Examining the Consequences of Mortgage Irregularities for Financial Stability and Foreclosure Mitigation

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By Barry Ritholtz - November 18th, 2010, 6:16AM

Please see attached report from the Congressional Oversight Panel.

Examining the Consequences of Mortgage Irregularities for Financial Stability and Foreclosure Mitigation:

Congressional Oversight Panel Report – 11-16-2010

Bounce Time

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By Barry Ritholtz - November 18th, 2010, 6:06AM

Futures screaming higher after the recent whackage on GM’s IPO and a and a European Union-led bailout package for Ireland (no word on Greece, however).

Bloomberg reports that Stocks rose around the world, the euro strengthened and commodities snapped two days of losses. Treasuries dropped, sending the yield on the 10-year note up two basis points to 2.90%. Silver increased 3.8 percent and oil added 1.8%.

The most recent sell off wiped more than $2 trillion off the value of global equities since the start of last week.

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click for updated futures

The Story of Monetary Policy

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By Barry Ritholtz - November 17th, 2010, 5:30PM

As we noted previously, many of the critics of QE2 have put together a pretty awful track record of analyzing markets, economy and the Fed.

QE2, for better or worse, has legitimate reasons for criticism, but unfortunately, many current critics are merely spotlight seeking media whores who are rather uninformed as to the workings of the Fed.

To clarify these misunderstandings, the Federal Reserve has elected to explain the meaning and purpose of monetary policy. They have chosen to do so in a way that is at the appropriate level for at least some of their critics: Comic Book form.

Full embed of Comic PDF after the jump . . .

Read the rest of this entry »

If Other Directors Made The Social Network

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By Barry Ritholtz - November 17th, 2010, 4:52PM

Reverse Engineered Securitization Flow Chart

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By Barry Ritholtz - November 17th, 2010, 3:30PM

Awesome chart, from Dan Edstrom via Zero Hedge:

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click for ginormous graphic

Dual Mandate for Fed: Humphrey-Hawkins Bill

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By Invictus - November 17th, 2010, 2:30PM

Here is the NYT 1978 article discussing the authorization of Humphrey–Hawkins Full Employment Act:

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Humphrey Hawkins Bill

Unmasked: The Super Villain of Subprime

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By Barry Ritholtz - November 17th, 2010, 12:30PM

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Dear Uncle Sucker . . .

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By Barry Ritholtz - November 17th, 2010, 11:38AM

For many years, I’ve been a fan of Warren Buffett’s long term approach to value investing. Understanding the value of a company, regardless of its momentary stock price, is a great long term investing strategy.

But it pains me whenever I read commentary from Buffett that glosses over reality or is somehow self-serving. His OpEd in the NYT today – Pretty Good for Government Work – paints an artificially rosy picture of the Bailout, ignores the negatives, and omits his own financial interest in government actions.

What might he have written if Sir Warren was dosed with some sodium pentothal before he sat down to pen that “Thank you” letter? It might have gone something like this:

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DEAR Uncle Sam Sucker,

I was about to send you a thank you note for bailing out the economy . . . but then some nice men dressed in Ninja outfits came in and shot me full of truth serum. That led me to make one more set of edits to my letter thanking you for saving the economy.

It also helped me recall some things I seemed to have forgotten in my other public pronunciations about the bailouts.

I suddenly recalled who it was who allowed the banks to run wild in the first place: You. Your behavior before, during and after the crisis was the epitome of a corrupt and irresponsible government. You rewarded incompetency, created moral hazard, punished the prudent, and engaged in the single biggest transfer of wealth from the citizenry of the United States to the Wall Street insiders who created the mess in the first place.

Kudos.

Before I get to the bailouts, I have to remind you that in:

• 1999, you passed the Financial Services Modernization Act. This repealed Glass-Steagall, the law that had successfully kept main street banking safely separated from Wall Street for seven decades. Even the 1987 market crash had no impact on Main Street credit availability, thanks to Glass-Steagall.

• 1997-2010, you allowed the Credit Rating Agencies to change their business model, from Investor pays to Underwriter pays — a business structure known as Payola. This change effectively allowed banks to purchase their AAA ratings, and was ignored by the SEC and other regulators.

• 2000, you passed the Commodities Futures Modernization Act. It allowed the shadow banking industry to develop without any oversight by the Commodity Futures Trading Commission, the SEC, or the state insurance regulators. This led to rampant creation of credit-default swaps, CDOs, and other financial weapons of mass destruction — and the demise of AIG.

• 2001-04, the Fed, under Alan Greenspan, irresponsibly dropped fund rates to 1%. This set off an inflationary spiral in housing, commodities, and in most assets priced in dollars or credit.

• 1999-07, the Federal Reserve failed to use its supervisory and regulatory authority over banks, mortgage underwriters and other lenders, who abandoned such standards as employment history, income, down payments, credit rating, assets, property loan-to-value ratio and debt-servicing ability.

• 2004, the SEC waived its leverage rules, allowing the 5 biggest Wall Street firms to go from 12 to 1 to 20, 30 and even 40 to 1. Ironically, this rule was called the Bear Stearns exemption.

These actions and rule changes were requested by the banking industry. Rather than behave as adult supervision, you indulged the reckless kiddies, looking the other way as they acted out. You were the grand enabler of the finance sector’s misbehavior. Hence, you helped create the mess by allowing the banking sector to run roughshod over decades of successful constraints. (Kudos again on that).

There were voices warning about the upcoming crisis, but you managed to turn a deaf ear to them: Warnings about subprime lending, problems with securitization, against the false claim that residential real estate never went down in value, or that the models forecasting VAR were wildly understating risk. An economy driven by growth dependent upon credit fueled consumption was unsustainable, and yet you encouraged that reckless credit consumption. The compensation schemes for Wall Street were hilariously short term (ignored by you); the crony capitalism of Boards of Directors that undercut market discipline was similarly ignored. You encouraged the hollowing out of the US economy, allowing it to become increasingly “Financialized” at the expense of industry and manufacturing. What was once a small but important part of the economy became dominant, yet unproductive, with your blessing.

Bottom line: You were at a loss for understanding the many factors that led to the crisis in the first place.

When the crisis struck, you did not seem to understand the role you should play. Instead of stepping up to halt the financialization, to unwind it, you gave away the shop. You failed to extract concessions from firms on the verge of bankruptcy. Your negotiating skills were embarrassing. In the face of meltdown, you panicked.

You could have undone the decades of radical deregulation at that moment. You could have fired the incompetent management, wiped out the shareholders who invested in insolvent companies, gave the creditors and bond holders a major haircut for their foolish lending. Instead, you rewarded them for their gross incompetence.

The solutions you ran with were ad hoc, poorly thought out, improvised. You crossed legal boundaries, putting the Fed in the position of vio0lating its charter and exceeding its mandates. You created a Moral Hazard, the impact of which may not be felt until decades in the future.

Very few of your senior elected and appointed officials understood what was going on.

Rather than offer an intelligent response to the crisis, you delivered brute force: Trillions of dollars were thrown at the problem, papering over its symptoms but not its underlying causes.

Well, Uncle Sam, you delivered a motherload of cash. Considering the dollar sums involved, your actions were remarkably ineffective. What was left over afterwards was a wildly over-leveraged consumer whose credit limits had been reached; State and municipal budgets were heavily dependent upon that excess consumer spending, creating huge budget holes because of it. Net net: The resultant economy was in the worst recession since the Great Depression.

As a student of the Great Depression, Ben Bernanke should have had the best grasp – but his bailout of Bear Stearns revealed him to be just another banker, intent on saving the banks – banking system be damned. To give you a clue of exactly how lost Hank Paulson was, he spent his time praying, and creating documents that exempt himself personally for liability. He’s from Goldman, so we know that “team first” ain’t exactly his style. Tim Geithner, who did such a stupendous job overseeing the banks in the first place, was n way over his head. And while I never voted for George W. Bush, I give him great credit for hiding under the bed and pretty much staying out of everyone else’s way. I would call him clueless, but that wouldn’t be fair to the legions of clueless around the world.

Sheila Bair grasped the gravity of the situation earliest, and put numerous failed banks through the insolvency process. If we were smart, we would have allowed her to work her way through the entire finance sector, effecting a GM-like prepackaged bankruptcy for Citigroup, Bank of America, Merrill Lynch, Morgan Stanley, AIG, etc. It would have been painful as hell, but we would be much better off had we allowed her to tear the band aid off quickly. Instead, we are suffering through a death of a 1000 cuts, Japanese style.

I would be remiss if I failed to mention my personal positions in this: I made a killing in Goldman Sachs and GE. My investments in Wells Fargo would have been a disaster if not for you. Don’t even get me started with me being the largest shareholder in Moody’s – that was some clusterf#@k. And considering all of the counter-parties that Berkshire Hathaway has, we risked being just another insolvent investment firm along with everyone else had nothing been done.

So I must say thanks to you, Uncle Sam, and your aides. In this extraordinary emergency, you came through for me — and my world looks far different than if you had not.

Your grateful but wide-eyed nephew,

Warren

Multi family a huge drag on housing starts

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By Peter Boockvar - November 17th, 2010, 11:06AM

Oct Housing Starts were well below expectations at 519k annualized vs the forecast of 598k. It’s at the lowest level since Apr ’09 and was mostly led by a very sharp fall in the multi family category where starts fell to 83k from 147k, the lowest since Feb and is 82% below the peak in ’06. Single family starts fell modestly to 436k from 441k. Permits for both sectors were little changed from Sept and for the multi family area specifically, it implies a snap back in construction. Also, the secular drop in homeownership rates should also buoy multi family housing for years to come. In terms of single family starts and the high level of existing homes for sale, we should root for lower starts at the short term expense of a lower contribution to GDP from residential construction.

Déjà Vu All Over Again?

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By Invictus - November 17th, 2010, 10:30AM

The last IPO that was as widely anticipated as the current GM offering was Visa (V), which filed in late 2007 and priced in early 2008.  It was a veritable bell-ringer at the top of the market.

Additionally I’d note, via Investors Intelligence:

The bulls surged all the way up to 56.2%, from 48.4% last week. Twelve weeks ago their number was just 29.4%, at the late August bottom. That reading below 30% was a low since March 2009. We are now just below the 56.5% reading from December 2007. Bulls at 55% show excessive optimism and a rally in danger while less than 30% shows too little and suggests a buying chance.

Warning flags are waving, in my humble opinion.

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