May 5, 2024

Loan Mods Just A Warmup For The Real Thing-A Mortgage Holiday

It has become increasingly obvious that the central banks of the world will engage in whatever desperate actions are necessary in order to sustain and increase our already unsustainable levels of debt.  The ridiculous idea of providing more credit to a financial system already imploding from oceans of debt seems to be the only solution that makes sense to our policy makers.

The alternative to keeping the credit engine going is to accept the economic pain necessary to restore sound finances.  Since the short term financial pain  would include very high unemployment, lower stock prices, frugal living standards, more credit write downs and  more asset destruction, it is a certainty which path the political and monetary authorities will chose.  Quantitative easing, bailouts and government borrowings are all certain to see immense increases.  The risk of inflation and debasement of the currency brought on by these techniques is apparently viewed as preferable to the pain of deleveraging.

The false prosperity of the past 25 years has come from a parabolic increase in the national debt.  One credit bubble after another in various asset classes have now burst leaving us with destroyed asset values and mountains of debt that can never be repaid.

Real national income has been stagnant for the last decade; attempting to address this problem by borrowing money to maintain living standards does not work long term since the interest costs eventually overwhelm a static income level as shown on the chart below.  With interests rate essentially at zero the Federal Reserve is now forced to employ the unconventional methods that Fed Chairman Bernanke has spoken about in the past.  The deflation we are now facing makes debt payments ever more onerous to the borrower.  Debts too large to be repaid by definition will not be repaid – the only two options are to default or attempt to reduce the debt through inflation of the currency.  The Fed has obviously chosen the later option.


Since the consumer represents roughly 80% of the economy,  there will be massive efforts to put cash into the American consumer’s pocket.   Additional income will not come from wage increases with the present high level of unemployment.   Additional cash  will not come from borrowing  since the banks have thus far largely refused to lend to poor credit risk consumers.   Additional cash will not come from lower rates since the Fed is out of bullets on rate decreases.   Those who are financially responsible do not want to borrow or spend since they are trying to save to make up for the huge wealth destruction they have sustained over the past two years.

What is the solution on how to put more money in the pockets of those consumers most likely to spend whatever cash they receive?  The proposed stimulus rebate program is presently the government’s only and preferred “solution” to over leverage and static incomes.   The next move beyond this point will be to simply provide a way for the consumer to simply stop paying his bills without technically defaulting on the debt.

Since the largest monthly payment most consumers have is the mortgage payment, it is increasing likely that as the economy continues its downward spiral, the government will allow a mortgage holiday, as I have previously predicted. This once unthinkable action was actually proposed today by Gordon Brown in Britain, where consumers have distinguished themselves by becoming the most indebted citizens of the world.

As reported by the Financial Times, “Gordon Brown on Wednesday granted homeowners in financial difficulty the right to demand a two-year mortgage holiday, guaranteed by taxpayers, in a dramatic bid to underpin the housing market.”    You can be certain that this program will eventually be applied to all mortgage holders in many countries.

According to the Federal Reserve, total home mortgage debt as of the second quarter of 2008 was $10.6 trillion, roughly equivalent to 80% of the GDP.    Assuming an average interest rate of 6.5% on this mortgage debt, the cost to the government (who would pick up the tab) would only be $700 billion per year, oddly enough the same size of the presently proposed rebate program.  Since we have already partly institutionalized the repudiation of debt through loan modification programs, this step is only a natural progression but applied to a wider number of people.

This program would no doubt be eagerly embraced and wildly popular with cash poor consumers. It would put cash into the pockets of those most likely to spend it, thereby helping the economy.  The minority of those without mortgages may be upset until they accept the wisdom of “wealth redistribution” now being preached as a method of helping those in need.

My view is that we will all end up equally poor.

US Bancorp Takes Fed’s Advice To Lend Aggressively

US Bancorp (USB) is still profitably while other banks can’t find enough zeros to put after their losses.  In the latest quarter ending September 30, 2008, USB’s net earnings declined by 48% to $576 million due mainly to an increase in provision for credit losses of $549 million in the quarter.  The increase in the provision for credit losses for the 9 months ending 9/30/2008 increased dramatically also, by $1.3 billion.  Nonetheless, even after these large increases for bad debts USB was still able to show a very respectable 9 month net income of $2.6 billion (down 23%).  A large reduction in their interest expense of $1.1 billion due to lower funding costs helped results considerably.

USB is a highly regarded well run institution still profitable and well capitalized despite horrendous losses by the banking industry in general.   Warren Buffet through Berkshire Hathaway owns over 4% of the company and other institutional investors own approximately 60% of the shares outstanding.  Of 22 analysts covering USB, there are 4 strong buys, 1 sell and the rest mainly hold.

USB pays a generous dividend of $1.70 yielding almost 8% at the current price although this is unlikely to be maintained since the payout is 100% of earnings.   If earnings continue to drop the dividend would probably be cut.   USB is borrowing $6.6 billion under the TARP program via a preferred stock sale.  USB is a non agency lender, retaining many of its mortgages.

USB’s portfolio is not heavily weighted to any particular lending sector, being spread geographically and across a broad spectrum of borrowers.  The short position on the stock is only 2% of the float.  In the last 12 months, of 71 insider trades there were 51 sells and 20 buys.

Level 2 assets as of 9/30/2008 totaled $41 billion and Level 3 assets totaled $3.7 billion, for a combined 214% of total equity, a potential source of earnings trouble depending on what mark to market rules ultimately apply and whether the credit quality of these assets deteriorate.   (Level 2 assets are not actively traded but priced on what similar securities are valued at; Level 3 assets are “model derived” using best guess estimates to determine value.)  As of 9/30/2008, USB had a derivatives position of total notional amount of $52 billion; the company states that it does not use derivatives for speculative purposes.

USB apparently is in a very strong position to lend and gain market share while its competitor banks struggle to stay alive.   With other banks reportedly reluctant to lend, it would seem that USB could cherry pick its customers, lending only to the best credits at a properly risk adjusted rate.  With this in mind, I spoke recently to some mortgage companies that broker loans to USB and reviewed some wholesale rate sheets that USB distributes to its broker network.  The following items are noted:

USB has a wholesale operation that aggressively recruits mortgage companies.  Many other banks have terminated their wholesale side of the business due to volume declines industry wide and also due to the questionable quality of brokered loans.   This gives USB the opportunity to pick up a lot of new business if they can effectively monitor the various brokers that they deal with.  The word on the street as I hear it is that USB is the most aggressive lender out there and if you have a deal you can’t get done, you  try USB.

USB allows debt ratios of up to 50% on a first position fixed rate loan and 45% on a first/second purchase with a FICO score over 680, subject to disposable income limits.   For a score of 650-679 a more reasonable debt ratio cap of 35% is imposed.  A debt ratio over 35% is neither “affordable nor sustainable” as I have detailed in past discussions.  The FDIC has recently proposed that mortgage borrowers in default have their loans modified so that the debt ratios of the mortgage payments do not exceed 31% of income.  There is a big difference between front end and back end debt ratios, but USB’s allowed debt ratios are aggressive lending standards under any circumstances.

No reserves are required for many of the USB loans.  This means you can have a borrower purchase or refinance a home with zero in savings to fall back on should unexpected expenses occur.  With a high debt ratio on top of no savings, this is a recipe for disaster for many homeowners.

USB has a very aggressive jumbo (over agency loan limits) loan program.  Some features as highlighted in their wholesale rate sheets are quoted, as follows:

-interest only to 80% loan to value; competition offers only 65% loan to value limit

-full 80% for cash out -competition allows only 70%

-no hits for cash out refinance – competition does not allow this or charges a rate adder or fee

-revolving debt (credit cards, etc) can be paid with cash out proceeds to qualify-competition does not allow.  (Credit card debt paid off with a refinance can be easily run up again causing payments to become unmanageable.)

-only 36 months out of bankruptcy allowed – competition requires 5 – 7 years.

The Wall Street Journal reports that USB had the greatest increase in loan volume, a whopping 35%, among midsized lenders, beating out BB&T and Flagstar Bank.  The reasons given by the Journal for the very large loan increase are different from mine as noted above.  Typically, the most aggressive lenders fund the most loans.

USB recently acquired failed $13 billion asset Downey Savings Bank in an FDIC arranged takeover.  Downey had a significant presence in California and Arizona.  USB agreed to accept the first $1.5 billion in losses on Downey’s portfolio; losses in excess of this amount are subject to a loss sharing agreement.

Downey was one of the biggest pay option arm lenders, which allowed borrowers to pay only a small portion of the interest actually accruing on a mortgage, thus resulting in negative amortization.  With the severe property declines in CA and AZ, many of these loans now greatly exceed the value of the mortgaged property.  In addition, many of the pay option arms allowed “stated income”.  80% of pay option arm holders pay the minimum payment each monthly and took out this type of loan because it was the only way they could afford the loan payments.  USB may find that the lossses on the Downey pay option arm portfolio vastly exceed any estimates they might have made, once they establish the borrowers’ true income and property value.

USB’s aggressive lending and acquisition of Downey may put them in an exceptionally profitable position if the economy turns around quickly,  companies start hiring again and the residential property markets quickly recover.  If you believe in regression to the means, however, and that bubbles that burst wind up either at the level where they first started or lower, consider the chart on US home prices below.  Home values may still have much further to fall which would cause great distress to USB’s mortgage portfolio and ultimately their income statement.

Obama Pledges Fiscal Discipline – Huh, What Was That?

As reported on by the Wall Street Journal,

President-elect Barack Obama on Tuesday emphasized his commitment to fiscal responsibility, promising that his team would strip the federal budget of all unnecessary spending to help offset large outlays expected for his planned stimulus package.

But Mr. Obama didn’t provide many specifics, and he gave little sense of how he would tackle entitlement programs like Medicare and Social Security. Few experts believe the budget deficit can be brought under control without trimming spending on these programs.

These words sound to me like the obligatory hat tip to the concept of fiscal discipline and budgetary restraint by the government.  Except for a few years under the Clinton administration, the country has seen ever more massive deficit spending at every level of government, especially since the early 1980’s.  John Q Public has not been bashful about borrowing every dime that he could as well, encouraged by government agencies and banks all too eager to make every citizen a homeowner regardless of his credit rating or ability to service the debt taken on.  For good measure, the purveyors of credit cards and second mortgages did their best to extend credit lines in massive amounts so that John Q Public could live the life style he was entitled to.

Many good minds have argued with persuasive logic and statistics that the over extension of credit has in no small part contributed to the financial debacle that is now impoverishing us all as a nation.  Regardless of whether or not one decided to participate in the credit bubble, we are now all paying a very dear price.  Our children and their children will pay a heavy price as well since we have already spent their future, leaving them little but IOU’s in return.

Some of the many obstacles blocking President-elect Obama’s road to fiscal discipline include the following:

– calls for a $700 billion stimulus package (will probably wind up being more)

-the coming bailout of GM and Ford which will be open ended

-the country’s inability to deal with or even discuss the unfunded liabilities of $90 trillion for medicare and social security (the country’s entire wealth is estimated at $56 trillion but dwindling rapidly)

-a bailout of various state and local governments; starting tab at least $100 billion

– continued bailout of our insolvent banking system; final cost indeterminable

-upcoming bailout of the insurance industry will make the $150 billion “investment” in AIG look small

-calls for energy independence have virtually disappeared, coinciding with the drop in oil prices.  To truly implement energy independence will cost trillions today; to ignore the situation risks our future economic fate

– reducing unnecessary government spending is seriously doubtful; reducing any government program means taking on the entrenched political and economic interests of the recipients of such spending.

The above list of bailout needs/new programs will no doubt grow considerably larger and this list does not include the $7 trillion (to date) in guarantees and bailouts by the Fed and Treasury.  I would expect next years budget deficit to be approaching the $3 trillion dollar range and it will be exceptional to observe how it will be funded.  “Quantitative easing” by the Fed will grow by ever larger amounts.

My best wishes to the President-elect on his commitment to fiscal responsibility but I am not fooled by such talk.   Since many observers have compared Mr Obama to President Lincoln, I am reminded of one of Lincoln’s more memorable lines; “You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.”

The Invisible Meltdown Of The Insurance Industry

As discussed previously, Next Bailout – Insurance Industry?, the insurance stocks have continued their disastrous sell off.  Yet, I have seen virtually nothing in the mainstream press about the dangers of an imploding insurance industry – this invisible crash has reached the point where the Treasury and the Federal Reserve need to address this prior to the point of policy holder and public panic.   The insurance industry is in many ways more important to our economy than the banks and their problems need to be addressed soon.

The individual State guarantee funds backing the insurance industry are woefully under capitalized and were designed to address one failure, not an industry wide meltdown.  The State funds rely on assessments of healthy surviving insurance companies when one fails; unfortunately this does not provide much comfort when the entire industry is starved for capital.

The price declines from my October 1, 2008 price summary (updated below) has been catastrophic to the industry’s ability to maintain confidence of their investors and policy holders as well as their ability to raise capital.

STOCK  PRICE OCT 1’08    PRICE NOV 21’08    %DECLINE

MET      48.15                     18.48                      -62

GNW       7.36                          .90                     -88

ALL       44.00                     21.52                      -51

CB         51.55                     42.76                      -17

PRU       64.80                     16.30                      -75

HIG        38.11                       4.95                      -87

The insurance stocks went into a tailspin once it became obvious that commercial real estate values are declining rapidly as the economy continues its deleveraging.  Commercial real estate had not been subject to the massive overbuilding and speculation that occurred in residential real estate and until recently had been considered relatively immune to the credit crisis.  Since early November, however, the cost of buying default protection on AAA commercial debt via credit default swaps (CDS) has tripled from 200 to 550 basis points (down from a recent high of 847).   Financing for new deals or maturing debt on many commercial loans has become almost impossible to obtain with AAA commercial securities trading at junk bond levels.

At Markit.com, the situation was summarized in their Credit Wrap as follows:

“The commercial mortgage market, often in the shadow of its residential sibling, made its presence known this week. The CMBS sector has been under pressure since the government changed the focus of TARP away from buying distressed and illiquid assets and helped push spreads wider. But the real impetus behind the widening this week came from two CMBS deals. The securities, backed by hotels and a retail centre, are reported to be close to default… The CMBS meltdown was felt in the broader market. The Markit CDX IG widened to record levels, driven by the insurance sector. Life insurers such as Hartford Financial and Lincoln National have significant exposure to CMBS, and losses could well force them to raise more capital.”

The insurance industry companies have always been major investors in commercial real estate as they seek to match long term assets with long term liabilities.   The problem is the overallocation of capital to this one sector as reported by Smart Money.

“Should commercial real-estate turn out to be next focus of the financial crisis, life insurers will be among the companies feeling the most heat.

Life insurers on average have the equivalent of about 41% of their equity invested in commercial mortgage-backed securities, or CMBS, compared with 23% on average for property/casualty insurers, according to a Thursday analysis of 10 large public insurers by Fox-Pitt Kelton analyst Adam Klauber. He said Hartford Financial Services Group Inc. (HIG), Protective Life Corp. (PL) and MetLife Inc. (MET) had the highest exposures.

Investment banks, by contrast, hold about 18% of their equity in CMBS.

While the financial crisis has come late to the life insurance industry, it has hit them hard. Shares of life insurers are down nearly 72% so far this year, a bigger drop than for other types of insurers. The pressure on life insurers, some of which may become bank holding companies to get access to investments from the Treasury, makes government efforts to contain the financial crisis yet more complicated.

The latest blow is coming from commercial mortgages, which are beginning to look like they may follow the dismal example of home mortgages, with a few big defaults hitting the news in recent days. Life insurers, big investors in mortgage-backed securities of all types, are taking another big hit.

UBS analyst Andrew Kligerman calls the concerns about commercial real estate the “leading factor” in insurance stocks‘ poor performance this week. Lincoln National Corp. (LNC) was the big loser Thursday, closing down 30.6% to 5.07. Shares of Hartford closed down 19% to $5.57 and Principal Financial Group (PFG) closed down 19.2% to $9.43.”

Although some of these companies have applied for bank holding status so that they can access the Fed for borrowings, these six companies (representing only part of the insurance industry) have assets of over $1.7 trillion.  Assuming significant losses as implied by CDS pricing, recapitalizing the insurance industry could easily consume the second half of the $700 billion bailout fund,  while the demands on the treasury grow ever larger, as discussed in The Line at the Treasury Grows Longer.

There would seem to be a finite limit to the amount of losses/guarantees that can be assumed by the US Treasury (taxpayers).  Bloomberg is reporting that the total Fed credit pledges and loans now exceed a staggering $7.4 trillion.  Let us all hope that we do not find out what the limits of the Fed are.   Obviously at some point, the  US Government’s credit and ability to fund never ending losses will be questioned.

Debt Collection M&A Is Booming As Collections Collapse

Business Week reports that amid a general collapse in the mergers and acquisitions (M&A) field, one area that is still booming is in acquisitions of companies that buy and collect on defaulted consumer debt.  Acquisitions of $1.8 billion this year already exceed last years total of $1.65 billion.

The apparent lure of the hot money M&A crowd is that with a collapsing economy, there is an ocean of debt that is defaulting giving the debt collectors an opportunity to cash in on chasing delinquent customers.  Every company in the country from small businesses to the S&P 500 list are finding out to their surprise that when you extend credit to already heavily leveraged and/or poor credit risks, it doesn’t take much before your customer is unable to pay.

My forecast is that the buyers of debt collection firms that the hot money deal makers are selling will not be sailing on their yachts next summer.

Borrowers of all credit levels suddenly have a new mentality:

-there is no job security and layoffs in the thousands are announced daily; even if I have the money, it is better to keep it in my pocket than to pay off overdue bills.  The choice between being able to buy groceries or pay off a delinquent bill is an easy one.

-the massive bailout of of the banking industry has caused much resentment among working people who justifiably perceive this to be a handout to those who caused the problem to begin with and in addition, made multi millions of dollars in the process.

-the idea that debts really don’t have to be paid back is being encouraged by the government’s bailout mania, especially with the institution of mortgage modifications for delinquent borrowers.  If I don’t have to pay my mortgage back, I am certainly not going to worry much about defaulted credit card debt.  The repudiation of debts is being encouraged by the very actions that the government is taking to contain the economic crisis.

-lending to many consumers, especially the weaker credits, has been drastically curtailed.  If I won’t be able to get new credit, why would I worry about the credit implications of not paying off old debts?

-I know many people who are not using bank accounts anymore, but cashing their paychecks and paying their bills in cash to forestall the seizure of their money by creditors who have judgments against them.

-the change of power in Washington along with the current job losses and declining economy will lead to a revision of the bankruptcy laws, essentially reversing the changes made in the recent past which made it much harder to file a Chapter 7 liquidation bankruptcy.  The debt collectors who think they can obtain a judgement and wage garnishment may soon find that their claims are now worthless.

-the most obvious reason that debts will not be collected easily or at all is the fact that the American consumer simply does not have the money; squeeze as hard as you want to – there is nothing left so nothing will be paid.   As reported in The Wall Street Journal,

“This should be the best of times for America’s debt collectors, since never has a society been so in hock. But ironically, much of the debt-collection industry is struggling because there’s little cash left to squeeze from strapped consumers.

Encore Capital Group Inc., a San Diego debt buyer, said third-quarter profit fell 30% to $3.8 million after its impairment provision for debt — an accounting term for debt it doesn’t think it can collect — rose to $7.3 million from $2.4 million. And Debt Resolve Inc. of White Plains, N.Y., said big losses at its debt-collection unit led to a second-quarter loss of $4.2 million.

“More and more accounts are going out to debt collectors, but it’s harder than ever to collect,” said John Nemo, a spokesman for ACA International, a Minneapolis-based trade group that includes 3,500 of the country’s estimated 4,500 collection agencies.

“There may be no other industry that has such immediate knowledge of consumer liquidity,” said Paul Legrady of Kaulkin Ginsberg Co., a Rockville, Md., consulting firm that advises collectors and others who manage accounts-receivable. The company publishes the Kaulkin Ginsberg Index of indicators such as corporate charge-offs of unpaid debt. “There’s been a clear downward trend for the past year,” Mr. Legrady said.

The slump also hurts businesses that supply equipment and services to debt collectors. Soundbite Communications Inc., a Bedford, Mass., company that makes automated robo-callers for debt collectors, told investors recently that it expects sales to agencies to decline in the second half of this year.

“Their ability to actually collect payment is significantly reduced because more and more debtors are simply unable to pay,” said Soundbite’s chief executive, Peter Shields. he said. As a result, debt-collection agencies are “becoming more selective in their spending.”

Good luck to the new owners of the debt collection agencies – I would say that the other side of this trade got the better deal.

Bailout Demands Reach New Levels Of Lunacy

As reported in the RepublicanAmerican newspaper, the demand for a piece of the $700 billion bailout fund has reached new levels of lunacy.  Originally, the bailout was passed by Congress to rescue our banking system from collapse, but the idea of being bailed out with taxpayer money has apparently become very appealing to anyone who might have made a bad financial decision.  Apparently, some of those individuals who locked in home heating oil at $5 a gallon earlier in the year feel some sense of entitlement for their bad call now that the same oil can be had for $2.40.

The RepublicanAmerican reports that:

“In July, when heating oil was approaching $5 a gallon and the so-called experts were saying crude was headed to $200 and beyond, millions of homeowners were flipping coins. Heads, they’d commit to pay $4.50 to $4.75 a gallon for heating oil this winter; tails, they’d gamble it wouldn’t going to $6 as predicted.

In Connecticut, heads came up about 200,000 times. And as soon as those homeowners signed contracts with their suppliers, crude prices crashed 60 percent in less than four months.

Today, heating oil can be had for as little as $2.40, c.o.d. As awful as those contracts are, they were signed by willing sellers and willing buyers. Legally binding contracts are fundamental if we are to have faith in our economy and the rule of law.

Heating-oil contracts have an excellent track record. In the last 20 years, for example, customers of Wesson Oil of Waterbury who signed oil contracts saved money in every year but two, including one in which they broke even. Last winter, when the average retail price was $3.31, those who reserved 700 gallons saved about $500.

The Independent Connecticut Petroleum Association and eight other energy associations want Treasury Secretary Henry Paulson to redirect some of the $700 billion allocated to ease the credit crisis to allow them and their customers to get out of their contracts.

Their hearts may be in the right place, but the feds already have bailed out the lending, financial and insurance industries.

Congress is poised to spend billions more to rescue borrowers who through stupidity or duplicity got mortgages they couldn’t afford.

The auto industry got $25 billion and this week was back in Washington for $25 billion more. Spendthrift states are asking for upward of $30 billion.

The list goes on. The retail, construction, electronics and tourism industries are reeling. The service sector is shedding jobs left and right. Should the feds bail them out, too? Where are they getting the money? Between deficits, long-term debt and unfunded entitlement liabilities, they (present and future taxpayers) are in hock for nearly $100 trillion.

Comparatively speaking, no person or company is in worse financial shape than the government, yet pain-averse Americans continue to go to the government for handouts or bailouts to indemnify their mistakes.

We don’t doubt that heating-oil retailers and customers would love to get out of their costly contracts. But what about investors who bought stock in AIG this year for $62 a share, people who three years ago purchased flat-screen TVs for twice what they’re selling for today, and millions of Americans who suffer buyer’s remorse every day?

Where does it end?”

Excellent article and there is no need to answer the last question posed by the author since it is obvious, as manifested by our collapsing stock market and economy.  A sovereign nation’s credit rating and ability to pay its bills is no greater than the sum of its citizens earnings capacity.  If member A of our society receives some sort of entitlement, by definition it must be paid for by some other member B.   Member C, the government brings no money to the table; they merely sit at the table and divide the wealth between A and B.

A national government does not have an unlimited ability to borrow and spend without eventually defaulting on its debts and impoverishing its citizens.

Where Have All The Stock Buybacks Gone?

Given the magnitude of the stock markets decline, one would think that there would be major announcements from companies announcing stock buybacks.  I recall after the crash of 1987 when numerous companies announced major stock buyback programs in an attempt to inspire confidence and shore up stock prices.

As reported in Barrons this week,  stock buybacks declined by 90% from last year during the latest 10 day period, this despite the fact that the average stock has declined by around 50%.  So one may certainly be inclined to wonder why corporate America would be heavily buying back their own stock as the market was at all time highs but not now when, arguably, the stock is a better buy due to price declines.  Maybe some shareholder will ask this question of management at the next annual stockholders meeting.  Perhaps a better time to have asked about stock buybacks was when corporate management was spending hundreds of billions to buyback stock when times were good.

I have never been a fan of stock buybacks for these reasons:

– studies have shown that over time, share price performance of companies buying back stock does not exceed those of companies that do not repurchase shares.

-if management cannot intelligently invest funds back into their core business at a greater return than the cost of capital, then they should instead pay dividends to the shareholders, who will at least have something to show for their investment, since as stated above, stock buybacks do not lead to share price gains.   Microsoft was one of the few major corporations that actually paid a substantial dividend  to shareholders a few years back instead of repurchasing stock.

-unless a company is debt free, would it not have been better to have paid down debt instead of dissipating funds buying back stock?   As mentioned in a previous post, GE spent billions on stock buybacks at high prices and now has to borrow money at 10% rates.   I don’t see how this makes sense as a long term strategy.

-how many of the companies buying back stock have their long term compensation plans and bonuses tied to the EPS performance?  Quite a few I would imagine, which makes the decision to buy back stock all the easier since it directly increases management’s pay while the shareholders get nothing.  (Buying back stock decreases the outstanding shares used in computing the earnings per share, so a stock buyback will serve to increase the reported EPS.)

-how hard is it to conceive of the possibility that someday, markets will decline and cash will be dear, so why not pay down debt or simply increase your cash holdings to be used in an opportunistic manner at some point in the future?  Apparently, not too many members of corporate America ever thought about this or else we would now be hearing about a lot of stock buybacks and company buyouts.

-Exxon Mobil has spent billions buying back stock as their oil reserves shrink year after year.  With prices of oil and gas companies selling for a fraction of the price of a year ago, why are they not opportunistically reinvesting in their business by buying cheap oil and gas reserves via cash acquisitions?

-Merrill Lynch announcing a $6 billion stock buyback in 2006 – one for the history books of poor timing and inept management, although it may be topped by Merrill’s prospective owner, Bank of America, who despite needing taxpayers funds from the TARP, decides to invest $7 billion in the China Construction Bank.  I think BAC has a real problem here and the stock price reflects management’s decision making.  BAC’s
“investment” in China, GM executives flying on their plush corporate jet to Washington to beg for taxpayer funds – I think the pattern here is part of the reason for the economic crisis that we are in.

My conclusion is that a shareholder should carefully evaluate an investment in any company engaging in major stock repurchase plans.

Loan Modifications – Salvation For Former Mortgage Brokers?

From my industry contacts and investigation of the loan modification “business” there are several conclusions easily reached:

The Internet is extremely crowded with unknowledgeable, coarse idiots who are all attempting to haphazardly create businesses doing loan modifications. Very few of them have thought through whether or not they can be profitable, or the long term destination of the new industry.Many of the new loan mod businesses are being started by unemployed members of the mortgage brokerage industry who helped to create the very problem that they are now offering to cure. In fact, the very same people who were “helped” by the mortgage industry by getting them approved for subprime and Alt A mortgages are now on the top of the calling list as potential “loan mod” customers.

The press is highly critical of anyone who tries to assist homeowners with loan modifications. Beyond news driven stories, the only loan mod stories are about bad providers who charge huge upfront fees and deliver little or no results, or others who are simply defrauding customers outright.

The press and the government, for lack of a real solution, see the idea of loan modifications as THE solution to the housing crisis. If payments are lowered for 2 million of the country’s biggest financial losers, the economy will snap back immediately, job losses will cease and all will be well.  The consensus seems to be that the government should pay for this, and make rules about which people are “distressed” enough to receive a lower rate and mortgage payment through a loan mod. The cost of all of this, as you may guess, will be borne by those who handled their finances responsibly and did not borrow themselves into oblivion speculating on the certainty of eternal home appreciation.

Here is where I think things are going:

In response to concerns about fraudulent or unknowledgeable companies assisting with loan modifications, most states will implement licensing requirements, as is already happening. Among other things, to maintain the license, you will be subject to strict guidelines on how much you can charge for loan modifications. The fees will be low enough to make any business which exclusively performs loan modifications unprofitable; the theory being that people behind on their mortgages should not have to pay since they are in financial difficulty.  Several states have recently created licensing requirements. Colorado was the latest: http://www.rockymountainnews.com/news/2008/nov/20/loan-modifications-require-mortgage-broker/ .

As more of our nationalized banking system is pressured/required to do loan modifications, certain universal standards and calculations will develop. These will eventually evolve into a simple calculation that will require only a few inputs to determine exactly how a loan will be modified. This may even reach a point where banks routinely modify loans without even taking an application. This technology provider for the mortgage industry just released an early version of such software: http://www.marketwatch.com/news/story/Lender-Processing-Services-Announces-New/story.aspx?guid={58FCD216-F636-4EF9-8B93-5C1C1A41AD2F}

The government will eventually fully endorse the idea of loan modifications for troubled homeowners and subsidize the losses. Of all the problems the country faces, for some reason the politicians will decide that keeping 2 million “homeowners” (who should be renters) out of foreclosure is the most pressing issue, instead of letting the free markets, via time and price solve the problem. With the government involved, the criteria will become even more formalized and systematic. Loan servicers or banks will be encouraged or required to deal with borrowers directly. The entire process will become formulaic and there will be little need for an outside party to assist with the loan modification.

As modified loans default again and further borrowers fall into distress, whatever small scale plan the government implemented will be expanded dramatically. The government will increase pressure and incentives for banks and loan servicers to perform loan modifications en mass. Getting a loan modification will become as easy as it used to be to get a loan. Of course, one may wonder when it last occurred, that a government solution to a problem actually worked. Nonetheless, as home prices continue their inexorably decline for years and given the inability to find a better solution, this program will continue and expand, attempting to artificially arrest the decline in home prices that will occur anyways. Someone should clue in the powers to be that unless we want to totally socialize our economy, the free market, if left to do its work, would quickly solve the housing crisis by bringing prices to the point where they are worth investing in again and at a ratio of family income to cost that is sustainable for qualified borrowers.

Conclusion

Loan modification as a stand alone business is transitory since circumstances will change to make the current business models obsolete. At the same time, the fees that will be legally allowed will be too small to allow most businesses to be profitable. To turn this into a business, one would need to align his strategy to be way ahead of the curve and I have only seen one business model for loan modifications that would work if applied by an industrious and ethical entrepreneur.

In the meantime, potential customers who are solicited to have their loans “modified” would be well advised to do a complete background check on the firm that they may chose to deal with. In addition, under no circumstances should anyone pay a nonrefundable fee upfront (other than a modest processing fee). Guidelines vary with each loan depending on the investor, but if you are dealing with a knowledgeable firm, they should be able to determine from an initial prequalification if someone qualifies for a loan modification and accordingly, should only charge a fee if the loan is successfully modified.

As to the financial cost and moral hazards of the loan modification scheme, one should consider the words of Representative Ron Paul, when speaking out against the original $700 billion bank/homeowner bailout bill:

“It is neither morally right nor fiscally wise to socialize private losses in this way. The solution is for government to stop micromanaging the economy and let the market adjust, as painful as that will be for some. We should not force taxpayers, including renters and more frugal homeowners, to switch places with the speculators and take on those same risks that bankrupted them. It is a terrible idea to spread the financial crisis any wider or deeper than it already is, and to prolong the agony years into the future. Socializing the losses now will only create more unintended consequences that will give new excuses for further government interventions in the future. This is how government grows – by claiming to correct the mistakes it earlier created, all the while constantly shaking down the taxpayer. The market needs a chance to correct itself, and Congress needs to avoid making the situation worse by pretending to ride to the rescue.”


Treasury Officials Announce Mortgage Holiday

News Release: Sometime in 2010.

The United States Treasury Secretary is expected to release details today of the Government’s plan to suspend for one year all payments due on mortgages secured by single family residences.  The Government announced that it was taking this action due to unprecedented conditions in the economy and record numbers of mortgage delinquencies.   With close to half of all mortgages in arrears, a jobless rate approaching 20% and retail sales collapsing by double digits for the third consecutive year, the latest government move to boost the economy was applauded by analysts as the best direct method of putting funds in the pocket of cash starved consumers.

Government officials noted that since most of the mortgages affected had already been purchased or guaranteed by the US Government, there would be no direct cost to the taxpayer.  Analysts noted that this latest move was necessary after a long series of loan modifications for many borrowers had failed due to the continued decline in housing prices and incomes.  Brushing aside suggestions that this program was unfair to those who had no mortgage debt, Treasury officials stated that the program was initiated to help those most in need and that those without mortgages might be eligible for funds under the latest rebate stimulus plan.

In response to questions as to whether or not the Mortgage Holiday Plan might be extended beyond one year, Treasury officials stated that the Government would do everything in its power to assure that affordable housing was available to every citizen and that every measure would be taken to prevent homeowners from losing their homes due to unaffordable payments.

The Treasury Secretary noted that while many sovereign nations had become insolvent due to the ongoing financial crisis, the United States remains “fiscally strong”.

So there you go; congratulations to the Federal Reserve and our fiscally imprudent leaders who have brought this nation to the brink of economic collapse.