And this is the key part:
The appropriate Federal banking agency shall,
not later than 90 days after an insured depository institution becomes critically undercapitalized— This law was passed after the Savings and Loan ponzi crash of the 1980's...in which G.W. Bush's younger brother Neill gained notoriety, and where McCain was part of the infamous Keating 5 in that fraud.
So a law was passed, that the FDIC had to ACT promptly when banks were found to be making improper loans.
If the FDIC had cracked down promptly when the first "liar loans" were made,
( that is, when the banks were loaning out many times more than they had reserves to back up loan faliures)
the whole mortgage failure mess might have been of a manageable size.
( also see:
http://www.pbs.org/moyers/journal/04032009/transcript1.html, for a discussion of how regulators practiced fraud in letting the financial system collapse)
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The Prompt Corrective Action Law is codified as Title 12 of the US Code, and as currently published by the US Government reflects the laws passed by Congress as of Jan. 3, 2007. Here are some parts of it.
TITLE 12 > CHAPTER 16 > § 1831o
§ 1831o. Prompt corrective action
(d) Provisions applicable to all institutions
(2) Management fees restricted
An insured depository institution shall pay no management fee to any person having control of that institution if, after making the payment, the institution would be undercapitalized.
SNIP
(3) Conservatorship, receivership, or other action required
(A) In general
The appropriate Federal banking agency shall, not later than 90 days after an insured depository institution becomes critically undercapitalized— (i) appoint a receiver (or, with the concurrence of the Corporation, a conservator) for the institution; or
(ii) take such other action as the agency determines, with the concurrence of the Corporation, would better achieve the purpose of this section, after documenting why the action would better achieve that purpose.