Friday, March 27, 2009

Time to Declare Economic Marshall Law!

Since Washington has created the mother of all moral hazards by not holding anyone accountable for this unprecedented economic disaster, the repercussions of which we will be facing for decades to come, rather they have elected to reinforce the offending behavior, thereby guaranteeing its reoccurrence, by paying the offenders enormous bonuses and labeling the Americans (AKA Joe or Jane Taxpayer) who are outraged byy this egregious inequity as “distracted”. Some how it hasn’t quite registered that if Washington is unable to comprehend something as patently obvious as not rewarding the culprits who got us into this mess in the first place by paying them enormous bonuses, then what exactly could Washington possibly be getting right in attempting to correct the disaster? If Washington is serious about wanting to prevent the same mess from occurring yet again in the future it may be time to declare “Economic Marshall Law” and make those responsible face the music. If no one has “technically” done anything illegal (how about gross negligence for starters?) and therefore cannot be criminally prosecuted, this may be the way to go.

If a corrupt compensation system, rampant with incentives in all the wrong places, helped get us into this mess, then start by eliminating it and replacing it with a system featuring the appropriate incentives which are aligned with the best interests of the U.S. taxpayers. If the American taxpayers now have a majority interest in these bailed out firms then don’t its employees have a fiduciary responsibility to protect us from further losses or at the very least to minimize our losses?

Why not begin by disincentivising the employees of the now taxpayer bailed out firms from leaving their jobs by penalizing those who do opt to go, that is those who choose to bail out on us rather than stand by to help clean up their own mess, by establishing a tax penalty or surcharge on the future earnings of any departing employees (or they could be labeled as economic enemy combatants and threatened with detention at Guantanamo:). Then incentivise these employees to stay on and help restore their firms to health by promising to pay their bonuses after the U.S. taxpayer is repaid and offer added incentive bonuses based on a time table of how quickly their firm is able to repay Uncle Sam with interest. What better way could there possibly be to retain these employees than to guarantee payment of the bonuses they claim are due to them for 2008, on top of incentive bonuses promised for rapid repayment of taxpayer dollars, than to pay out this compensation after their firm is restored to financial health and the U.S. taxpayers have been repaid? After all had these companies been allowed to go bankrupt, without taxpayer intervention, the whole bonus issue would have likely been a moot point as insolvent businesses do not typically pay out bonuses!

If Washington found a way to hold onto some 13,000 military personnel who had actually performed and bravely satisfied their employment contracts by creating the “stop loss” program, declaring a time of “extraordinary circumstances”, then declare Economic Marshall Law now, our ravaged economy has proven to be every bit of a national security threat and force these employees to stay on the job until the U.S. taxpayers are repaid. This should be their legal and moral responsibility to all current and future generations of tax paying Americans. Seems pretty simple to me, what am I missing?


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Monday, March 9, 2009

New Data on Delinquencies and Foreclosures, and New Details on the Obama Mortgage Plan

Loan delinquencies rose to record-breaking levels in 2008, but new data show foreclosure rates may be staying put. With new details about Obama’s mortgage modification plan emerging, economic experts and homeowners alike are hoping the plan will point the way towards reduced foreclosures and loan relief.

The percentage of delinquent loans in the fourth quarter of 2008 broke the longstanding record, according to the Mortgage Bankers Association's quarterly delinquency survey released on Thursday. Loans at least 30 days past due rose to 7.88% on a seasonally adjusted basis. Jumping from 6.99% in the third quarter, the increase was the biggest jump since the MBA survey began in 1972.

Loans that are either in the foreclosure process or at least one payment past due totaled a seasonally adjusted 11.18%, the highest ever recorded in the survey.

The survey cited several reasons for the increasing figures, including the rise in unemployment due to layoffs, and the deepening recession. The hardest-hit states continue to be California, Florida and Nevada. Some key states have seen sharp increases in delinquencies, including Louisiana, New York, Texas and Georgia.

Some good news does exist, however. The rate of new foreclosures has remained essentially stagnant. The rate of mortgages entering the foreclosure process, which hit 1.08%, has stayed basically flat for the last three quarters of 2008. According to the MBA’s chief economist, servicers are delaying foreclosure starts in favor of modifying loans or other arrangements, or due to local moratoriums placed on foreclosures.

To further slow foreclosure figures and prevent new foreclosures, the Obama administration announced additional details this week about the proposed mortgage program, designed to help up to nine million families restructure or refinance their mortgages.

The “Making Home Affordable” program takes aim at foreclosures not just to help struggling families, but also to prevent the devaluation of neighborhoods, and stop the steady decline of home values.

Eligibility requirements have been clarified. Those eligible for refinancing under the program are homeowners who are current on their mortgage payments but haven't been able to refinance due to the decrease in the value of their home. Other requirements include:

The loans must be owned or guaranteed by Fannie Mae or Freddie Mac
The property must be owner occupied
The borrower has to have income to support the new mortgage debt
Borrowers need to owe between 80% and 105% of the value of their home
The borrower must have an unpaid principal balance equal to or less than $729,750
The mortgage must have originated before Jan. 1, 2009
Mortgage payments -- including taxes, insurance and homeowners association dues -- have to be higher than 31% of the borrower's gross monthly income

A list of all participating servicers will soon be available online (at FinancialStability.gov).

Mortgages refinanced under the plan will have terms of 30 or 15 years and have a fixed interest rate. The new rate will be fixed for a minimum of five years.



For Further Reading:
More Than 11 Percent of Mortgages Delinquent or in Foreclosure
Mortgage delinquency rate hits record: MBA
Making your home affordable


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Monday, March 2, 2009

The Mortgage Fiasco: How the Housing Bubble Developed and Why the Crisis Will Likely Get Worse…

By Keith Schemm.

In my previous article I discussed some of the reasons why the housing crisis appeared, why borrowers were undeterred by the warning signs of a bubble and how the traditional mortgage broker wasn’t to blame for mistakes made by real estate investors aggressively chasing after profits. Shortly after June of 2003, when mortgage rates hit historic lows, I think that borrower psychology shifted, which resulted in real estate no longer being viewed as a place of residence but as a risk-free investment vehicle for generating equity gains.

Fixed rates for mortgages had clearly bottomed in the early summer of 2003 and as the rates on 10 year Treasuries jumped in July and August of that year we saw a pullback in the number of prime borrowers who were refinancing adjustable rate mortgages into fixed rate loans. The financially savvy baby boomers at that time were for the most part placing their permanent loans on primary residences, second homes, and investment properties that they intended to keep for the long haul. After all, they had lived through the property cycles of the eighties and early nineties and they knew how the ownership game worked. The cost basis of these properties was still modest and the price spiral had not yet begun.

Under normal circumstances, the rising interest rate cycle would have caused housing affordability to suffer, resulting in a slow down in the buying cycle and putting the brakes on the rapid ascent of home values. In previous cycles, when home values became stagnant, a shift to conservatism would have prevailed that would have automatically served to slow down and stabilize the entire system.

However, because there was an inter-generational transition going on (the youngest boomers were turning 40 and the oldest were pushing 60) and a wave of sophisticated new arrivals and Generation Xer’s were now getting their first shot at home ownership, making things different this time. It is at this point that the normal cycle was pre-empted by these events as a generation of fresh buyers were enabled by the advent of new mortgage financing products which lead them to develop an appetite for housing acquisition as pure investment that then became the game-changer.

A number of factors such as higher education levels, rapid financial achievement, and familial pressures for owning versus renting came together to create the real estate super-speculator which helped create the bubble we are now facing. The fast-forward desire for real estate ownership by the individual that would have normally been aspired to in the course of a decade was compressed into just a few years. This short circuited process had both an upside and downside to it. The early adopters of this strategy benefited handsomely via huge (albeit temporary) ramping up of home prices. But the unrealistic expectations for future appreciation that were raised in each successive wave of buyers that came after ward, destroyed the stability of the system of property ownership as a means of building wealth. Many of the new buyers were not ready for the financial consequences of their actions.

We saw parents helping children accomplish what they themselves took years of hard work and saving to achieve, seemingly happened over-night. For example, there is nothing like the experience of renting and saving for a down payment to focus the attention of a borrower on the responsibilities of home ownership. People seemed to know the price of everything, but the value of nothing. The income and credit qualification process was transformed from a litmus test of financial capacity and true readiness into a game of jump through the hoops and find the cheese at the end of the maze.

Throughout 2004 and 2005 prices continued to climb upward and appreciation of 20% and beyond in a year became common, leading to a destructive attitude towards financial prudence which tended to breakdown people’s reluctance to over-encumber themselves. Deferred gratification was an anachronism. Why bother saving 20% (or even 10%) for a down payment on a home when you could take on a little risk and make that return in a year if you purchased immediately, with nothing down, and accept a minimal mortgage payment on an Option ARM. The financial system was in the process of converting all available income, both present and future, into borrowing power and capitalizing that into the present value of real estate.

Each successive wave of borrowers using creative financing enabled the next by forcing them off the fence and into ownership before they were financially ready. As underwriting ratios were pushed to the maximum; new products were introduced to allow the next wave to come into the market and buy. When the standard 80-20 (LTV-Down Payment) fixed rate or adjustable purchase loan was eclipsed as the standard there was no going back. Soon avoiding Private Mortgage Insurance (PMI) became an accepted practice as borrowers resorted to 80-10-10 financing and then the no-down payment loans followed. Over time what was created was a layering of speculators and borrowers with increasingly riskier loan products which had inherently worse capacities to service loans. All were counting on home prices rising ad infinitum in order to bail them out of a situation that in the long run was unsustainable.

Where we go from Here…

In a late 2006 presentation to investors, Credit Suisse showed how this layering of mortgage risk categories could play out as an ARM Reset Schedule in the coming years. In the graphic below we see that this scenario has in fact played out over the last 24 months is a failure of the sub-prime loans en mass. But what’s coming next?





We are living through an historic time and this period will be looked back upon as a defining moment. What will transpire in the next four years with the un-winding of the mortgage credit bubble as it spreads to Alt-A and Option ARMS will seem unbelievable. Over the next few years as society deals with the aftermath of the mortgage credit contraction, along with the unwinding of derivatives worldwide, including: liquidations, bankruptcies, foreclosures and subsequent homelessness and unemployment that will result, future generations will look back and ask the reasons for the dramatic shift that transpired in the way we lived at the end of the 20th century and the first decade of the new millennium.

These factors are now converging in a self-reinforcing and vicious cycle which will eventually cause the US economy and government finances to implode at virtually every level within the next several years, possibly within month and the rest of the world will follow suit as well. The delicate global infrastructure that is so highly dependent on the smooth functioning of both physical and financial transactions is being thrown into global and domestic chaos.

Moreover, in the past a wrench in the gears of finance could be dealt with over time by additional growth in another area of the economy. But in today’s highly integrated global economy, any loss of income committed to mortgage and other debt service could spell disaster. Our economies have evolved during these relatively quiet decades into a fatally sophisticated system of interdependencies that rely upon stability in critical engines of finance and commerce. That stability is now gone. As the Credit Suisse graphic of mortgage resets implies we are now in the eye of the storm between the effects of the Sub-prime Crisis and those coming in 2009 from the Alt-A and the Option ARM loans. Another cautionary note, the potential fiascos in securitized commercial real estate, student, auto, and credit card debt are also currently looming on the horizon.


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Home Prices Fall as Delinquencies Rise

New reports released this week revealed decreased home prices, increased delinquencies, and a population of borrowers eager to shed their adjustable rate mortgages.

Home prices in 20 major cities in the U.S. dropped 2.5% in December 2008, according to the Case-Shiller home price index released Tuesday by Standard & Poor’s. In addition, home prices in these cities were down a record 18.5% from December 2007. In the original 10-city index compiled by Case-Shiller, prices were down 2.3% in December, and a record 19.2% from the previous year.

On average, home prices are at levels similar to late 2003, wiping out years of appreciation in the process. The biggest declines were seen in Phoenix, Las Vegas, and San Francisco, where prices were down over 30% from the previous year.

As home prices continue to decrease, equity is reduced, and interest rates reset for many borrowers, delinquencies are accelerating. In the fourth quarter of 2008, bank loan delinquencies were growing faster than at any other time since the Fed started collecting data in 1985, the Federal Reserve reported Tuesday.

In residential real estate, the delinquency rate rose to a record 6.3%, increasing from 5.2% in the third quarter and 3% in 2007. The seasonally adjusted delinquency rate, combining loan delinquencies for residential and commercial real estate, as well as consumer credit cards, rose to 4.6%, up from 3.7% in the third quarter. It’s the highest delinquency rate since 1992.

In an environment like this, with depressed real estate and uncertain loans, new data show American homeowners are bypassing adjustable rate mortgages and aiming for the traditional and the secure.

Of those prime borrowers who refinanced adjustable rate mortgages in fourth quarter of 2008, 97% opted for a fixed-rate mortgage, according to a quarterly report from Freddie Mac. Of those homeowners who already had fixed-rate mortgages and refinanced, 99.7% chose to remain with fixed-rate mortgages.

“The very low interest rates for fixed-rate loans compared with ARM rates in the fourth quarter, combined with worries that rates may rise in the future when the economic recession ends, enticed refinancing borrowers to seek the security of long-term fixed-rate mortgages,” said Freddie Mac chief economist Frank Nothaft in a statement. “When borrowers can lock in a rate of 5 percent or less for 15 years or longer, it’s hard to find a reason not to take it.”


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