Edward Harrison

 

Recent Posts by Edward Harrison

  • Houses Most Overvalued in Australia and Hong Kong, Most Undervalued in Japan

    Mar 15, 2011Edward Harrison

    house-in-hands-150Perhaps a tiny bit of good news for Japan as it heads down the road of rebuilding after a massive tragedy: the next housing bubble is building elsewhere.

    house-in-hands-150Perhaps a tiny bit of good news for Japan as it heads down the road of rebuilding after a massive tragedy: the next housing bubble is building elsewhere.

    A few weeks ago, The Economist put out its quarterly gauge of house price values. Australia just beat out Hong Kong as the most overpriced market in the developed world, with an overvaluation of 56%. Japan was by far the most undervalued market, with an undervaluation of 35%. The only other housing markets that were undervalued, according to The Economist, were Germany (12%) and the U.S. (7%). (This was well before the earthquake and tsunami in Japan, so it is hard to say what impact those events will have on house prices.)

    This same report was a good one to look at regarding the housing bubble as it was popping. In June of 2005, The Economist published an article called "In come the waves" that was quite prescient:

    Never before have real house prices risen so fast, for so long, in so many countries. Property markets have been frothing from America, Britain and Australia to France, Spain and China. Rising property prices helped to prop up the world economy after the stock market bubble burst in 2000. What if the housing boom now turns to bust?

    According to estimates by The Economist, the total value of residential property in developed economies rose by more than $30 trillion over the past five years, to over $70 trillion, an increase equivalent to 100% of those countries' combined GDPs. Not only does this dwarf any previous house-price boom, it is larger than the global stock market bubble in the late 1990s (an increase over five years of 80% of GDP) or America's stock market bubble in the late 1920s (55% of GDP). In other words, it looks like the biggest bubble in history.

    -as quoted at Credit Writedowns, June 2008 in Naysayers, the housing bubble was obvious (with Economist 2005 chart for comparison)

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    What is The Economist saying now? It's pointing to Hong Kong first and foremost:

    [W]hatever those 31,000 agents say, Hong Kong homes are not a good deal, according to our latest global house-price index (see chart). In theory, the price of a home should reflect the value of the services it provides. People who choose to rent their homes buy those services on a monthly basis. Home prices should therefore reflect the rents that tenants pay. Our index calculates the ratio of prices to rents in 20 economies. In Hong Kong, that ratio is now almost 54% above its long-run average -- and it is still rising.

    People in Hong Kong often blame buyers from mainland China for pushing up prices. Ironically, mainlanders often blame buyers from Hong Kong for their own property frenzy. At a recent conference at Tsinghua University in Beijing, students complained that their parents had scrimped and saved to send them to university in the city, but now upon graduation they could barely afford to live there.

    Prices in China are not that high relative to rents: our index suggests that homes are overvalued by less than 13%. But this is based on the government's 70-cities index, which showed prices rising by only 6.4% in the year to December. That figure seemed implausibly low to many of China's stretched homebuyers, and the Chinese government appears to share their scepticism.

    Of the bubble markets where the bubble has popped, the U.S. seems to have corrected the most. Notice that Spain still has massively overvalued house prices according to this measure. Ireland and Britain is also well above the median. Here's the chart:

    economist-house-prices-graph

    Edward Harrison blogs at Credit Writedowns, where this piece originally appeared.

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  • Debt, Housing and Currency: Cautiously Optimistic for 2011

    Jan 14, 2011Edward Harrison

    the-economy-200Some signs are looking up, but there are still plenty of landmines in the economy.

    the-economy-200Some signs are looking up, but there are still plenty of landmines in the economy.

    It's high time I laid my cards on the table about 2011. So, here it is: I am cautiously optimistic about the US and global economy for 2011. Let me explain both pieces of the puzzle -- the cautious part and the optimistic part -- below. I'll start with the positive first.

    Optimistic

    Double dip recessions are not the norm; they are the exception. Why? Here's how I put it in September:

    Recoveries by definition start from a point of diminished output because recessions are periods of diminishing output. So output in the initial period of any recovery is always lower. That's how the math works -- and also why I continue to stress that this is a technical recovery.

    But, the important part to remember is how the business cycle works and how the recency effect creates self-reinforcing declines or recoveries in output.

    Increases in income lead to increases in retail sales which lead to increases in output and inventories which lead to more jobs and thus a further increase in income. This is a virtuous circle that defines the upward path of a business cycle.

    So, you really need to see powerful secular forces to overcome this self-reinforcing dynamic. Once a technical recovery begins, we should expect it to continue and blossom into a full-blown cyclical recovery. Obviously, I am talking about the medium-term, not the long-term here. But the point is that we have been in recovery for over one-and-a-half years in the US. Odds are that this will continue for some time to come (through 2011 at least).

    I see the jobs picture as encouraging. Employment is lagging, as it has in the last two recoveries. So the recovery looks particularly weak. Moreover, there seems to be a skew toward the upper income strata. This makes the technical recovery appear even more sluggish. But clearly, the jobs picture is improving.

    What are US jobless claims telling us about recovery? They are averaging about 410,000, down from almost 470,000 a year ago. And since employment is a lagging indicator, we should expect claims to drop even further as GDP has been growing.

    Across the board, the economic indicators show a modest but improving economic picture: industrial production, capacity utilization, personal income, retail sales. And I expect this to continue through at least the first half of 2011, probably through the whole year.

    Cautious

    I am cautious about this outlook because I still believe the US is in a cyclical upturn within a larger depression. The concept that the structural problems of excessive household indebtedness and an over-reliance on financial services and housing can be solved by money printing and fiscal stimulus leaves me cold. My thesis is that these remedies mask problems only due to the cyclical upturn. If the recovery is not used to whittle the problem away, the next recession will be as bad or worse than the last.

    That said, policy makers have done a pretty good job of avoiding egregious policy errors so far. I think that gives us enough oomph to get over the hump so the cyclical agents like inventories and cyclical hiring can do their magic. But, here are my lingering concerns.

    1. Europe: the sovereign debt crisis refuses to go away. The European periphery is hurting but the crisis has infected the core via Belgium and Italy. I expect the crisis to get worse before decisive action is taken because that's how politicians usually respond. There are three options for the euro zone: monetisation, default, or break-up. The question is whether this -- in and of itself -- deals a fatal blow to recovery in Europe, infecting the global economy. If you had asked me this question early last year, I would have said yes. Today, one year more into a cyclical recovery, it is less clear.

    2. US states and municipalities: Meredith Whitney has put this crisis front and center. My take is similar to the one on Europe: The question is whether this -- in and of itself -- deals a fatal blow to recovery in the US, infecting the global economy. Here, I have always felt that the budget issues would only become dire in a cyclical downturn as declining asset prices created public sector pension losses. In an upturn, tax revenue increases, as do accounting gains from asset prices. Costs for supporting the unemployed decrease. To the degree that there are budget problems, the situation is very pro-cyclical -- meaning you have what MBAs call a high degree of operating leverage on municipal and state income statements. Leverage works to magnify cyclical ups and downs. That means that, while I agree with Whitney's alarm on munis, I do not think this is a 2011 event.

    3. Housing: House price declines have resumed in the UK and the US. They never stopped in Ireland and Spain. The housing double dip is in progress. Complicating matters, clearly, fraud was a big issue not only in the origination of mortgage loans in the US but also in packaging and foreclosure. There is a real possibility that a systemic legal problem develops on that front in 2011. I don't know how this problem will be resolved. At this point, I see it as the biggest near-term risk for the US in 2011.

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    4. Currency Wars: a lot of good is done simply by having economic growth. It takes a lot of political heat off politicians. The currency wars are really a political event because they are caused by a lack of aggregate demand. When the pie shrinks, individual countries feel obliged to implement beggar-thy-neighbour policies to maintain their standards of living by taking a larger share of the pie. The developed economies have felt this ‘pie shrinkage' most acutely. So it is they who are driving the so-called currency wars forward. The emerging markets are merely reacting in kind. I say "First the rate reductions, then money printing, then the currency war, then the tariffs, then..." hopefully economic recovery. But, as with the other problems, unless recovery is used to solve the issue of external imbalances created by our jury-rigged monetary system, the so-called Bretton Woods II, then tensions will return worse than before when a recession hits. Only after a full-blown crisis will the underlying issues be addressed. So, wait for the next crisis for reform of the monetary system.

    5. UPDATE: Added this paragraph -- Commodity price Inflation: There is a real threat to recovery from commodity price inflation. We have already begun to see signs of food price riots, food price controls and the like in emerging markets. Additionally, Brent crude is at 27-month highs, closing in on $100 a barrel. Just think back to 2008; this type of commodity price inflation was toxic and sowed the seeds of its own demand destruction.

    Conclusions

    I may write what I think this means for stocks or bonds in another post. But the quick data dump is that profit margins are cyclically high while P/E ratios are above their long-term levels. If firms staff up, we could see a modest rise in stocks due to an increase in aggregate demand, despite these two factors. Personally, I tend to like large cap value and I think that's the right call for this environment because, while I am optimistic, I am cautious. On bonds, I have been saying for four months that they showed a poor risk/reward skew at these levels. Moreover, duration changes are pretty large when yields are low. That means you can sustain heavy losses if yields tick up. There is no reason to be a hero by moving out the curve and getting long duration. Nor is there any reason to load up on risk, especially in munis and sovereign debt. That is still my view. But US sovereign debt is a lot more attractive today than it was four months ago.

    On the economic front, I moved away from a multi-year recovery baseline because of the prospect of policy errors. We avoided those errors in 2010. With the technical recovery poised to become a full-blown cyclical recovery, I think it's time to move back to the multi-year recovery baseline. Let me repeat my oft quoted phrase about the secular leveraging in the developed economies:

    The problem I have with the recent history of growth in the United States, the United Kingdom, Spain and Ireland in particular is that the growth was underpinned by high debt accumulation and low savings. As debt is a mechanism through which we pull demand forward, the debt and consumption has meant we have been growing today at the expense of future growth.

    Low quality growth can go on for a long time

    This dynamic can continue for a very, very long time. In the United States, by virtue of America's possession of the world's reserve currency, an increase in aggregate debt levels has been successfully financed for well over twenty-five years. Mind you, there have been a number of landmines along the way. But, time and again, these pitfalls have been avoided through asymmetric monetary policy and counter-cyclical fiscal expansion.

    So, poor quality growth can continue for very long indeed. And it is this fact which allows the narrative of easy money and over-consumption to gain sway.

    The boy who cried wolf

    A soothsayer who counsels against this type of economic policy, but who warns of impending collapse, will surely be seen as the boy who cries wolf. Think back to 2001 or 2002. Did we not witness then the same spectacle whereby the bears and doomsayers were let out of their holes to warn of impending doom from reckless economic policy? By 2004, unless these individuals changed their tune, they were long forgotten or even laughed at -- only to resurface in 2007 and 2008 with their new tales of woe. Knowing this shapes the psychology of economic forecasting is why missing the turn is disastrous for one's career. Efforts to avoid missing the turn are also part of a very large pro-cyclical psychological force underpinning a cyclical bull market.

    The fact is: low quality growth does not lead to immediate economic calamity. It can continue through many business cycles. Even today, it is wholly conceivable that we could experience a multi-year economic expansion on the back of renewed monetary and fiscal expansion.

    Marc Faber: "Don't underestimate the power of printing money"

    You will recall that I wrote a post at the depths of the market implosion highlighting a phrase by Marc Faber, "Don't underestimate the power of printing money." This quote has stuck with me as asset markets have soared in the intervening time. What Faber was alluding to was the fact that printing money works. It does goose the economy as intended and it can induce a cyclical recovery.

    Nevertheless, the recovery is likely to be of poor quality due to significant malinvestment. Debt levels will rise and capital investment will be directed toward riskier enterprises. Look at what's happening in China. Are you telling me stimulus is not working? It most certainly is.

    In the west, stimulus is also working. It is designed to stop people from hoarding cash and to consume. It is also designed to get people out of savings accounts and into riskier asset classes. It is doing just that.

    But, remember, the developed world has a lot of problems to work through. The origins of the next crisis are already apparent -- and they have nothing to do with cyclical upturns and everything to do with a secular trend of rising indebtedness, now in both the public and private sectors in developed economies. If the developed economies use this cyclical upturn wisely to reduce household debt levels, to increase private sector savings, to clean up the balance sheets of weak banks, and to cautiously normalize fiscal and monetary policy, we will be in a much better position to counteract economic weakness when the next downturn hits.

    Edward Harrison blogs at Creditwritedowns.com, where this  piece originally appeared.

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  • Why mortgages aren't modified and what a ruling stopping foreclosures means

    Oct 23, 2009Edward Harrison

    house-in-hands-150Our colleague Edward Harrison of Credit Writedowns explains how mortgage servicers have financial incentives to prevent modifications that would help people keep their homes. Can a recent court ruling offer hope?

    house-in-hands-150Our colleague Edward Harrison of Credit Writedowns explains how mortgage servicers have financial incentives to prevent modifications that would help people keep their homes. Can a recent court ruling offer hope?

    In August, the Kansas Supreme Court issued a ruling against a mortgage tracking service which may prove very costly to banks in foreclosure, leading to massive writedowns. It could be a life saver for many trapped in the foreclosure process. The case goes to the core of the functioning of massive markets in securitization and derivatives and has wide-ranging importance.

    The service, MERS (Mortgage Electronic Registration System), is a privately-owned registry set up in 1997 by Fannie Mae, Freddie Mac and several large banks including JPMorgan Chase, Citigroup and Bank of America. In foreclosure, MERS is often the party which files on behalf of the lenders behind the mortgage against homeowners. The Kansas ruling effectively blocks MERS from bringing legal action on the lenders' behalf in certain foreclosure situations, potentially putting the kibosh on MERS' legal authority on the more than 60 million mortgages it holds and subjecting the lenders to huge losses.

    This is a complicated but important case I want to break down for you below.

    Securitization at fault

    The crux of the case has to do with mortgage-backed securities and the process of securitization. In a bygone era, almost all mortgages were held as loans on the books of the originating banks. In this case, if a mortgage went past due, it was a matter to be worked out between an individual homeowner and an individual mortgage holder.

    However, when the mortgage-backed securities (MBS) market took off, mortgages were sliced and diced into tranches and packaged into securities and sold on to investors. These same securities were then sliced and diced and packaged with other securities into collateralized debt obligations (CDOs). CDOs were often then sliced and diced further still into CDOs-squared - that is CDOs of CDOs.

    Often times, the underlying mortgages in these instruments were high-risk, sub-prime mortgages. But the ratings agencies could still give them AAA ratings, which made them eligible for investment by risk-averse investors like teachers' pension funds or municipalities. So, these securities were then sold on to investors around the world into remote places like small towns in Norway and banks in Germany. However, when the housing market fell, the value of these securities plummeted; and they fell much more than the house prices as the securities are derivatives and leveraged against the value of the underlying asset. The result was a financial crisis of epic proportions.

    Making matters more complicated for the homeowner, the originating lender is often not the servicing agent of a mortgage. Payment from the homeowner and to investors who are the ultimate owners of the security is handled by a mortgage servicer who collects a fee for its work.

    What this has meant is that there is considerable distance between a homeowner and a mortgage holder, such that in the event of foreclosure, it is not a matter of picking up the telephone and calling Mr. Smith at the local Bank. Often times, there is a byzantine web of originating bank, mortgage holder (if loan is sold), mortgage servicer, MBS pooling/securitizing agent, and investors. Needless to say, the average person doesn't have a clue as to who to call in order to get relief to avoid foreclosure. The obvious port of call is the mortgage servicer, who is the one party with whom a homeowner has ongoing contact.

    Mortgage Servicer

    Below is a research report written by the National Consumer Law Center just this past month on why consumers in jeopardy of suffering foreclosure cannot get loans modified.

    It starts:

    The country is in the midst of a foreclosure crisis of unprecedented proportions. Millions of families have lost their homes and millions more are expected to lose their homes in the next few years. With home values plummeting and layoffs common, homeowners are crumbling under the weight of mortgages that were often only marginally affordable when made.

    One commonsense solution to the foreclosure crisis is to modify the loan terms. Lenders routinely lament their losses in foreclosure. Foreclosures cost everyone -- the homeowner, the lender, the community-money. Yet foreclosures continue to outstrip loan modifications. Why?

    Once a mortgage loan is made, in most cases the original lender does not have further ongoing contact with the homeowner. Instead, the original lender, or the investment trust to which the loan is sold, hires a servicer to collect monthly payments. It is the servicer that either answers the borrower's plea for a modification or launches a foreclosure. Servicers spend millions of dollars advertising their concern for the plight of homeowners and their willingness to make deals. Yet the experience of many homeowners and their advocates is that servicers -- not the mortgage owners -- are often the barrier to making a loan modification.

    See the problem? This is exactly why loan modifications are not happening in large enough numbers. This goes to incentives -- mortgage servicers are not incentivized to make modifications. In fact the incentives go the other way -- foreclosure.

    Servicers have four main sources of income, listed in descending order of importance:

    * The monthly servicing fee, a fixed percentage of the unpaid principal balance of the loans in the pool;

    * Fees charged borrowers in default, including late fees and "process management fees";

    * Float income, or interest income from the time between when the servicer collects the payment from the borrower and when it turns the payment over to the mortgage owner; and

    * Income from investment interests in the pool of mortgage loans that the servicer is servicing.

    Overall, these sources of income give servicers little incentive to offer sustainable loan modifications, and some incentive to push loans into foreclosure. The monthly fee that the servicer receives based on a percentage of the outstanding principal of the loans in the pool provides some incentive to servicers to keep loans in the pool rather than foreclosing on them, but also provides a significant disincentive to offer principal reductions or other loan modifications that are sustainable on the long term. In fact, this fee gives servicers an incentive to increase the loan principal by adding delinquent amounts and junk fees. Then the servicer receives a higher monthly fee for a while, until the loan finally fails. Fees that servicers charge borrowers in default reward servicers for getting and keeping a borrower in default. As they grow, these fees make a modification less and less feasible. The servicer may have to waive them to make a loan modification feasible but is almost always assured of collecting them if a foreclosure goes through. The other two sources of servicer income are less significant.

    If servicers' income gives no incentive to modify and some incentive to foreclose, through increased fees, what about servicers' expenditures? Servicers' largest expenses are the costs of financing the advances they are required to make to investors of the principal and interest payments on nonperforming loans. Once a loan is modified or the home foreclosed on and sold, the requirement to make advances stops. Servicers will only want to modify if doing so stops the clock on advances sooner than a foreclosure would.

    Worse, under the rules promulgated by the credit rating agencies and bond insurers, servicers are delayed in recovering the advances when they do a modification, but not when they foreclose. Servicers lose no money from foreclosures because they recover all of their expenses when a loan is foreclosed, before any of the investors get paid. The rules for recovery of expenses in a modification are much less clear and somewhat less generous.

    In addition, performing large numbers of loan modifications would cost servicers upfront money in fixed overhead costs, including staffing and physical infrastructure, plus out-of-pocket expenses such as property valuation and credit reports as well as financing costs. On the other hand, servicers lose no money from foreclosures.

    This is a very important document for anyone looking to do a loan modification. I strongly suggest you read it, download it and act upon it.

    By the way, the largest servicers are:

    * Bank of America: $2.1 trillion, up from $530 billion a year earlier (via its acquisition of Countrywide - this is WHY bank of America bought Countrywide)

    * Wells Fargo: $1.8 trillion, up from $1.5 trillion a year earlier

    * JPMorgan Chase: $1.5 trillion, up from $795 billion a year ago (thanks in large part to its acquisition of Washington Mutual)

    * CitiMortgage (a division of Citigroup): $792 billion, down from $799 billion a year earlier. Citi is hurting i everywhere)

    * ResCap: $391 billion, down from $449 billion in the first quarter of 2008.

    As you can see, consolidation has meant the big are getting bigger. Despite a recession, servicing fees are increasing, not decreasing.

    You should DEFINITELY read my post "How refinancing helps the likes of Bank of America and Wells Fargo" because this demonstrates why these banks are going to rack up monster fees in mortgage servicing.

    Landmark National Bank v. Boyd A. Kessler, Kan 2009, No. 98,489

    That brings us to the Kansas case. According to the Kansas City Business Journal, the case can be summarized as follows:

    A Ford County man went into bankruptcy in 2006. He had taken out two mortgages on the same property, one to Landmark National Bank and one to Millennia Mortgage Corp. Landmark foreclosed on its mortgage. Millennia had sold its mortgage, which eventually landed at Sovereign Bank, though that transaction never was recorded in Ford County.

    Neither MERS nor Sovereign received notice when Landmark filed its foreclosure. That's because the notice went to Millennia, still registered in Ford County, which is like telling someone that a stranger's car is about to be towed.

    Landmark won a default judgment, essentially wiping out Sovereign's mortgage. MERS and Sovereign sued to set aside the judgment, arguing that MERS should have received notice. They lost at trial and on appeal.

    Supreme Court justices had a difficult time accepting what MERS was and why it would be entitled to receive notice of a foreclosure when it was not a lender and had no stake in the property behind the mortgage. In addition, the court found, the original mortgage required notice only to the lender, not MERS.

    This case was decided on 28 August 2009 in favor of the homeowner Boyd Kessler. The issue was predatory lending. But there was more wrong here. MERS does facilitate liquidity in the MBS market, but it does a lot of other things that could harm consumers

    * MERS also acts as a "corporate shield," protecting lenders from legal action in cases of predatory lending.

    * MERS can foreclose even though it is not the financial party with interest

    * Because MERS is a distant intermediary, foreclosure can proceed without even producing an original mortgage note

    * With MERS in control, consumers cannot access publicly available information to adequately determine who the holders of their note are.

    If MERS is blocked from filing suit in many cases, there will be large losses accumulating at the holders of these notes. Expect to hear more about this very important case.

    Edward Harrison blogs at Creditwritedowns.com, where this  piece originally appeared.

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  • Greed, regulation, Lehman and other fun facts about the financial industry

    Oct 16, 2009Edward Harrison

    money-shark-150Our colleague Edward Harrison of Credit Writedowns considers the definition of greed and what it means in the wake of the economic catastrophe.

    money-shark-150Our colleague Edward Harrison of Credit Writedowns considers the definition of greed and what it means in the wake of the economic catastrophe.

    In one of my latest posts I said "greed is not good." Quite frankly, I looked at this statement as self-evident in the wake of an economic catastrophe where greed was a defining element. Yet, a remarkable number of people commented in defense of greed; they seem to believe greed is a good thing. So, I would like to clarify a few things about greed in the context of the recent financial crisis and prudent regulation of the financial industry.

    Greed is not good

    Greed is defined as:

    * A selfish and excessive desire for more of something (as money) than is needed (Merriam Webster)

    * An excessive desire to acquire or possess more than what one needs or deserves, especially with respect to material wealth (Free Online Dictionary)

    * The selfish desire for or pursuit of money, wealth, food, or other possessions, especially when this denies the same goods to others. It is generally considered a vice, and is one of the seven deadly sins in Catholicism. (People who do not view unconstrained acquisitiveness as a vice will generally use a word other than greed, which has strong negative connotations.) (The Free Dictionary)

    * The obsession with accumulating material goods (Access-Jesus)

    Do you notice the commonalities in all these definitions? Excessive, selfish, more than what one needs or deserves, unconstrained, obsessive. You can make the non-judgmental argument as I did that greed is neither good nor bad. But, in what twisted world view is any of this good? Greed is not ambition or hunger or drive. Greed is by definition excessive and unconstrained, and, thus, leads to unstable and suboptimal outcomes. Greed is not good.

    This version of the definition was quite telling:

    "Greed is something that can never be satisfied. Greed and slothfulness have similarities in definition. The greedy and slothful both crave material goods as well as they have no desire to work for or to exchange anything of value for the object of their desires. The slothful will not work even for basic necessities much less add value to the world around them. The greedy will use deception to acquire material goods. The greedy will lie and use false pretenses to acquired goods at the expense of others."

    For more on this, see the Seven Deadly Sins. And just to make it clear, greed is antithetical to the core beliefs of all major religions in the Indo-European world. Why Americans who are ostensibly religious think ‘excessive wealth accumulation' is in keeping with the tenets of their faiths is beyond me.

    Free market ideology is a religion

    This is where the financial system comes into play. Back in 1987 when Oliver Stone made the movie "Wall Street," he intended Gordon Gekko to be an anti-hero emblematic of a period of excess. Yet, for some reason Gekko has since become a hero worthy of emulation amongst Wall Street's entrants. Why has this ‘greed is good' anti-hero become the man to emulate?

    Let's go back to what Jared Diamond says about how kleptocracies maintain power:

    "1. Disarm the populace, and arm the elite."

    "2. Make the masses happy by redistributing much of the tribute received, in popular ways."

    "3. Use the monopoly of force to promote happiness, by maintaining public order and curbing violence. This is potentially a big and underappreciated advantage of centralized societies over noncentralized ones."

    "4. The remaining way for kleptocrats to gain public support is to construct an ideology or religion justifying kleptocracy."

    Method number four, construct an ideology or religion justifying kleptocracy, should stand out for you. The religion, of course, is free market ideology. Now, I happen to believe quite fervently in the primacy of liberty and freedom over the the coercive power of the state. However, I see the free market as a means to an end not as an end unto itself.

    In my post "Deregulation as crony capitalism" I said:

    Obviously, if some always have more power and wealth than others, there is never a situation in which the economic playing field is level. Moreover, it is axiomatic that those with the means and access will always have greater influence over government than those without. So, in a very real sense, the socioeconomic elite of any advanced, stratified society will always have disproportionate control of the economic and political system.

    By that, I meant that a society with a perfectly free market is a fiction which is used to justify the theft from those with less access and power by those with more. It is an ideology which has never had any real world manifestation in any stratified society in history. To believe that markets are or should be completely free is to de facto believe that those with greater access and wealth should be free to use this access and wealth to bend the system in their favor.

    Trust but verify

    Regulators are there much as police officers, sports referees or teachers on schoolyard playgrounds are: to make sure people follow the rules or suffer the consequences.

    When I wrote the ‘Greed is not good' post, one reader responded that regulation was unnecessary; market discipline is the only regulation we need.

    Is market discipline alone going to prevent mortgage finance companies from engaging in predatory lending? Is market discipline alone going to prevent mortgage originators from making bad loans, knowing they can offload the risk in the securitization market? Is market discipline alone going to prevent bank holding companies from retaining excessive leverage? No, it is not. The credible threat of the regulator is necessary.

    "Speak softly and carry a big stick; you will go far."

    So what about Lehman?

    The Lehman decision was disastrous because it produced anarchy that resulted from the uncertainty of government action. I wrote a detailed post to this effect. When Lehman Brothers failed, I said the day after:

    "Yesterday was a volatile day in the global financial markets. With the Nikkei down 5% and European bourses down 2% in overnight trading, we should understand that more volatility awaits us in the coming days and weeks.

    As I survey this situation in serene tranquility away from market turmoil, I realize that I am very troubled by how the Lehman Brothers bankruptcy was handled. In my estimation, it was like putting the cart before the horse - allowing a financial institution to fail before you have worked out a mechanism of how to deal with that failure.

    This one action will expose the global financial system to enormous additional risk.

    Hank Paulson at the U.S. Treasury and Ben Bernanke at the U.S. Federal Reserve wanted to avoid the moral hazard of supporting the acquisition of a failed institution with government funds as it had done when JP Morgan Chase bought Bear Stearns. Therefore, Paulson and Bernanke were both fairly adamant about not offering any backstops for a Lehman Brothers takeover.

    This is the principal reason both Bank of America and Barclays decided not to pursue a takeover of the firm. And this is also the reason Lehman Brothers failed. Had the U.S. government offered guarantees on Lehman's debt, Barclays or Bank of America would have bought Lehman Brothers. In fact, I reckon BofA would have preferred to buy Lehman Brothers over Merrill Lynch as the price tag was much lower.

    Were Paulson and Bernanke correct? After some time to digest events, I must answer no. They were wrong."

    They were wrong for three principal reasons:

    1. The U.S. government has failed to provide a framework and process for dealing with failed institutions of this size and the impending wave of future bankruptcies it should expect.

    2. Failure will lead to asset liquidation, depressing asset prices further and putting further pressure on the remaining solvent financial services firms to writedown asset values.

    3. This will potentially result in a Great Depression-like chain of failures, credit contraction and asset liquidation.

    Rather than learning from the Great Depression, we are likely to repeat it.

    Why we need a framework and process

    It is clear from the difficulties facing AIG and Washington Mutual right now that further large failures are likely to occur.

    In the case of AIG, we are presented with a potential derivatives nightmare as this $1 trillion firm has its tentacles in all manner of Credit Default Swaps, Collateralized Debt Obligations and insurance products generally. AIG represents a much more ominous case of potential systemic risk than either Bear Stearns or Lehman Brothers.

    Washington Mutual is a large bank with $300 billion in assets. It is very leveraged to Alt-A and pay-option mortgages. Unlike subprime mortgages, which have seen the maximum number of interest rate resets, the majority of these products are resetting to higher interest rates now and in the future. This means a significant number of defaults in the sector will occur and that Washington Mutual will be stressed by these events. That may create liquidity or capital concerns which would force WaMu into insolvency. Were WaMu to be declared insolvent, the FDIC would need to be bailed out as it does not have adequate funds to deal with the likes of Washington Mutual.

    These two institutions are suffering even more as a result of the uncertainty that allowing Lehman Brothers to fail has created. Due to investor and counterparty jitters, AIG and WaMu are now more likely to fail than had Lehman Brothers been rescued. This fact and the systemic risk that AIG represents and the threat to the FDIC's adequacy that WaMu represents makes the need for a government bankruptcy framework and process more evident.

    A too big to fail resolution process is needed

    By and large this is exactly how things played out. AIG and WaMu both went bust and a Great Depression-like chain of events unfolded. Only due to herculean efforts and extreme government intervention was worse averted.

    The problem with Lehman was not that Lehman was declared insolvent and put into bankruptcy, but rather that no adequate resolution process for the firm was in place to address this too-big-to-fail institution's collapse without precipitating a market panic.

    When a systemically important institution faces collapse there are three potential avenues a resolution can take:

    1. Anarchy. Allow the company to fail spectacularly without any planning whatsoever so that the whole financial system faces financial Armageddon. The hope is that this solution does not produce despotism, war or famine. Let's call this unpreparedness. This is what was originally tried with Lehman Brothers.

    2. Crony Capitalism. Prop the institution up through bailouts, government backstops and guarantees, creating a moral hazard so that other banks know they too need to be too big to fail in order to avoid the consequences of market discipline. Let's call this kleptocracy. This is what happened to AIG, Citigroup, and Bank of America after Lehman's failure created panic.

    3. Free market. Stop poor or potentially illegal lending and excess credit growth and risk through prudent regulation in order to prevent a spectacular bust and crisis. But, if presented with a bust, allow the institution to fail and potentially be liquidated in a controlled resolution process. This is what I am advocating. I see this as a more realistic free market solution.

    What was needed when Lehman failed is also what is still needed today: a robust too big to fail resolution process. This should be priority one for regulatory reform in order to restore market discipline and reduce moral hazard. The heads of Standard Chartered, JPMorgan Chase and the FDIC understand this. Yet, there has been zero discussion of this issue in Congress.

    What might this process look like?

    1. Lay out specific rules regarding the provision of liquidity by the central bank at a penalty rate of interest or collateral to prevent bankruptcy if the true problem is liquidity and not solvency.

    2. Set up a special court for adjudicating bankruptcies of large financial institutions quickly.

    3. Mandate guidelines on haircuts equity and subordinated debtholders must take before any taxpayer money is used.

    4. If liquidation is necessary, require a strict timetable for milestones in the process.

    5. Set strict guidelines on what if any government guarantees a bankrupt or soon to be liquidated organization should receive and what the government should receive in return as compensation.

    These are just a few ideas. The point is that a robust TBTF resolution process can definitely be crafted if the effort is made. Future Lehmans can happen in the future without bringing the whole system down.

    Lehman will happen again

    Below is a 40-minute panel interview I did with Canadian TV station TVO and its program "The Agenda with Steve Paiken" just over two weeks ago. The questions: Saving Wall Street but forgetting Main Street? One year after the financial sector came close to collapse; could it happen again?

    The answer is yes and yes.

    Alan Greenspan was right when he reviewed lessons learned from Lehman's collapse and said about the excesses leading up to the crisis:

    "It's human nature, unless somebody can find a way to change human nature, we will have more crises and none of them will look like this because no two crises have anything in common, except human nature."

    But let's not absolve ourselves of the need to take action to prevent the negative fallout as Greenspan attempts to do. If we set the right course, we can also prevent a future economic crisis from being as severe as this one has been.

    Edward Harrison blogs at Creditwritedowns.com, where this  piece originally appeared.

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  • Are jobless claims pointing to structurally high unemploment?

    Sep 29, 2009Edward Harrison

    jobless-man-150Our colleague Edward Harrison of Credit Writedowns considers exports as the way to keep the economy from staying mired in recession, given the likelihood of continued high unemployment.

    jobless-man-150Our colleague Edward Harrison of Credit Writedowns considers exports as the way to keep the economy from staying mired in recession, given the likelihood of continued high unemployment.

    The latest jobless claims data is in, with initial claims registering 530,000 and continuing claims coming in at 6.1 million. These figures are well off the business cycle highs of a few months ago but still quite elevated.

    While the as-reported seasonally adjusted initial claims numbers are in the 500s, the actual initial claims have been in the 400s for 6 weeks now. And the 4-week average of just over 442,000 is now within striking distance of the 4-week average at this time last year. I anticipate the gap will close by the end of the year.

    On the other hand, continuing claims remain above 6 million and are a full 2.3 or 2.6 million above last year's levels, depending on whether you use seasonal adjustments or not. Clearly, the initial claims figures are declining faster than the continuing claims figures. And, remember, an awful lot of people have exhausted benefits before finding a job.

    So, stepping back for a moment, this picture suggests that unemployment will remain stubbornly high. I think this is a view most economists hold. But, there's more to the data than this. The data suggest a recession that is ending, but with remaining structurally high unemployment.

    Look at it this way: When you think about GDP as a measure of the economy, what you normally hear is the economy grew 1% or 3% or the economy contracted 2% last quarter. This is what is known as a first derivative statistic. That means all we are measuring is the change from one period to the next. That's it.

    Equally, when we think about economic recession and recovery, we are also measuring change from one period to the next. If unemployment is 9% in one period and 9.3% in the next, the difference is minimal enough that a recovery could take hold because of cyclical factors like the inventory cycle and automatic stabilizers. So recovery can come even in the face of high unemployment.

    Therefore, when I look at jobless claims, I think not only in terms of absolute numbers but in period-to-period changes because this coincides with the first derivative measures which reported GDP and business cycle measures are. For example, we are fast approaching a point where jobless claims are no higher than they were at this time last year. As a result, one should expect a recovery to take hold.

    What are the flies in the ointment?

    1. Initial claims are still at a level that suggests job losses and rising unemployment. While the trend in jobless claims suggests we will start adding jobs soon (maybe even before the end of the year), it is altogether possible that the move in claims down stops or reverses.

    2. The salve of stimulus and the boost of cyclical forces like automatic stabilizers are really the only thing keeping us from recession. if these are removed before unemployment stabilizes, the only way to produce economic growth in the short-term would be through the accumulation of debt.

    All that said, when jobless claims do slow to a point that allows the economy to add jobs, it will do so at a very high level of unemployment (say 10%). Given the record low capacity utilization rates and the record low hours worked per employee, it is likely that unemployment will remain structurally high for a long period afterwards since employers are not going to add a ton of jobs in that situation.

    The upshot of this structurally high unemployment is it puts a debt-laden economy at perpetual stall speed. Any exogenous shock (oil prices, inflation, withdrawal of stimulus, increase in interest rates) would throw us back into recession. And given the already high rates of unemployment and need for deleveraging in the private sector, that recession would likely be very severe.

    Therefore, the only way out of this trap is exports as it could grow the economy and reduce slack capacity enough to move us away from stall speed. But, of course everyone is suffering with the same problem of lower growth and excess capacity.

    For further information: Unemployment Insurance Weekly Claims Report - U.S. Department of Labor

    Edward Harrison blogs at Creditwritedowns.com, where this  piece originally appeared.

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