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NOTE: This first portion of this article was written after Sunday's
detailed Fed announcement.
The text below is taken directly from the government's announcement.
The Good News For Taxpayers:
"With this agreement, Treasury receives senior preferred equity shares and
warrants that protect taxpayers. Additionally, under the terms of the agreement,
common and preferred shareholders bear losses ahead of the new government
senior preferred shares."
"While conservatorship does not eliminate the common stock, it does place
common shareholders last in terms of claims on the assets of the enterprise."
"Similarly, conservatorship does not eliminate the outstanding preferred
stock, but does place preferred shareholders second, after the common shareholders,
in absorbing losses."
The Bad News For Taxpayers:
"To promote stability in the secondary mortgage market and lower the cost
of funding, the GSEs will modestly increase their MBS portfolios through
the end of 2009. Then, to address systemic risk, in 2010 their portfolios
will begin to be gradually reduced at the rate of 10 percent per year, largely
through natural run off, eventually stabilizing at a lower, less risky size."
- [Ciovacco Capital Management (CCM) comment: This means taxpayers will
take on more risk in the form of additional mortgage-backed securities
above and beyond what Fannie and Freddie have now. No one else in the
free market wants to take on this risk, so the taxpayers will do it.]
"Treasury will ensure that each company maintains a positive net worth."
- [CCM comment: This should read "the taxpayers will ensure each company
maintains a positive net worth."]
"The second step Treasury is taking today is the establishment of a new
secured lending credit facility which will be available to Fannie Mae, Freddie
Mac, and the Federal Home Loan Banks."
- [CCM comment: The credit facility is ultimately backed by the taxpayers.
No one else wants to lend Fannie and Freddie money, so the taxpayers
will do it.]
"Finally, to further support the availability of mortgage financing for
millions of Americans, Treasury is initiating a temporary program to purchase
GSE MBS."
- [CCM comment: No one in the free market wants to buy these mortgage-backed
securities (MBS) from Fannie and Freddie, so the taxpayers will do it.]
The Spin For The Public:
"Preferred stock investors should recognize that the GSEs are unlike any
other financial institutions and consequently GSE preferred stocks are not
a good proxy for financial institution preferred stock more broadly. By stabilizing
the GSEs so they can better perform their mission, today's action should
accelerate stabilization in the housing market, ultimately benefiting financial
institutions. The broader market for preferred stock issuance should continue
to remain available for well-capitalized institutions."
- [CCM comment: This means those of you who own preferred stock issued
by banks and financial institutions should not be concerned if the value
of Freddie and Fannie preferred and common shares plummet in the coming
days and weeks. Everything is fine.]
"Nothing about our actions today in any way reflects a changed view of the
housing correction or of the strength of other U.S. financial institutions."
- [CCM comment: Even though we told you Fannie and Freddie were fine
five weeks ago and now we feel we must take them over, you should trust
us when we say the housing market is going to be fine and the banks will
be fine too. No need to panic and no need to sell your stocks.]
NOTE: The portion of the article below was written on Saturday before
Sunday's detailed Fed announcement.
Welcome To The Mortgage Business
As a U.S. taxpayer and private citizen, I never intended to enter the mortgage
business. According to reports published after the markets closed on Friday,
all U.S. taxpayers will soon be active participants and financial stakeholders
in the U.S. mortgage market. When a homeowner decides to "walk away" from their
mortgage obligation or cannot make the payments for any reason, you and I,
without our consent, will be obligated to help.
What Are We On The Hook For?
Fannie Mae and Freddie Mac buy mortgages from mortgage originators. They pool
the mortgages and sell an interest in the mortgage pool in the form of bonds.
The principal and interest payments from the homeowners pass-through to bondholders
in the form of a payment. If some of the mortgage holders default or simply
walk away, Fannie and Freddie guarantee principal and interest payments to
the bondholders. In the very near future, you and I as taxpayers will guarantee
the principal and interest payments to the bondholders. You and I will stand
behind what the New York Times referred to as "huge potential liabilities" which
could cost the taxpayers "tens of billions of dollars". Welcome to the mortgage
business.
Fannie & Freddie Part Of The Problem: Guarantees Encourage Lax Lending
Standards
Mortgages carry risk. If you place a guarantee behind a mortgage-backed security,
like Fannie and Freddie bonds, there really is no risk to the investors who
keep supplying capital to the mortgage market. As investors supply more capital
to the system, more questionable mortgages can be written and builders can
keep building more houses. Why is anyone guaranteeing mortgages? Placing a
guarantee behind a risk asset creates moral hazards. Why? Because the loan
originators do not care if the mortgage holder keeps making their payments
since they can sell the mortgage to Fannie and Freddie, who in turn will place
a guarantee behind the mortgage. The guarantee behind Freddie and Fannie bonds
were and will continue to be a source of moral hazard. If you remove the guarantee
and Fannie and Freddie from the entire system, banks and investors would treat
mortgages as risk assets, which is what they are. Instead of propping up Fannie
and Freddie with taxpayer funds and guarantees, both firms should be gradually
removed from the system. The free market can supply mortgage capital to people
who have the necessary debt-to-income ratios and credit history. Loans should
be made to people who can pay them back. The current state of the mortgage
and housing markets clearly illustrates the results of placing guarantees behind
risk assets, which is what Fannie and Freddie do. Fannie and Freddie are part
of the problem, not part of a solution. Selling a house to someone who cannot
make the payments is not helping anyone and is not part of the American Dream.
Government Cannot Keep Spending Money It Does Not Have
If you are worried about the sustainability of Medicare and Social Security,
this announcement will not help you sleep at night. Our government is rapidly
moving down an unsustainable path. The longer we continue to plug holes with
more taxpayer commitments, the harder the eventual and inevitable fall will
be. We are moving closer and closer to the United States losing its AAA credit
rating. The decisions being made today have serious long-term economic consequences.
The most recent bailout is "good news" in the short-run and for the short-sighted,
but bad news in the long-run for all Americans. This bailout significantly
damages our country's long-term financial outlook.
"Treasury Secretary Hank Paulson swatted back reports of government
nationalization of Fannie and Freddie, which would mean making explicit what,
has long been an implicit taxpayer guarantee of their liabilities. This would
instantly add $5 trillion in liabilities to the federal balance sheet, doubling
the U.S. public debt burden and putting America's AAA credit rating at risk.
This is a nightmare scenario for taxpayers."
Wall Street Journal, Saturday, July 12, 2008
Changing the Rules In "Free" Markets Over The Weekend
As stocks for no apparent reason found some support late on Friday afternoon,
I repeatedly searched Google News right up until the close on Friday. For those
of you who do not use Google News, it enables you to search thousands of news
outlets for stories on any topic. It is a great way to make sure you are not
missing something which may affect asset prices. Before the markets closed
on Friday, I searched for Fannie and Freddie, but found nothing, not even a
rumor of any government intervention or possible capital injections. I chalked
Friday's somewhat unusual strength in financial stocks up to the persistent
rumors that Lehman Brothers (an investment bank/brokerage) was close to making
an announcement to help stop the bleeding on their balance sheet.
After Hours and Weekend Bailouts Leave No Opportunity for Action
The first reports of the impending government bailout came around 4:40 pm
ET on Friday; forty minutes after the markets had closed. The initial reaction
to the news from the financial markets on Monday will no doubt be positive.
Treasury Secretary Henry Paulson sold his plan for Fannie and Freddie to Congress
saying he had no plans to use the authority. In recent weeks, Treasury spokespersons
reiterated there was no plan to take any action. The law giving Paulson the
authority to intervene was signed by President Bush only five weeks ago. The
last public comments by Paulson were made on August 10th when he reiterated
he had "no plans" to use his authority. As a taxpayer and investor, I question
Mr. Paulson's credibility given the recent public statements and this weekend's
news. What has changed so dramatically since August 10th to warrant a bailout
over a weekend? It is nearly impossible to believe plans were not being made
behind the scenes for what now appears to be a full bailout at the taxpayer's
expense. Yet, we were told by our trusted public servants that no action was
imminent. I thought transparency was part of a free market system.
Those of us close to the financial markets knew it was only a matter of time
before this announcement would be made, which does not mean we agree with it.
The announcement is not a surprise, it is the fact that Feds went from "no
plans" for intervention to Congressman Barney Frank admitting this Saturday
that intervention will take place. Based on recent government intervention
(Bear Stearns and the Fannie/Freddie July announcement) , it appeared very
likely the Feds would wait until Fannie and Freddie's stock came under extreme
duress or until a new issue of Fannie or Freddie bonds received a very poor
bid from the market. Once the situation turned bleak, a transitory statement
from the Treasury stating 'we are exploring all options' would have given participants
in the free market some time to prepare. Instead, the Feds acted in the absence
of an immediate crisis, no transitional statements from the Treasury, no warning....
just another weekend surprise. It is disturbing that we have now reached the
stage where the government is intervening in the free markets before there
is a crisis to provide cover for their actions. Policy makers must assume government
participation in the free markets is now an accepted practice. They no longer
try to pretend their intervention is warranted due to an immediate crisis which
leaves them 'no choice' but to act.
The Markets May React Positively, But the News and Long-Term Outlook Is
Not Good
The bailout is being announced now because the policy makers know a bottom
in the housing market is not imminent. If there was even a remote possibility
of an impending turn in housing, do you really think a Republican administration
is going to announce the bailout of public companies two months before a Presidential
election? This bailout sends a clear message that things are bad and they are
likely to get worse before they get better.
This bailout tells us that more foreclosures are coming, which means more
problems lie ahead for banks and brokerage firms. This announcement will help
moderately improve the availability of mortgage credit, but it does not directly
address the core economic issue of supply and demand in the housing market.
Short of the government bulldozing homes, it is going to take more time to
work off the inflated inventory of homes. At this point, I'm sure the government
would be happy to state it has "no plans" to bulldoze homes. As long as the
supply of homes remains high, prices will continue to fall. Based on history,
we can expect some hope when the inventory of unsold homes falls to a 6 to
7 month supply. We currently have a 10 to 11 month supply of unsold homes.
It does not take a Harvard MBA to figure out prices have further to fall in
most markets around the country.
Even if sales increase, sales at lower prices mean continued deterioration
of the value of assets held on bank balance sheets. As a result, banks will
continue to be in need of capital injections. More write-offs are coming. Banks
will remain reluctant to extend credit. Tight lending standards are not good
for an economy which is highly dependent on credit. Tight lending standards
mean fewer buyers for all goods and services. Fewer buyers lead to a weaker
economy. A weaker economy leads to more job losses. Job losses lead to more
mortgage defaults....and around and around we go until the supply of homes
is reduced to a reasonable level.
The government's bailout of Fannie and Freddie does not make things much better,
but it does prevent them from getting worse in terms of further constraints
on Fannie's and Freddie's ability to support the mortgage market. My guess
is Wall Street will once again declare this signals the end of the financial
crisis, just as they did after the Bear Sterns bailout and the first Fannie
and Freddie announcements in July. While this is truly distressing news for
taxpayers and the long-term outlook for the dollar, it is good news for the
financial markets in the short-run since it will remove one layer of uncertainty.
However, it is a stretch to believe this most recent unprecedented move by
our government will mark an end to the credit crisis. A good way to sum up
this situation is that this announcement is good news for traders and bad news
for longer-term investors and taxpayers. While we can expect Wall Street's
positive spin on the big picture next week, the real big picture is housing
prices have further to fall, banks still face serious problems, and the financial
stability of the U.S. government continues to deteriorate.
The Markets Are Running Out Of Things To Look Forward To Down The Road
Financial markets are always looking forward, albeit only about three weeks
in the current trading-oriented markets. The markets have looked forward to
Fed rate cuts and government bailouts since the credit crisis began. Now that
the Fannie and Freddie news is out, I'm not sure what the markets have to look
forward to.
How Does This Affect Our Current Investments?
This article was written on Saturday before the formal details of the Feds
plans were announced. Therefore, it is difficult to speculate on the market's
reaction. This news could spark a rally in stocks which lasts several weeks.
In the short run, defensive positions will most likely come under pressure
and more speculative positions will benefit. In the long run, I'm not sure
too much has changed. We'll continue to closely monitor the situation over
the next few days.
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