Seeking Alpha

David Bailey

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Make no mistake, something must be done and quickly. Let’s admit this is largely about WaMu (WM), which may be just days away from bankruptcy. We here in the Pacific Northwest appreciate the attention and the plan put forward by Secretary Paulson might even succeed in saving WaMu for as much as a year. However, I believe that banks like WaMu cannot be rewarded for creating huge pools of mortgages that were economically, if not legally fraudulent. I have been in favor of all the bailout efforts up until now, but the Paulson Plan might be the worst approach possible.

Not only will it reward misdeeds, the Paulson Plan will fail to save the very financial market it hopes to save. I can actually explain why with a single Wikipedia page.

Honestly.

To spend just a moment on Secretary Paulson himself, while some apparently view him as a born-again socialist, I think that up until now Henry Paulson has been acting as an investment banker with America his client. He hasn’t liked the moves we were insisting on - extending emergency credit to financial institutions – but if America was going to do it, investment banker Paulson was going to see that America, his client, got plenty of equity for our risk. With his latest plan, however, a cynical person might suggest that Mr. Paulson is treating the banks as his client and America like a "customer" - the lowest form of life for in the investment banking world. A cynical person might suggest that Paulson is simply "jamming bonds" down America’s throats. Actually a non-cynical person might suggest the same thing, because it's true.

As you may know, arguably the largest financial market in the world has crashed. No, you didn't read it in a headline when it happened. No, nobody in the government told you that it happened. The level of denial and disbelief has been astounding. But in historical terms it is 1930 and the market has already crashed. You can see the crash start August 9th, 2007 in a chart of the LIBOR interest rate many know all too well:

click to enlarge images

The market , obviously, was the market for American mortgages and mortgage-backed securities. Contrary to the irresponsible reporting that prevails in all but the financial press, selling mortgages is NOT a new practice, of course. It is many decades old. It helped get us out of the Depression. It is completely essential to our financial system. But right now, banks cannot sell their mortgages into a crashed market.

Thus, the Paulson Plan's simple premise is for the American government to start buying these mortgages, putting on them - they hope - a rational price where a crashed market has failed to. It seems reasonable. It would even work and I would support it wholeheartedly and shout down the critics if the problem in the secondary mortgage market was simply a lack of liquidity. But I fear the problem is deeper and different and must be addressed with different means.

The real problem is that banks (and other originators of RMBS) acted like scummy used car salesmen. They brought investors onto their used car lot of mortgages and made their crooked pitch:

"This one? Oh, this one's a beauty. It's a $500K mortgage on a house assessed at $510K, which we made to a guy who makes $125K a year. Oh, and I will throw in an insurance policy on it that's worth $400K. Wanna buy it?"

And people bought.

But it turned out that the loan above was actually a $500K mortgage on a (then) $400K house with its assessment inflated by $110K made to a guy who...well, we really have no idea what he makes, but it's probably more like $45K. And that insurance policy? Yeah, turns out that was actually worth $0K - nothing. Hence, we the citizens now own 80% of AIG (AIG). Oh, and that house isn't even worth $400K any more, it's worth more like $300K and dropping.

So the market for these loans quite naturally dried up. They were phony junk passed off as safe investments.

The banks were selling were Lemon Loans. And if you don't think "Lemon Loan" is strong enough and think something like "felony fraud" would be more appropriate, me too. I choose "Lemon Loan" to connect all this to a theory for which some guys got the 2001 Nobel prize in economics. Henry Paulson seems to have forgotten about it. Maybe he wasn’t in class that day.

The Nobel-prize-winning theory is called "The Market For Lemons" and if you follow the link to that single Wikipedia page I promised you, you will see that the Nobel was for a paper which revealed why markets crash when they become filled with bad merchandise passed off as good merchandise. Of course we all know this through common sense, but you don't get Nobel prizes for common sense.

For comparison, let's use another little no-regulation nightmare and yet another market predictably destroyed by fraud: How many of you would buy powdered milk from China right now?

I'm sure China produces many tons of perfectly good powdered milk that would be healthful for anyone to drink. However, it has been revealed in the last few months that they have also been producing fraudulent powdered milk that has proven toxic to some children who drank it. If you are in the market for powdered milk you are not, I predict, going to spend the valuable money in your wallet on something with very uncertain value - Chinese powdered milk - something that might even be toxic. Likewise, America produces and can produce trillions of dollars of sound mortgages that would be wise investments for anyone to buy and own. However, it has been revealed in the last few months that we have also been producing fraudulent mortgages that have proven toxic to the balance sheets of some institutions who bought them.

Would you buy Chinese powdered milk simply because you read that Chinese government had started to buy it? I think not. Therefore, it is my belief that people in the secondary mortgage market are not going to start buying American mortgages simply because the American government starts buying them. I think people are going to wait for proof that these mortgages are not toxic to their balance sheets before they put down cold cash. If we give buyers good information and sound guarantees, they may come back and buy. If we don't, I fear they will not.

To be technical for a moment, I think the information in the market for American mortgages became too "asymmetric" and thus the market reached a "no-trade equilibrium." This has caused a glut in the supply of high-risk assets so huge that portfolios simply cannot absorb them and maintain a normal risk-weight – let alone a more conservative risk-weight. I think this is also affecting other liquid, high-beta equities and credits. Here's the MSCI Emerging Markets ETF (EEM):

By the technical talk I mean that nobody will buy our mortgages until we turn ourselves from risky Gordon Gecko into safe Jimmy Stewart from “It’s A Wonderful Life”. We’ve got to admit our mistakes and get the backing of our community.

I believe that the world desperately wants and needs safe American investments. If we are straight and honest with the world; if we reassure them with a next-generation financial information system; if we give them quality government guarantees; they will buy our bonds and mortgages. It will take a huge effort. Ultimately we may have to tell the truth about, and guarantee to the maximum extent possible, every non-fraudulent home mortgage in America. It sounds daunting, but only is such a project possible, it would bring monetizable value and innovation to our economy. It would allow us to survive a disaster that might otherwise destroy our way of life. It would even be cheaper than the Paulson plan.

To those who would say "let the destruction happen" - you're simply being childish and foolish. We can't let the sleaziest capitalists in our system define the value of our markets. That's not a free market. That's anarchy ruled by villains.

If we the citizens act to bring honesty, information and government-guaranteed quality to our financial system, we can survive this. The choice is ours.

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This article has 25 comments:

  •  
    As a free market supporter, I object to the summary comment:

    "To those who would say 'let the destruction happen' - you're simply being childish and foolish. We can't let the sleaziest capitalists in our system define the value of our markets. That's not a free market."

    If the "sleaziest capitalists" in our economy have amassed the power, for whatever reason, to bring down this economy in a major contraction than let it begin. It will happen no or later. It will be slow or fast. It will not be "painless."

    I am not childish and foolish. To make a comment like that appears to me to be along the same lines of what is going on with this rescue plan before Congress. Don't question! No opposing views! You are with us, or against us.

    Passing around the contraction (bad debt) will not solve the problem. What you are seeing is nothing more or less than a game of "hot potato."

    2008 Sep 24 05:30 PM | Link | Reply
  •  
    Well written common sense article.
    2008 Sep 24 05:41 PM | Link | Reply
  •  
    This was an artfully articulated piece on a complex problem. Well done. The work of that economist who came up with "The Market for Lemons" was very interesting to read. My portfolio carries significantly more risk weight than it did even a few months ago and I could not fathom purchasing anything backed by mortgages - though most of them are fundamentally sound. I guess the problem is that even if they were to pay us a premium to take the risk that would only serve to understate just how 'toxic' the product might really be...
    2008 Sep 24 06:05 PM | Link | Reply
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    I have some reservations that anyone can price the MBS regardless of who acts as the sales agent. Shear numbers rule out auctions or negotiated sales at any price. Thus the working capital to buy the mortgages in will not turn over unless buyers want the mortgages (or houses, assuming they can match deeds, notes and mortgages which are often not locatable.

    The real problem with the bailout is that buyers have not got the means to buy except under the most outlandish terms of sale. If we let Hank buy the junk and peddle it, we still need to know who can buy? Are we on the hook for financing the buyers too? Have mercy.
    2008 Sep 24 06:28 PM | Link | Reply
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    Hank isn't going to find immediate buyers, it will remain in the bad banks hands until the time comes. While I agree the plan stinks in many ways, it's undeniable that infusing 'good' credit and liquidity back into our economy is a must for growth. CAPITAL is the backbone of CAPITALISM, so while throwing more credit into this mess sounds crazy - it's actually the only option, AND it's possible that it could be done correctly. Make no mistake, subprime is history, risky loans are history, so moving forward any new credit will be undertaken with huge due diligence. It's a BS plan to many, but unless banks are lending again, we're going to continue downhill. And the toxic waste at the bad banks? Given the holding time most will actually be recovered, maybe even for a profit down the road.
    2008 Sep 24 06:38 PM | Link | Reply
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    I could not agree more. It is childish for people to let the whole country (and world) go down, because of some sleeze in Wall Street. Let the FBI jail the villains, but don't make every man, woman and child have to suffer for years just to prove a point. The plan is an injection of good guaranteed capital in to the system to replace toxic junk. Think about why this is toxic junk? If these notes are purchased at a good price, reworked and modified, immediately they become good stuff. The problem, over valued principal and punitive interest rates. People would stay in their homes if given a real alternative in forebearance and not some stupid "lets tack on more fees and delay the inevitable" work out. A real workout that gives a borrower INCENTIVE to stay in their home, will stablize the market, make toxic junk in to good cash flowing assets and begin to repair a mess created by Wall Street's stupidity and greed.
    2008 Sep 24 06:53 PM | Link | Reply
  •  
    I agree with the market for lemons analogy. It is, in this case, entirely accurate. However, I don't think that the solution here is government regulation. Government regulation is highly ineffective. As you said in the article itself, a large number of these mortgages which precipitated the collapse were /already illegal/ under current regulations. There are many problems here, but I don't believe lack of government regulation is one of them. We had artificially low interest rates from the Fed. We had Fannie and Freddie with mandates to supply the market with "affordable housing". We had banks taking the cheap money from the Fed and throwing it at anything that looked like it would provide return. You had the people on the street actually offering mortgages as well as the people entering into them flat-out lying in all directions. We need to bring accountability back into our system, and it will require a painful dose of reality for those involved--which is all of us. Some will hurt more than others, but it appears that those who will hurt the most are those who were closest to the fraud and whitewashing. The last thing we need is to spread and prolong the suffering through bailouts, inflation, nationalization, and regulation.
    2008 Sep 24 07:26 PM | Link | Reply
  •  
    Excellent article! I enjoyed your perspective.

    When I heard Paulsen tell congress that they just had to authorize a blank check and he couldnt tell them what he would do he lost my support. It is crazy to just hand over $2000 for every citizen with no true plan that you can articulate.

    I think it is possible to bail out the system without a huge long term cost to taxpayers. However it is just as easy to inject money into the system which is lost forever with additional risk added on.

    You bet the government needs an equity stake! My guess is the government would do best to start small by gathering investors and supporting assets they think are good buys with a passive equity stake.

    If hedge fund A is willing to buy 100 with a 5% upfront government support... go for it. Get the ball rolling with investors to create interest.

    Some serious dangers to avoid include using 100% government money to by huge positions from WaMu, Leh, Merrill, BAC...

    Finally I suspect Paulsen has a plan for 700 billion. He just wasnt willing to reveal it. At least I hope so.

    PS I still want pounds of flesh!!!
    2008 Sep 24 07:37 PM | Link | Reply
  •  
    this is an excellent article, and I pretty much agree with its main points. But I don't think it's a fair comparison between tainted baby milk and these mortgages. No one would/should buy a million cases of baby milk knowing that even one bottle could cause a death. Yet, bankers righly make loans knowing that a certain percentage will fail. That's the risk and part of what goes into interest rates. Now, if there was absolutely no other maker of baby milk, and no other way to feed babies (ahem), then folks would have to take at least weigh the risk, allowing the consumer to know and play the odds. These mortgages have already been struck, and now there's really no other way short of a complete global credit freeze (which almost happened last Wednesday) than for someone to assume all this bad debt. Mr. Bailey author knows this and it's just a question of how best the gov't (and its people) can be protected.
    2008 Sep 24 08:01 PM | Link | Reply
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    Not sure how you think WAMU will be bankrupt in days. They have $50 Billion in liquidity against POTENTIAL writeoffs of $19 Billion to $29 Billion over the next 1.5 to 2.5 YEARS. How does that make them bankrupt in days? 95% of articles on the bank don't refer to the numbers to back up their claims. The only way WAMU goes out of business is this pack mentality by sensationalist media that will hurt them more than any of the real mortgage issues. Why won't anyone look at the facts, or at least use them in their arguments?
    2008 Sep 24 08:13 PM | Link | Reply
  •  
    Thanks all for your interesting comments.

    Some of you have made me fear I failed to make two important points more strongly:

    First, I am in favor of a very large intervention - even to the point of creating guarantees/insurance on every non-fraudulent mortgage in America.

    Second, "The Market For Lemons" suggests that government buying RMBS will NOT create a market for RMBS - because the market itself has been destroyed. The price points Paulson plans to set are simply too little information to create a basis for people to buy. This is crucial.

    We must intervene, in my view. But when we intervene, we must provide much, much more information to the market about these credits or we will waste hundreds of billions. The level of fraud is - in my personal view - crippling this market.
    2008 Sep 24 08:24 PM | Link | Reply
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    I'm with J.D. 110, tho it's definitely a good one by Dave.

    But perhaps asymmetric information is inexorable and such scenario will be played out like it did and it does, which is just sad.
    2008 Sep 24 08:31 PM | Link | Reply
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    Sorry to comment on my own post here, but I'm listening to President Bush. Incredible. Total fallacy.

    It's all Fannie and Freddie's fault - not Countrywide, not IndyMac, not WaMu, not Bear.

    Incredible.

    And he's not even *trying* to claim that the government will get back the taxpayer's money on these "low priced" RMBS.
    2008 Sep 24 09:13 PM | Link | Reply
  •  
    This article is excellent. It's really not that complicated! Some changes to the underwriting requirements for new mortgages would put an end to these shenanigans:

    1. Loans will only be made to buyers who put down 20% of the total price.
    2. The buyer must qualify for the worst case interest rate change in an adjustable rate mortgage.
    3. Adjustable rate mortgages must specify an interest rate ceiling.

    For those who fear they may never qualify for a loan under these circumstances, I disagree. A few years of these requirements would help stabilize home prices.
    2008 Sep 24 10:03 PM | Link | Reply
  •  
    Yours is the first article I've read on this crisis that mentions the crooked mortgage salesmen. But wait, what about the crooked credit card banks with teaser rates that balloon from 0% to 32% if you don't pay? What about the "no payments and no interest until 2012" deals that are STILL in the newspapers? What about the "one low monthly payment for life" for cars that cost $30K+?

    Isn't this all about the incredibly overflowing froth of sleaze by rich people taking the financially illiterate class to the cleaners, reaching epic proportion, and finally coming home to roost?

    James Ch 5 v 1-6 comes to mind:

    'Now listen, you rich people, weep and wail because of the misery that is coming upon you. Your wealth has rotted, and moths have eaten your clothes. Your gold and silver are corroded. Their corrosion will testify against you and eat your flesh like fire. You have hoarded wealth in the last days. Look! The wages you failed to pay the workmen who mowed your fields are crying out against you. The cries of the harvesters have reached the ears of the Lord Almighty. You have lived on earth in luxury and self-indulgence. You have fattened yourselves in the day of slaughter. You have condemned and murdered innocent men, who were not opposing you.'

    Yes, as painful as all of this is, I fear that it needed to happen.

    However, "Somehow the banks will survive."

    from 'A Prohetic Vision of the 21st Century' Rick Joyner, 1999. (a GREAT read)
    2008 Sep 24 10:44 PM | Link | Reply
  •  
    "Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency."

    Language from Section 8
    Treasury Financial Bail-out Proposal
    Thats the rub-
    2008 Sep 24 10:47 PM | Link | Reply
  •  
    Paulson’s Trillion Dollar Bailout won’t work
    Here’s why


    1 There are mortgages some of which are failing. Above them is a huge stack of transactions called derivatives.
    2 Above in this sense means later. The latest transactions are at the top of the pile.
    3 Risks accumulate as the piles rise. Security is dispersed. Each new participant adds his own risk, to a greater or lesser degree. (Who would have predicted the AIG risk?) The added risk cannot be removed. The new buyer cannot obtain what the seller does not have.
    4 We imagine that the reverse auction should take out the weakest transactions first. These are probably the transactions near the top of the pile that have accumulated the greatest risk.
    5 But that is not what will happen. It is not the transaction that matters but the player who holds it. The auction will be “won” by the weakest player. The most desperate player. The player that can not longer continue to play the game. The same transaction is valued differently. (Metaphor: One home owner sees their negative equity and quits, another with better cash flow, hangs on.)
    6 Paulson does not plan to fix the problem securities, he plans to liquidate them. This is the equivalent of a fire sale. This will not make the seller stronger just (temporarily) more liquid. In many cases not liquid enough. The seller can only pass on the cash he has to those above him in the pile.
    7 The people above the auction “winner” must now accept the valuation of that “winner”. The risk/loss is passed upwards until someone with deep enough pockets is found to stop the chain. The potential risk is then exchanged for certain loss.
    8 There is no way for this to flow downwards.
    9 Each auction is likely to increase the need (increase the desperation) of those above them in the pile. One auction creates the need to for another auction above it. The underlying mortgage (the original problem) remains unfixed.
    10 This process is built on weakness. It destroys the pile without fixing the problem. It does this by accepting the valuation of the most desperate player.
    11 Forcing the weakest player’s valuation on everyone above him/her guarantees the worst possible outcome.
    2008 Sep 24 11:34 PM | Link | Reply
  •  
    Nice explanation Blackeyebart, but there is a simpler one:

    The Leveraged Debt Industry has already died, and no-one can revive it.
    2008 Sep 25 12:13 AM | Link | Reply
  •  
    Abeliever, wrong.
    Removing 'toxic paper' into one bad bank holding co would clean the closets of our nations banks and allow the trust to return to some of these institutions. Banks right now are afraid to lend to each other! Everyone is scared about what might be hiding in each other's closets.

    The new plan would remove it all and infuse new 'good' capital into our system. And you can bet that NONE of the new capital will be used to fund risky investments. On top of it all, just because a loan is subprime or an ARM doesn't mean that 100% of them will default. You know, only 3% of ALL LOANS right now, are in default/foreclosure. 24% of all subprime, but subprime in the big picture isn't that much. The reality is that we could get our economy back on track within a year or two, and the bad bank holding toxic waste will eventually be able to sell the debt for what was owed or even a profit.

    It CAN be revived, and it MUST. Yes, we're a capitalist country, but sometimes our over-indulgence and greed leave us no other alternative than to have our own government step in and clear the system using massive powers. It's that bad that it now requires intervention, and yes it will work.

    The question is, are you more worried about pointing fingers at Wall Street versus maintaining your own livlihood?
    2008 Sep 25 01:13 AM | Link | Reply
  •  
    InvestorX, Did you hear about Arthur Andersen, or Enron before they came out of the closet? Just because their published reports say one thing, doesn't mean reality backs it up. And with such a large scale economic web, where when one strand fails the pressure on the other strands exceeds their capacity, it will then break. I don't know if we will see WaMu fall tomorrow, but I would no longer be surprised by the short-sighted greed of the supposed "Smartest" people of our country.

    Slick Willy said it great on Larry King recently, Americans need to start realizing that leaving a positive, progressive mark on society should be on the list of goals of every American looking to be a solid citizen.

    2008 Sep 25 01:22 AM | Link | Reply
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    BigStuDog - Appreciate the response. Still, citing Arthur Andersen or Enron are referring to possibilities that are not hard facts. Besides loss of confidence, I have not seen (and believe me I've been looking) a well supported argument for the imminent fall of WAMU. Every article seems to assume it's going to happen based on previous articles saying the same thing. WAMU has been under scrutiny for over a year now, so a press release saying they have enough liquidity to cover loan losses for the next approximately 2 years (even in a worst case scenario) how is "WAMU days away from bankruptcy"? All I want are facts, and I haven't seen them, anywhere.
    2008 Sep 25 07:35 AM | Link | Reply
  •  
    The use of your Libor rate graph is very misleading to anyone not familiar with it. See what is looks like if you put the data set as starting in January 2003.
    2008 Sep 25 08:47 AM | Link | Reply
  •  
    Do I understand?

    Implicit in the Treasury proposal is this analysis:

    Crises in financial markets may result from:

    • Illiquidity.
    • Insolvency.
    • Information asymmetry.

    The Treasury does not aim to address a problem of liquidity. AIG presented a problem of liquidity and it was dealt with in classic manner. The central bank acted as lender of last resort at a swingeing interest rate.

    The proposal does not aim to address a problem of solvency. Lehman Brothers presented a problem of solvency and is to be liquidated in bankruptcy court.

    The Treasury believes that financial markets are not functioning because lenders don’t and can’t know if borrowers are good for the money. Risk can’t be quantified.

    The Treasury aims to provide information by setting a public price. In doing so it may overpay and thus inadvertently act as lender of last resort without getting interest or capitalize bankrupts without getting equity.

    How is the Treasury proposal supposed to work to provide information?
    Why won’t it work exactly?
    2008 Sep 25 03:57 PM | Link | Reply
  •  
    Mr. David Bailey,

    Let me begin by saying I agree with the substance of your presentation and explanation concerning the causes of the present economic malaise in the United States particularly the statement ".....nobody will buy our mortgages until we turn ourselves from risky Gordon Gecko into 'safe' Jimmy Stewart from it's a Wononderful World"... I've seen that film many times and was born in 1945 and have seen and experienced many things as a citizen of this country.
    Let me say this, turning from the Gordon Geckos to the Jimmy Stewarts does no good if the Thomas Mitchells in their weakness drop their hard earned savings on the floor of the bank or leave them on the counter in a newspaper so that the Gordon Geckos can snatch them when no one is looking and prosper even more in their crafty conceit!

    E.Tippett
    Chicago, Illinois
    2008 Sep 26 01:24 AM | Link | Reply
  •  
    You are the first that I have read who brings to light that we have screwed ourselves out of our last viable, non-replaceable export=the attractiveness of our "deep" financial markets, where dollars can be recycled. Up until now, it did not matter that we are exporting dollars like crazy while we lived beyond our means i.e. exported far less than we imported. Those who received our dollars turned around and could easily invest them in the US capital markets and know that they could freely, with no trouble take that money out of the US anytime they pleased. This was the "genius" of the American financial services system. NOW, those who export to the US and received our dollars are going to want to rethink where they put that cash. Treasuries? FNMA'S? Stocks? GE? We are approaching the point where nobody trusts us, and it is not only us, it is nobody trusts governments anywhere. The real issue is restoring trust. Either that or buy gold coins and hunker down for anarchy.
    2008 Sep 27 03:26 PM | Link | Reply