodies like the Financial Industry Regulatory Authority (FINRA) set minimum margin requirements that investors must maintain in their margin accounts. Brokers may also impose stricter limits on margin usage.
  • Risk: These limitations can restrict the investor’s flexibility in managing their portfolio. If an investor approaches the regulatory or broker-imposed margin limits, they may be required to reduce their exposure or deposit additional funds, potentially resulting in forced sales or other actions that are not aligned with their long-term strategy.

If you lost money due to improper or excessive margin trading, or in Securities backed loans, you may be able to recoup your losses through securities arbitration.

Israels & Neuman PLC has knowledgeable securities attorneys that represent investors who have suffered losses due to the actions of brokers, financial representatives, broker-dealers, and financial institutions.  We have represented numerous victims of excessive or improper margin trading and unsuitable Securities backed Loans in FINRA arbitration proceedings throughout the country.  We represent clients in all 50 states.

All of our financial arbitration cases are taken on a contingent basis, meaning that we do not get paid unless we recover compensation for you.