Europe and OT this

Email this post Print this post
By Peter Boockvar - October 19th, 2011, 7:25AM

Following the report in the UK’s Guardian late yesterday on the possibility of a 2T euro EFSF on steroids, the prospect of a deal was denied and the FT Deutschland is reporting that the German Finance Minister Schaeuble said the leveraged EFSF will be 1T euros max. Either way, the prospect of a deal by the weekend has the euro and European markets higher. Keep in mind, if the crux of the problem is too much sovereign debt, the markets are cheering the prospect of the region taking on even more debt responsibilities. Buying time though, again, is the main goal. Olli Rehn said the talks are a “work in progress” and “I trust we will have results” this weekend. They better. Moody’s downgrade of Spain to A1 has them 1 notch below Fitch and S&P. While CDS in Spain and other European countries are narrower in response to the ban on naked CDS (will they ban naked put buying next?), yields are higher with the Spanish 10 yr yield up for an 8th straight day and the French 10 yr at 3.2% for the 1st time since early Aug. The Italian 10 yr is just 10 bps from 6% again. The Greek 1 yr is up 600 bps to a new high of 186%. Operation Twist This, the MBA said refi’s fell 16.6% to a 5 week low and purchases dropped 8.8% to a 6 week low as the avg 30 yr mortgage rate of 4.33% has now gotten back all of its OT excitement drop. II: Bulls 35.8 v 34.4 Bears 41.0 v 46.3

Fraudclosure Errors Destroying Americans’ Property Rights

Email this post Print this post
By Barry Ritholtz - October 19th, 2011, 7:14AM

Over the past 2 years, I have warned repeatedly about the dangers to American property rights caused by massive bank fraud, A deadly combination of MERS, robo-signing, and illegal shortcuts have created a horrific situation. A bedrock of our society — the ability for the owner of a piece of real estate to confidently convey that property, along with all associated property rights — is now in danger.

It was the inevitable result of the frauds that too many state Attorneys General seem unwilling to prosecute.

The end results of that massive fraud, and the State’s refusal to hold the wrongdoers accountable, are simply this:

“The highest court in Massachusetts ruled that a homeowner who bought a foreclosure that hadn’t been properly conducted by the foreclosing bank in 2006 didn’t have legal ownership of the property.

The decision by the Supreme Judicial Court casts a cloud over the legal ownership of any properties in Massachusetts where banks didn’t properly convey title when foreclosing. The problem has gained attention nationwide because of banks’ use of “robo-signing” and other dubious practices that may have broken chains of title on foreclosures.

The case follows a previous state court decision that voided a foreclosure when banks couldn’t prove that they owned mortgages when they initiated foreclosure proceedings.”

(WSJ, State Rules on Foreclosure)

The Rule of Law is yet another bedrock foundation of this nation. It seems to get ignored when the criminals involved received billions in bipartisan bailout monies.

The line of bullshit being used on State AGs is that we risk an economic crisis if we prosecute these folks.

The people who claim that fail to realize that the opposite is true — the protest at Occupy Wall Street, the negative sentiment, the general economic angst — traces itself to the belief that there is no justice, that senior bankers have gotten away with economic murder, and that we have a two-tiered criminal system, one for the rich and one for the poor.

Today’s NYT notes the gloom that has descended over consumers, and they suggest it may be home prices. I think they are wrong — in my experience, the sort of generalized rage and frustration comes about when people realize the institutions they have trusted have betrayed them. Humans deal with financial losses in a very specific way — and its not fury.  This is about a fundamental breakdown of the role of government, courts, and leadership in the nation. And it all traces back to the bailouts of reckless bankers, and the refusal to hold then in any way accountable.

There will not be a fundamental economic recovery until that is recognized.

>

Previously :
Florida AG Takes Orders, Money from Fraudclosure Firm (October 12th, 2011)

About That Perjury, Judge . . . (January 11th, 2011)

Foreclosure Mill Attorney Explains How to Commit Fraud (December 30th, 2010)

The Big Lie on Fraudclosure (October 29th, 2010)

Foreclosure Fraud: “Systemic, Industrywide, Pervasive” (October 16th, 2010)

The Impact of Error From Securitization to Foreclosure (October 15th, 2010)

Legal Impossibilities & Foreclosure Errors (October 14th, 2010)

Why Foreclosure Fraud Is So Dangerous to Property Rights (October 12th, 2010)

Foreclosure Fraud Reveals Structural & Legal Crisis (October 5th, 2010)

Sources:
State Rules on Foreclosure
NICK TIMIRAOS
WSJ, October 19, 2011

http://online.wsj.com/article/SB10001424052970203658804576639553359831240.html

Gloom Grips Consumers, and It May Be Home Prices
BINYAMIN APPELBAUM
NYT, October 18, 2011

http://www.nytimes.com/2011/10/19/business/economic-outlook-in-us-follows-home-prices-downhill.html

Fed & BofA Dump Billions in Losses onto Taxpayers

Email this post Print this post
By Washingtons Blog - October 19th, 2011, 6:30AM

The Federal Reserve and Bank of America Initiate a Coup to Dump Billions of Dollars of Losses on the American Taxpayer

Bloomberg reports that Bank of America is dumping derivatives onto a subsidiary which is insured by the government – i.e. taxpayers.

Yves Smith notes:

If you have any doubt that Bank of America is going down, this development should settle it …. Both [professor of economics and law, and former head S&L prosecutor] Bill Black (who I interviewed just now) and I see this as a desperate move by Bank of America’s management, a de facto admission that they know the bank is in serious trouble.

The short form via Bloomberg:

Bank of America Corp. (BAC), hit by a credit downgrade last month, has moved derivatives from its Merrill Lynch unit to a subsidiary flush with insured deposits, according to people with direct knowledge of the situation…

Bank of America’s holding company — the parent of both the retail bank and the Merrill Lynch securities unit — held almost $75 trillion of derivatives at the end of June, according to data compiled by the OCC. About $53 trillion, or 71 percent, were within Bank of America NA, according to the data, which represent the notional values of the trades.

That compares with JPMorgan’s deposit-taking entity, JPMorgan Chase Bank NA, which contained 99 percent of the New York-based firm’s $79 trillion of notional derivatives, the OCC data show.

Now you would expect this move to be driven by adverse selection, that it, that BofA would move its WORST derivatives, that is, the ones that were riskiest or otherwise had high collateral posting requirements, to the sub. Bill Black confirmed that even though the details were sketchy, this is precisely what took place.

And remember, as we have indicated, there are some “derivatives” that should be eliminated, period. We’ve written repeatedly about credit default swaps, which have virtually no legitimate economic uses (no one was complaining about the illiquidity of corporate bonds prior to the introduction of CDS; this was not a perceived need among investors). They are an inherently defective product, since there is no way to margin adequately for “jump to default” risk and have the product be viable economically. CDS are systematically underpriced insurance, with insurers guaranteed to go bust periodically, as AIG and the monolines demonstrated. [Background.]

The reason that commentators like Chris Whalen were relatively sanguine about Bank of America likely becoming insolvent as a result of eventual mortgage and other litigation losses is that it would be a holding company bankruptcy. The operating units, most importantly, the banks, would not be affected and could be spun out to a new entity or sold. Shareholders would be wiped out and holding company creditors (most important, bondholders) would take a hit by having their debt haircut and partly converted to equity.

This changes the picture completely. This move reflects either criminal incompetence or abject corruption by the Fed. Even though I’ve expressed my doubts as to whether Dodd Frank resolutions will work, dumping derivatives into depositaries pretty much guarantees a Dodd Frank resolution will fail. Remember the effect of the 2005 bankruptcy law revisions: derivatives counterparties are first in line, they get to grab assets first and leave everyone else to scramble for crumbs. [Background.] So this move amounts to a direct transfer from derivatives counterparties of Merrill to the taxpayer, via the FDIC, which would have to make depositors whole after derivatives counterparties grabbed collateral. It’s well nigh impossible to have an orderly wind down in this scenario. You have a derivatives counterparty land grab and an abrupt insolvency. Lehman failed over a weekend after JP Morgan grabbed collateral.

But it’s even worse than that. During the savings & loan crisis, the FDIC did not have enough in deposit insurance receipts to pay for the Resolution Trust Corporation wind-down vehicle. It had to get more funding from Congress. This move paves the way for another TARP-style shakedown of taxpayers, this time to save depositors. No Congressman would dare vote against that. This move is Machiavellian, and just plain evil.

The FDIC is understandably ripshit. Again from Bloomberg:

The Federal Reserve and Federal Deposit Insurance Corp. disagree over the transfers, which are being requested by counterparties, said the people, who asked to remain anonymous because they weren’t authorized to speak publicly. The Fed has signaled that it favors moving the derivatives to give relief to the bank holding company, while the FDIC, which would have to pay off depositors in the event of a bank failure, is objecting, said the people. The bank doesn’t believe regulatory approval is needed, said people with knowledge of its position.

Well OF COURSE BofA is gonna try to take the position this is kosher, but the FDIC can and must reject this brazen move. But this is a bit of a fait accompli,and I have NO doubt BofA and the craven, corrupt Fed will argue that moving the derivatives back will upset the markets. Well too bad, maybe it’s time banks learn they can no longer run roughshod over regulators. And if BofA is at that much risk that it can’t survive undoing this brazen move, that would seem to be prima facie evidence that a Dodd Frank resolution is in order.

Bill Black said that the Bloomberg editors toned down his remarks considerably. He said, “Any competent regulator would respond: “No, Hell NO!” It’s time that the public also say no, and loudly, to this new scheme to loot taxpayers and save a criminally destructive bank.

Professor Black provided a “bottom line” summary in a separate email:

1.The bank holding company (BAC) is moving troubled assets held by an entity not insured by the public (Merrill Lynch)  to the Bank of America, which is insured by the public
2. The banking rules are designed to prevent that because they are designed to protect the FDIC insurance fund (which the Treasury guarantees)
3. Any marginally competent regulator would say “No, Hell NO!”
4. The Fed, reportedly, is saying “Sure, no worries” by allowing the sale of an affiliate’s troubled assets to B of A
5. This is a really good “natural experiment” that allows us to test whether the Fed is protects the public or the uninsured and systemically dangerous institutions (the bank holding companies (BHCs))
6. We are all shocked, shocked [sarcasm] that Bernanke responded to the experiment by choosing to protect the BHC at the expense of the public.

Karl Denninger writes:

So let’s see what we have here.

Bank customer initiates a swap position with Bank.  In doing so they intentionally accept the credit risk of the institution they trade with.

Later they get antsy about perhaps not getting paid.  Bank then shifts that risk to a place where people who deposited their money and had no part of this transaction wind up backstopping it.

This effectively makes the depositor the “guarantor” of the swap ex-post-facto.

That the regulators are allowing this is an outrage.

If you’re a Bank of America customer and continue to be one you deserve whatever you get down the line, whether it comes in the form of higher fees and costs assessed upon you or something worse.

Stand Up to the Coup

Bank of America has repeatedly become insolvent due to fraud and risky bets, and repeatedly been bailed out by the government and American people. The government and banks are engineering an age of permanent bailouts for this insolvent, criminal bank (and the other too big to fails).  Remember, this is the same bank that is refusing to let people close their accounts.

This is yet another joint effort by Washington and Wall Street to screw the American people, and to trample on the rule of law.

The American people will be stuck in nightmare of a never-ending depression (yes, we are currently in a depression) and fascism (or socialism, if you prefer that term) unless we stand up to the overly-powerful Fed and the too big to fail banks.

An Entrepreneur’s Three Secrets to Success

Email this post Print this post
By Barry Ritholtz - October 19th, 2011, 6:00AM

David Gilmour, one of the world’s most prolific entrepreneurs, shares his three key secrets of success in an interview with WSJ’s Robert Frank.


WSJ 10/12/2011 9:00:00 AM

Joe Scarborough: ‘You are the problem’ for mocking protests

Email this post Print this post
By Barry Ritholtz - October 19th, 2011, 2:00AM

CNBC reporter to Scarborough: ‘You are the problem’ for mocking protests

Watch this video from MSNBC’s Morning Joe, broadcast Oct. 17, 2011.




Who Is to Blame: Washington Or Wall Street?

Email this post Print this post
By Washingtons Blog - October 18th, 2011, 8:37PM

Poll: Conservatives Blame Washington, While Liberals Blame Wall Street

A new poll by The Hill shows that voters assign blame for the financial crisis depending on party:

In the minds of likely voters, Washington, not Wall Street, is primarily to blame for the financial crisis and the subsequent recession.***

The Hill poll found that only one in three likely voters blames Wall Street for the country’s financial troubles, whereas more than half — 56 percent — blame Washington.

***

The split on the question of apportioning blame for the nation’s economic travails corresponds closely with voters’ political ideologies: More than 7 in 10 conservatives blamed Washington for the recession, while more than 5 in 10 liberals blamed Wall Street.

But self-identified centrists, importantly, appear to be siding with the right on economic issues, with nearly half blaming Washington for the recession.

The difference also reflected voters’ views of Obama: Among those who “strongly” or “somewhat” approve of the president, most blamed Wall Street, while those who “strongly” or “somewhat” disapprove of the president blamed Washington.

Interestingly, those who described themselves as “not sure” about Obama nonetheless blamed Wall Street over Washington by a more than two-to-one margin, 55 percent to 23 percent.

The poll – conducted for The Hill by Pulse Opinion Research – asked the question of who is “more to blame for America’s recent financial crisis and recession”, Washington or Wall Street? But as shown below, that is the wrong question.

Who Is Really To Blame … Wall Street Or Washington?

So who is really to blame … Wall Street or Washington?

The answer – which can only be seen if we take of our partisan blinders long enough to look around – is both. But because both mainstream parties benefit from the fake left-right dog-and-pony show – because it keeps Americans from realizing that Wall Street and Washington are working together to screw the 99% – there are many loud voices on both sides trying to keep us from taking off our blinders.

As Matt Taibbi pointed out yesterday:

Take, for instance, the matter of the Too-Big-To-Fail banks …. These gigantic institutions have put millions of ordinary people out of their homes thanks to a massive fraud scheme for which they were not punished, owing to their enormous influence with government and their capture of the regulators.

This is an issue for the traditional “left” because it’s a classic instance of overweening corporate power — but it’s an issue for the traditional “right” because these same institutions are also the biggest welfare bums of all time, de facto wards of the state who sucked trillions of dollars of public treasure from the pockets of patriotic taxpayers from coast to coast.

Both traditional constituencies want these companies off the public teat and back swimming on their own in the cruel seas of the free market, where they will inevitably be drowned in their corruption and greed, if they don’t reform immediately. This is a major implicit complaint of the OWS protests and it should absolutely strike a nerve with Tea Partiers, many of whom were talking about some of the same things when they burst onto the scene a few years ago.

The banks know this. They know they have no “natural” constituency among voters, which is why they spend such fantastic amounts of energy courting the mainstream press and such huge sums lobbying politicians on both sides of the aisle.

Indeed, it is really the malignant symbiotic relationship between Big Government and Big Corporations (what Mussolini called “fascism”, numerous economists have called “socialism”, and others have called “crony capitalism”) which is the problem:

Both liberals and conservatives hate the malignant, symbiotic relationship between big government and big corporations:

Conservatives tend to view big government with suspicion, and think that government should be held accountable and reined in.

Liberals tend to view big corporations with suspicion, and think that they should be held accountable and reined in.

***

Conservatives hate big unfettered government and liberals hate big unchecked corporations, so both hate legislation which encourages the federal government to reward big corporations at the expense of small businesses.

Most Americans – whether they are conservative or liberal – are disgusted that virtually all of the politicians are bought and paid for. No wonder people of all stripes have lost all trust in our government.

And everyone hates government-enabled fraud. The big banks, of course, committed massive fraud. But the auditors, rating agencies and regulators also all committed fraud, which helped blow the bubble and sowed the seeds of the inevitable crash.

Indeed:

Both liberals and conservatives are angry that the feds are propping up the giant banks – while letting small banks fail by the hundreds – even though that is horrible for the economy and Main Street.

The Dodd-Frank financial legislation wasn’t a compromise where things landed somewhere in the middle between liberal and conservatives ideas. Instead, it enshrines big government propping up the big banks … more or less permanently.

Many liberals and conservatives look at the government’s approach to the financial crisis as socialism for the rich and free market capitalism for the little guy. No wonder both liberals and conservatives hate it.

And it’s not just the big banks. Americans are angry that the federal government under both Bush and Obama have handed giant defense contractors like Blackwater and Halliburton no-bid contracts. [And Solyndra and other solar companies]. They are mad that – instead of cracking down on BP – the government has acted like BP’s p.r. spokesman-in-chief and sugar daddy.

They are peeved that companies like Monsanto are able to sell genetically modified foods without any disclosure, and that small farmers are getting sued when Monsanto crops drift onto their fields.

They are mad that Obama promised “change” – i.e. standing up to Wall Street and the other powers-that-be – but is just delivering more of the same.

They are furious that there is no separation between government and a handful of favored giant corporations. [Indeed, Ben Bernanke has handed out more presents than Santa Claus to McDonald's Harley-Davidson, hedge funds and others.] In other words, Americans are angry that we’ve gone from capitalism to oligarchy.

As I noted Sunday:

The corrupt, giant banks would never have gotten so big and powerful on their own. In a free market, the leaner banks with sounder business models would be growing, while the giants who made reckless speculative gambles would have gone bust. See this, this and this.

It is the Federal Reserve, Treasury and Congress who have repeatedly bailed out the big banks, ensured they make money at taxpayer expense, exempted them from standard accounting practices and the criminal and fraud laws which govern the little guy, encouraged insane amounts of leverage, and enabled the too big to fail banks – through “moral hazard” – to become even more reckless.

Indeed, the government made them big in the first place. As I noted in 2009:

As MIT economics professor and former IMF chief economist Simon Johnson points out today, the official White House position is that:

(1) The government created the mega-giants, and they are not the product of free market competition

***

(3) Giant banks are good for the economy

And given that the 12 Federal Reserve banks are private – see this, this, this and this- the giant banks have a huge amount of influence on what the Fed does. Indeed, the money-center banks in New York control the New York Fed, the most powerful Fed bank. Indeed, Jamie Dimon – the head of JP Morgan Chase – is a Director of the New York Fed.

Any attempt by the left to say that the free market is all bad and the government is all good is naive and counter-productive.

And any attempt by the right to say that we should leave the giant banks alone because that’s the free market are wrong.

The [corrupt, captured government "regulators"] and the giant banks are part of a single malignant, symbiotic relationship.

Indeed, while most Americans are in favor of free market capitalism, we don’t have capitalism at the moment. Instead, we have socialism, fascism or crony capitalism, where the government allows a handful of companies to succeed by propping them up, covering up their fraud and handing them guaranteed profits … but allows everyone else to struggle.

For these reasons, a better poll question might be:

Do you know that the unholy alliance between Big Government and Big Government has destroyed the American economy and political system, or are you stuck in some partisan fog of ignorance and blaming one side or the other?

10 Tuesday PM Reads

Email this post Print this post
By Barry Ritholtz - October 18th, 2011, 5:00PM

My train reading this evening:

• Inequality, leverage and crises (VOX)
• 95% Cancer, 5% Alpha? (World Beta)
• EU ban on ‘naked’ CDS to become permanent (FT.com)
• French credit review threatens euro zone rescues (Yahoo Finance)
• No Financial Armageddon (Daily Beast)
• The Tax Reform Act of 1986: Should We Do It Again? (Economix)
• The Never-Ending Primary? (TPM)
• How David Beats Goliath (New Yorker)
• Apple’s Core Question: Whither Its Cash? (WSJ)
• Another View of Patents From James Dyson (NYT)

What are you reading?

Today’s Buys: BRK, V, QQQ, IWY

Email this post Print this post
By Barry Ritholtz - October 18th, 2011, 3:46PM


Google Charts: What Your Taxes Pay For

Email this post Print this post
By Barry Ritholtz - October 18th, 2011, 2:30PM

Do you really know what your taxes are paying for?

Click to see interactive version:

The chart above shows what your taxes went towards in 1987. The chart below shows what they went towards in 2010:

Source:
Google Charts What Your Taxes Pay For
FastCode Design, February 2011

Volcker Rule Risk Concentrated in 25 Banks

Email this post Print this post
By Barry Ritholtz - October 18th, 2011, 12:30PM

Bloomberg on the Volcker Rule:

“This Bloomberg Government Briefing finds that only 25 bank holding companies will have to report the quantitative measurements required under the proposed Volcker rule that eliminates proprietary trading. Such trading, which occurs when a financial company risks its shareholders’ capital by trading in the market, was banned in the Dodd-Frank law.

Regulators on Oct. 11 released a 298-page proposed rule1, named after former Federal Reserve Chairman Paul Volcker, detailing the quantitative measurements2 banks must use to evaluate all trading. These reporting measures include calculating future risk of loss, net profit and fees earned by each trading unit and the company itself. Banks with less than $1 billion in trading assets and liabilities are exempt from the disclosures, though they are still banned from proprietary trading. Reporting is mandatory for firms with $1 billion or more in trading account assets and liabilities3.

The rule allows customer-driven trades, market-making activity, hedging and some investments in hedge funds and private equity funds. The proposal doesn’t include numerical thresholds to determine what is — and isn’t — proprietary trading. This may make it difficult to determine which trading is prohibited.

This briefing finds:

  • The top 13 bank holding companies with trading assets and liabilities of $5 billion or more will have to comply with 17 reporting requirements4 for each of their subsidiaries and trading units. The metrics cover company-level and trading-unit-level risk, compensation and portfolio structures. It will take about 2,000 staff hours, or one staff year, per qualified subsidiary and trading unit to comply each year.
  • A second tier of 12 bank holding companies with trading assets and liabilities of at least $1 billion and less than $5 billion will have to comply with eight new reporting metrics for each of their subsidiaries and trading units. That would take about 1,900 staff hours of work annually per qualified subsidiary and trading unit.
  • The remaining 995 bank holding companies won’t have to comply with new reporting requirements in the Volcker rule because they don’t engage in sufficient trading activities, though they may have to adopt internal controls. These entities and their subsidiaries won’t be allowed to engage in proprietary trading.

Companies Subject To Most Stringent Reporting REquirements

There are 13 bank holding companies with trading assets and liabilities of $5 billion or more.10 These companies must report individual trade-level position information for each of their subsidiaries and market-making trading entities within each of the subsidiaries. The 17 required quantitative measurements, found in Appendix 1, must be calculated daily, and reported to regulators monthly for each market-making unit, and five of these metrics must also be reported for the company’s other trading units. Each company could have dozens of individual trading units that must comply.


~~~

Table 1: Bank Holding Companies With Average Trading Assets and Liabilities of $5 Billion or More

In billions, average calculated using the last four quarters of Y-9 data reported to the Fed from Sept. 30, 2010, through June 30, 2011.

Source: Federal Reserve and BGOV analysis

________________________________________________________________________________

1 Federal Reserve press release and link to draft rules: (retrieved Oct. 11, 2011).

2 Detailed in Appendix 1.

3 As reported to regulators on a bank holding company’s consolidated financial statements. This is a quantification of the firm’s overall trading activity.

4 Ibid.

10 Assets and liabilities are defined in the proposal on page 11: “A banking entity must comply with proposed Appendix A’s reporting and recordkeeping requirements only if it has, together with its affiliates and subsidiaries, trading assets and liabilities, the average gross sum of which, (on a worldwide consolidated basis) is, as measured as of the last day of each of the four prior calendar quarters.”

11 Average trading assets plus average trading liabilities as reported on Line Items 5 and 15 of the Consolidated Balance Sheet in the bank holding company’s Y-9 during four quarters.

12 Data for RBC was reported for only the past three quarters; therefore BGOV averaged for three quarters instead of four.

Source:
Bloomberg Government Briefing
Volcker Rule Risk Concentrated in 25 Banks
L.P. »www.bgov.com

43 queries. 1.050 seconds.