Yes the bank has to have assets to make the loan against, but what you overlook is they list your promise to pay as the asset to offset the loan amount. When they give you the money it does not reduce their hard assets in any way, they dont sell $25k of gold on the market to give you $25k in cash. They enter you PTP as an asset and make the loan against it, that is why it has 2 accounting entries in the general ledger, one is a credit and the other is the balancing debit and therefore they will not have a negative balance sheet from lending. If they used an existing asset to monetize the loan it would devalue that asset by the amount of the loan and it would not be long before they had no assets or the ones they did have were worthless.
The asset (real estate) is partial security against the loan, included in that is the down payment that is a reflection of the risk factors (incl the loan recipient), however, these monies are (in whole or part) employed to keep the bank's reserve component balanced at the BOC level.
The money changes hands between me and the seller to complete the contract of sale. The banks and lawyers may handle the transaction but it is a private contract. We have a binding contract where both parties have given valuable consideration, I gave money, they gave real estate. Where I got the money has nothing to do with how legitimate or binding that contract is. It is the contract with the bank that lacks valuable consideration on one side and is theoretically unenforceable. Does this theory pan out in an actual courtroom? I only know of the 1 case in Minnesota and the records are sealed so it is hard to find out where the jury made it's determination.
This is an oversimplification of the role of the banker. Yes, they are a kind of pseudo-broker on the financing end of the transaction, however, they are also providing the resources to the buyer necessary to complete the transaction (ie the mortgage money). That money to complete the sale and offer consideration to the seller is then an asset that can be deployed at the discretion of the seller (cash proceeds from sale)... The original point that I made in my earlier post on this was that this money - now in the possession of the seller - is a tangible asset and therefore the money was never "created out of thin air" .
That said, the banks can't; and don't; create their own money in any way shape or form.
I did read it, there is no clause in the Bank Act that mandates requisite reserve ratios or reserves period. If you think it's there, then post the relevant section.
It's been gone since 1994...
Gosh... I wonder how you could have missed it?.. Pay special attention to the fact that the effective date is 2011.
Bank of Canada Act (R.S.C., 1985, c. B-2)
Current to 2011-04-28
RESERVE FUNDS
Reserve fund
27. The Bank shall establish a reserve fund and, after making the provision that the Board thinks proper for bad and doubtful debts, depreciation in assets, pension funds and all other matters that are properly provided for by banks, the ascertained surplus available from the operations of the Bank during each financial year is to be applied by the Board as follows:Reserve fund
( a) if the Bank’s reserve fund is less than the paid-up capital, one third of the surplus is to be allocated to the reserve fund, and the residue is to be paid to the Receiver General and form part of the Consolidated Revenue Fund;
( b) if the reserve fund is not less than the paid-up capital, one fifth of the surplus is to be allocated to the reserve fund until the reserve fund reaches an amount five times the paid-up capital, and the residue is to be paid to the Receiver General and form part of the Consolidated Revenue Fund; and
( c) if the reserve fund is not less than five times the paid-up capital, the whole of the surplus is to be paid to the Receiver General and form part of the Consolidated Revenue Fund.
R.S., 1985, c. B-2, s. 27; 2007, c. 6, s. 395(E).
Amazing, that they make so many references and spell-out the parameters to something that you insist doesn't exist.