|
|
September 2008 Entries
House Rejects Financial Rescue Plan
After a weekend of intense negotiations, the White House and Congress agreed Sunday on a plan for the biggest banking rescue in U.S. history.
But the bailout plan was in doubt Monday after it fell 12 votes short of the 218 it needed to pass the House of Representatives. Democrats voted 141 to 94 in favor of the plan, while Republicans voted 65 to 133 against, according to a news update from CNNMoney.com.
In a statement issued Monday afternoon, the NATIONAL ASSOCIATION OF REALTORS® expressed disappointment that the bill didn't pass, saying the legislation "is critical to stopping the economic turmoil that millions of Americans are facing."
"Across the country, REALTORS® see and feel the loss of confidence experienced by both buyers and sellers in the real estate market and they know firsthand that buyers are finding it harder to get mortgages," NAR President Dick Gaylord said. "This legislation, if implemented, would quickly restore liquidity to the mortgage market, which would stabilize the housing market and protect homeowners."
The bill, which also would require approval from the Senate, would have allowed the government to buy as much as $700 billion in distressed financial assets from banks, freeing up the credit market so that loans will become more available.
Struggling home owners also would get some reprieve, as the bill calls for the Treasury Department and other government agencies to modify home loans when possible to avoid foreclosures.
"I am confident this legislation gives us the flexibility to unclog our financial markets and increase the ability of our financial institutions to deliver the credit that will help create jobs," Treasury Secretary Henry Paulson said in a statement Sunday.
He said the bill would provide the necessary tools to deploy up to $700 billion to address the urgent needs of the U.S. financial system—whether by purchasing troubled assets, insuring troubled assets, or averting the disorderly failure of large financial institutions.
In a measure to protect taxpayers, the bill states that if the government has a net loss after five years, the president will have to submit a legislative proposal to seek reimbursement from the financial institutions that participated.
The House of Representatives voted on the bill Monday, and the Senate is expected to consider it later in the week, possibly as early as Wednesday.
"Quick, effective and bipartisan action sends a signal to investors large and small, here and abroad, that we are committed to taking the necessary actions to protect our financial system and our economy," Paulson said.
In other news Monday, federal regulators said they had brokered a deal for Wachovia, the fourth largest bank in the U.S., to sell its banking assets to Citigroup. Shares in Wachovia crashed on Friday amid concerns over its exposure to subprime mortgage debt.
Source: NAR, The Wall Street Journal, CNN.com, U.S. Department of the Treasury
Information Regarding Recent Federal Reserve Actions
September 29, 2008
Statement regarding AIG transaction
Federal Reserve Ready to Provide Liquidity in Wachovia Transition
Federal Reserve and other central banks announce further coordinated actions to expand significantly the capacity to provide U.S. dollar liquidity
Statement by Chairman Bernanke on agreement by the Congress and the Administration
September 26, 2008
Federal Reserve and other central banks announce operations to address funding pressures over quarter end
September 24, 2008
Federal Reserve and other central banks announce additional measures to address elevated pressures in funding markets
Testimony on the economic outlook by Chairman Ben S. Bernanke before the Joint Economic Committee, U.S. Congress
Testimony on U.S. financial markets by Chairman Ben S. Bernanke before the Committee on Financial Services, U.S. House of Representatives
Chairman Bernanke presented identical remarks to the Committee on Banking, Housing, and Urban Affairs, U.S. Senate, on September 23, 2008
September 23, 2008
Testimony on U.S. financial markets by Chairman Ben S. Bernanke before the Committee on Banking, Housing, and Urban Affairs, U.S. Senate
September 22, 2008
Board announces the approval of a policy statement on equity investments in banks and bank holding companies
Board announces that Goldman Sachs and Morgan Stanley transactions may be consummated immediately
September 21, 2008
Board approves, pending a statutory five-day antitrust waiting period, the applications of Goldman Sachs and Morgan Stanley to become bank holding companies and also authorizes the Federal Reserve Bank of New York to extend credit to the London-based broker-dealer subsidiaries of Goldman Sachs, Morgan Stanley, and Merrill Lynch
September 19, 2008
Board approves two interim final rules in connection with initiative to provide liquidity to markets by extending loans to banking organizations to finance their purchases of high-quality asset-backed commercial paper (ABCP) from money market mutual funds
Federal Reserve Board announces two enhancements to its programs to provide liquidity to markets
September 18, 2008
Federal Reserve and other central banks announce further measures to address elevated pressures in funding markets
September 16, 2008
Federal Reserve Board, with full support of the Treasury Department, authorizes the Federal Reserve Bank of New York to lend up to $85 billion to the American International Group (AIG)
September 15, 2008
Federal banking agencies evaluating FASB's accounting proposals
Request for comment on draft interagency proposed rule to permit a banking organization to reduce the amount of its goodwill deduction from tier 1 capital by any associated deferred tax liability
September 14, 2008
Federal Reserve Board announces several initiatives to provide additional support to financial markets, including enhancements to its existing liquidity facilities
September 7, 2008
Federal banking agencies issue joint release on Fannie Mae and Freddie Mac
Statement by Chairman Bernanke on Fannie Mae and Freddie Mac
List of all Federal Reserve Board press releases
Last update: September 29, 2008
News Release
September 29, 2008
Richmond Fed Ready to Provide Liquidity in Wachovia Transition
Richmond, VA — The banking operations of Wachovia Corp., which is headquartered in Charlotte, N.C., are being acquired by Citigroup Inc. The transaction is being facilitated by the Federal Deposit Insurance Corporation and concurred with by the Board of Governors of the Federal Reserve and the Secretary of the Treasury.
Citigroup will acquire the bulk of Wachovia's assets and liabilities, including five depository institutions and assume senior and subordinated debt of Wachovia. Wachovia will continue to own AG Edwards and Evergreen.
In support of this transition, the Federal Reserve Bank of Richmond stands ready to provide liquidity as needed.
The Federal Reserve Bank of Richmond is one of 12 District Reserve Banks that together with the Board of Governors in Washington, D.C., make up the Federal Reserve System. The Richmond Fed serves the Fifth Federal Reserve District, which encompasses the District of Columbia, Maryland, North Carolina, South Carolina, Virginia, and most of West Virginia.
Press Release
Release Date: September 29, 2008
For release at 10:00 a.m. EDT
In response to continued strains in short-term funding markets, central banks today are announcing further coordinated actions to expand significantly the capacity to provide U.S. dollar liquidity. Central banks will continue to work together closely and are prepared to take appropriate steps as needed to address funding pressures.
Federal Reserve Actions
The Federal Reserve announced today several initiatives to support financial stability and to maintain a stable flow of credit to the economy during this period of significant strain in global markets.
We will continue to adapt these liquidity facilities as necessary and will keep them in place as long as circumstances require.
Actions by the Federal Reserve include: (1) an increase in the size of the 84-day maturity Term Auction Facility (TAF) auctions to $75 billion per auction from $25 billion beginning with the October 6 auction, (2) two forward TAF auctions totaling $150 billion that will be conducted in November to provide term funding over year-end, and (3) an increase in swap authorization limits with the Bank of Canada, Bank of England, Bank of Japan, Danmarks Nationalbank (National Bank of Denmark), European Central Bank (ECB), Norges Bank (Bank of Norway), Reserve Bank of Australia, Sveriges Riksbank (Bank of Sweden), and Swiss National Bank to a total of $620 billion, from $290 billion previously.
These steps are being undertaken to mitigate pressures evident in the term funding markets both in the United States and abroad. By committing to provide a very large quantity of term funding, the Federal Reserve actions should reassure financial market participants that financing will be available against good collateral, lessening concerns about funding and rollover risk.
84-Day Maturity TAF Auctions
The increase to $75 billion per auction will triple the supply of 84-day maturity credit to $225 billion from $75 billion. TAF credit at the 28-day maturity will remain at $75 billion. The total amount of TAF credit available in the 28-day and 84-day auction cycles will double to $300 billion from $150 billion.
Forward TAF Auctions
The forward TAF auctions are a new program designed to provide reassurance to market participants that term funding will be available over year-end. The timing and terms of the two forward TAF auctions will be determined after consultations with depository institutions that utilize the TAF program.
It is anticipated that there will be two auctions in November totaling $150 billion. These auctions will provide short-term (one- to two-week term) TAF credit over year-end.
Foreign Exchange Swap Lines
The Federal Open Market Committee (FOMC) has authorized a $330 billion expansion of its temporary reciprocal currency arrangements (swap lines). This increased capacity will be available to provide funding for U.S. dollar liquidity operations by the other central banks. The FOMC has authorized increases in all of the temporary swap facilities with other central banks. These larger facilities will now support the provision of U.S. dollar liquidity in amounts of up to $30 billion by the Bank of Canada, $80 billion by the Bank of England, $120 billion by the Bank of Japan, $15 billion by Danmarks Nationalbank, $240 billion by the ECB, $15 billion by the Norges Bank, $30 billion by the Reserve Bank of Australia, $30 billion by the Sveriges Riksbank, and $60 billion by the Swiss National Bank. As a result of these actions, the total size of outstanding swap lines is $620 billion.
All of the temporary reciprocal swap facilities have been authorized through April 30, 2009.
Dollar funding rates abroad have been elevated relative to dollar funding rates available in the United States, reflecting a structural dollar funding shortfall outside of the United States. The increase in the amount of foreign exchange swap authorization limits will enable many central banks to increase the amount of dollar funding that they can provide in their home markets. This should help to improve the distribution of dollar liquidity around the globe.
Information on Related Actions Being Taken by Other Central Banks
Information on the actions that will be taken by other central banks is available at the following websites:
Bank of Canada 
Bank of England 
Bank of Japan 
Danmarks Nationalbank (National Bank of Denmark)
Norges Bank (Bank of Norway) 
European Central Bank 
Reserve Bank of Australia 
Sveriges Riksbank (Bank of Sweden) 
Swiss National Bank 
Last update: September 29, 2008
Press Release
Release Date: September 29, 2008
For release at 8:30 a.m. EDT
I welcome the agreement by the Congress and the Administration on a comprehensive plan to stabilize our financial system and support our economy. This legislation should help to restore the flow of credit to households and businesses that is essential for economic growth and job creation, while at the same time affording strong and necessary protections for taxpayers. I look forward to swift passage of the legislation.
In addition, the Federal Reserve Board supports the timely actions taken by the Federal Deposit Insurance Corporation, which demonstrate our government's unwavering commitment to financial and economic stability.
Last update: September 29, 2008
Release Date: September 29, 2008
For immediate release
The Federal Reserve Board on Monday announced the annual indexing of the reserve requirement exemption amount and of the low reserve tranche for 2009. These amounts are used in the calculation of reserve requirements of depository institutions. The Board also announced the annual indexing of the nonexempt deposit cutoff level and the reduced reporting limit that will be used to determine deposit reporting panels effective 2009.
All depository institutions must hold a percentage of certain types of deposits as reserves in the form of vault cash, as a deposit in a Federal Reserve Bank, or as a deposit in a pass-through account at a correspondent institution. Reserve requirements currently are assessed on the depository institution's net transaction accounts (mostly checking accounts). Depository institutions must also regularly submit deposit reports of their deposits and other reservable liabilities.
For net transaction accounts in 2009, the first $10.3 million, up from $9.3 million in 2008, will be exempt from reserve requirements. A 3 percent reserve ratio will be assessed on net transaction accounts over $10.3 million up to and including $44.4 million, up from $43.9 million in 2008. A 10 percent reserve ratio will be assessed on net transaction accounts in excess of $44.4 million.
These annual adjustments, known as the low reserve tranche adjustment and the reserve requirement exemption amount adjustment, are based on growth in net transaction accounts and total reservable liabilities, respectively, at all depository institutions between June 30, 2007 and June 30, 2008.
For depository institutions that report weekly, the low reserve tranche adjustment and the reserve requirement exemption amount adjustment will apply to the fourteen-day reserve computation period that begins Tuesday, December 2, 2008 and the corresponding fourteen-day reserve maintenance period that begins Thursday, January 1, 2009.
For depository institutions that report quarterly, the low reserve tranche adjustment and the reserve requirement exemption amount adjustment will apply to the seven-day reserve computation period that begins Tuesday, December 16, 2008, and the corresponding seven-day reserve maintenance period that begins Thursday, January 15, 2009.
The Board also announced changes in two other amounts, the nonexempt deposit cutoff level and the reduced reporting limit, that are used to determine the frequency with which depository institutions must submit deposit reports. The attached Federal Register notice contains a description of the new boundaries for deposit reporting that will be effective in 2009.
The Board's notice is attached.
Attachment (26 KB PDF)
Testimony
Chairman Ben S. Bernanke
Economic outlook
Before the Joint Economic Committee, U.S. Congress
September 24, 2008
Chairman Schumer, Vice Chair Maloney, Representative Saxton, and other members of the committee, I appreciate this opportunity to discuss recent developments in financial markets and to present an update on the economic situation. As you know, the U.S. economy continues to confront substantial challenges, including a weakening labor market and elevated inflation. Notably, stresses in financial markets have been high and have recently intensified significantly. If financial conditions fail to improve for a protracted period, the implications for the broader economy could be quite adverse.
The downturn in the housing market has been a key factor underlying both the strained condition of financial markets and the slowdown of the broader economy. In the financial sphere, falling home prices and rising mortgage delinquencies have led to major losses at many financial institutions, losses only partially replaced by the raising of new capital. Investor concerns about financial institutions increased over the summer, as mortgage-related assets deteriorated further and economic activity weakened. Among the firms under the greatest pressure were Fannie Mae and Freddie Mac, Lehman Brothers, and, more recently, American International Group (AIG). As investors lost confidence in them, these companies saw their access to liquidity and capital markets increasingly impaired and their stock prices drop sharply.
The Federal Reserve believes that, whenever possible, such difficulties should be addressed through private-sector arrangements--for example, by raising new equity capital, by negotiations leading to a merger or acquisition, or by an orderly wind-down. Government assistance should be given with the greatest of reluctance and only when the stability of the financial system, and, consequently, the health of the broader economy, is at risk. In the cases of Fannie Mae and Freddie Mac, however, capital raises of sufficient size appeared infeasible and the size and government-sponsored status of the two companies precluded a merger with or acquisition by another company. To avoid unacceptably large dislocations in the financial sector, the housing market, and the economy as a whole, the Federal Housing Finance Agency (FHFA) placed Fannie Mae and Freddie Mac into conservatorship, and the Treasury used its authority, granted by the Congress in July, to make available financial support to the two firms. The Federal Reserve, with which FHFA consulted on the conservatorship decision as specified in the July legislation, supported these steps as necessary and appropriate. We have seen benefits of this action in the form of lower mortgage rates, which should help the housing market.
The Federal Reserve and the Treasury attempted to identify private-sector solutions for AIG and Lehman Brothers, but none was forthcoming. In the case of AIG, the Federal Reserve, with the support of the Treasury, provided an emergency credit line to facilitate an orderly resolution. The Federal Reserve took this action because it judged that, in light of the prevailing market conditions and the size and composition of AIG's obligations, a disorderly failure of AIG would have severely threatened global financial stability and, consequently, the performance of the U.S. economy. To mitigate concerns that this action would exacerbate moral hazard and encourage inappropriate risk-taking in the future, the Federal Reserve ensured that the terms of the credit extended to AIG imposed significant costs and constraints on the firm's owners, managers, and creditors. The chief executive officer has been replaced. The collateral for the loan is the company itself, together with its subsidiaries.1 (Insurance policyholders and holders of AIG investment products are, however, fully protected.) Interest will accrue on the outstanding balance of the loan at a rate of three-month Libor plus 850 basis points, implying a current interest rate over 11 percent. In addition, the U.S. government will receive equity participation rights corresponding to a 79.9 percent equity interest in AIG and has the right to veto the payment of dividends to common and preferred shareholders, among other things.
In the case of Lehman Brothers, a major investment bank, the Federal Reserve and the Treasury declined to commit public funds to support the institution. The failure of Lehman posed risks. But the troubles at Lehman had been well known for some time, and investors clearly recognized--as evidenced, for example, by the high cost of insuring Lehman's debt in the market for credit default swaps--that the failure of the firm was a significant possibility. Thus, we judged that investors and counterparties had had time to take precautionary measures.
While perhaps manageable in itself, Lehman's default was combined with the unexpectedly rapid collapse of AIG, which together contributed to the development last week of extraordinarily turbulent conditions in global financial markets. These conditions caused equity prices to fall sharply, the cost of short-term credit--where available--to spike upward, and liquidity to dry up in many markets. Losses at a large money market mutual fund sparked extensive withdrawals from a number of such funds. A marked increase in the demand for safe assets--a flight to quality--sent the yield on Treasury bills down to a few hundredths of a percent. By further reducing asset values and potentially restricting the flow of credit to households and businesses, these developments pose a direct threat to economic growth.
The Federal Reserve took a number of actions to increase liquidity and stabilize markets. Notably, to address dollar funding pressures worldwide, we announced a significant expansion of reciprocal currency arrangements with foreign central banks, including an approximate doubling of the existing swap lines with the European Central Bank and the Swiss National Bank and the authorization of new swap facilities with the Bank of Japan, the Bank of England, and the Bank of Canada, among others. We will continue to work closely with colleagues at other central banks to address ongoing liquidity pressures. The Federal Reserve also announced initiatives to assist money market mutual funds facing heavy redemptions and to increase liquidity in short-term credit markets.
Despite the efforts of the Federal Reserve, the Treasury, and other agencies, global financial markets remain under extraordinary stress. Action by the Congress is urgently required to stabilize the situation and avert what otherwise could be very serious consequences for our financial markets and for our economy. In this regard, the Federal Reserve supports the Treasury's proposal to buy illiquid assets from financial institutions. Purchasing impaired assets will create liquidity and promote price discovery in the markets for these assets, while reducing investor uncertainty about the current value and prospects of financial institutions. More generally, removing these assets from institutions’ balance sheets will help to restore confidence in our financial markets and enable banks and other institutions to raise capital and to expand credit to support economic growth.
I will now turn to a brief update on the economic situation.
Ongoing developments in financial markets are directly affecting the broader economy through several channels, most notably by restricting the availability of credit. Mortgage credit terms have tightened significantly and fees have risen, especially for potential borrowers who lack substantial down payments or who have blemished credit histories. Mortgages that are ineligible for credit guarantees by Fannie Mae or Freddie Mac--for example, nonconforming jumbo mortgages--cannot be securitized and thus carry much higher interest rates than conforming mortgages. Some lenders have reduced borrowing limits on home equity lines of credit. Households also appear to be having more difficulty of late in obtaining nonmortgage credit. For example, the Federal Reserve's Senior Loan Officer Opinion Survey reported that as of July an increasing proportion of banks had tightened standards for credit card and other consumer loans. In the business sector, through August, the financially strongest firms remained able to issue bonds but bond issuance by speculative-grade firms remained very light. More recently, however, deteriorating financial market conditions have disrupted the commercial paper market and other forms of financing for a wide range of firms, including investment-grade firms. Financing for commercial real estate projects has also tightened very significantly.
When worried lenders tighten credit, then spending, production, and job creation slow. Real economic activity in the second quarter appears to have been surprisingly resilient, but, more recently, economic activity appears to have decelerated broadly. In the labor market, private payrolls shed another 100,000 jobs in August, bringing the cumulative drop since November to 770,000. New claims for unemployment insurance are at elevated levels and the civilian unemployment rate rose to 6.1 percent in August. Households' real disposable income was boosted significantly in the spring by the tax rebate payments, but, excluding those payments, real after-tax income has fallen this year, which partly reflects increases in the prices of energy and food.
In recent months, the weakness in real income together with the restraining effects of reduced credit flows and declining financial and housing wealth have begun to show through more clearly to consumer spending. Real personal consumption expenditures for goods and services declined in June and July, and the retail sales report for August suggests that outlays for consumer goods fell noticeably further last month. Although the retrenchment in household spending has been widespread, purchases of motor vehicles have dropped off particularly sharply. On a more positive note, oil and gasoline prices--while still at high levels, in part reflecting the effects of Hurricane Ike--have come down substantially from the peaks they reached earlier this summer, contributing to a recent improvement in consumer confidence. However, the weakness in the fundamentals underlying consumer spending suggest that household expenditures will be sluggish, at best, in the near term.
The recent indicators of the demand for new and existing homes hint at some stabilization of sales, and lower mortgage rates are likely to provide some support for demand in coming months. Moreover, although expectations that house prices will continue to fall have probably dissuaded some potential buyers from entering the market, lower house prices and mortgage interest rates are making housing increasingly affordable over time. Still, homebuilders retain large backlogs of unsold homes, which should continue to restrain the pace of new home construction. Indeed, single-family housing starts and new permit issuance dropped further in August. At the same time, the continuing decline in house prices reduces homeowners' equity and puts continuing pressure on the balance sheets of financial institutions, as I have already noted.
As of midyear, business investment was holding up reasonably well, with investment in nonresidential structures particularly robust. However, a range of factors, including weakening fundamentals and constraints on credit, are likely to result in a considerable slowdown in the construction of commercial and office buildings in coming quarters. Business outlays for equipment and software also appear poised to slow in the second half of this year, assuming that production and sales slow as anticipated.
International trade provided considerable support for the U.S. economy over the first half of the year. Economic activity has been buoyed by strong foreign demand for a wide range of U.S. exports, including agricultural products, capital goods, and industrial supplies, even as imports declined. However, in recent months, the outlook for foreign economic activity has deteriorated amid unsettled conditions in financial markets, troubled housing sectors, and softening sentiment. As a consequence, in coming quarters, the contribution of net exports to U.S. production is not likely to be as sizable as it was in the first half of the year.
All told, real gross domestic product is likely to expand at a pace appreciably below its potential rate in the second half of this year and then to gradually pick up as financial markets return to more-normal functioning and the housing contraction runs its course. Given the extraordinary circumstances, greater-than-normal uncertainty surrounds any forecast of the pace of activity. In particular, the intensification of financial stress in recent weeks, which will make lenders still more cautious about extending credit to households and business, could prove a significant further drag on growth. The downside risks to the outlook thus remain a significant concern.
Inflation rose sharply over the period from May to July, reflecting rapid increases in energy and food prices. During the same period, price inflation for goods and services other than food and energy also moved up from the low rates seen in the spring, as the higher costs of energy, other commodities, and imported goods were partially passed through to consumers. Recently, however, the news on inflation has been more favorable. The prices of oil and other commodities, while remaining quite volatile, have fallen, on net, from their recent peaks, and the dollar is up from its mid-summer lows. The declines in energy prices have also led to some easing of inflation expectations, as measured, for example, by consumer surveys and the pricing of inflation-indexed Treasury securities.
If not reversed, these developments, together with a pace of growth that is likely to fall short of potential for a time, should lead inflation to moderate later this year and next year. Nevertheless, the inflation outlook remains highly uncertain. Indeed, the fluctuations in oil prices in the past few days illustrate the difficulty of predicting the future course of commodity prices. Consequently, the upside risks to inflation remain a significant concern as well.
Over time, a number of factors should promote the return of our economy to higher levels of employment and sustainable growth with price stability, including the stimulus being provided by monetary policy, lower oil and commodity prices, increasing stability in the mortgage and housing markets, and the natural recuperative powers of our economy. However, stabilization of our financial system is an essential precondition for economic recovery. I urge the Congress to act quickly to address the grave threats to financial stability that we currently face. For its part, the Federal Open Market Committee will monitor economic and financial developments carefully and will act as needed to promote sustainable economic growth and price stability.
Footnotes
1. Specifically, the loan is collateralized by all of the assets of the company and its primary non-regulated subsidiaries. These assets include the equity of substantially all of AIG's regulated subsidiaries. Return to text
Press Release
Release Date: September 24, 2008
For release at 1:00 a.m. EDT
Today, the Federal Reserve, the Reserve Bank of Australia, the Danmarks Nationalbank, the Norges Bank, and the Sveriges Riksbank are announcing the establishment of temporary reciprocal currency arrangements (swap lines) to address elevated pressures in U.S. dollar short-term funding markets. These facilities, like those already in place with other central banks, are designed to improve liquidity conditions in global financial markets. Central banks continue to work together during this period of market stress and are prepared to take further steps as the need arises.
Federal Reserve Actions
The Federal Open Market Committee has authorized the establishment of new swap facilities with the Reserve Bank of Australia, the Sveriges Riksbank, the Danmarks Nationalbank, and the Norges Bank. These new facilities will support the provision of U.S. dollar liquidity in amounts of up to $10 billion each by the Reserve Bank of Australia and the Sveriges Riksbank and in amounts of up to $5 billion each by the Danmarks Nationalbank and the Norges Bank.
In sum, these new facilities represent a $30 billion addition to the $247 billion previously authorized temporary reciprocal currency arrangements with other central banks: European Central Bank ($110 billion), Bank of Japan ($60 billion), Bank of England ($40 billion), Swiss National Bank ($27 billion), and Bank of Canada ($10 billion).
These reciprocal currency arrangements have been authorized through January 30, 2009.
Information on Related Actions Being Taken by Other Central Banks
Information on the actions that will be taken by other central banks is available at the following websites:
Reserve Bank of Australia
Danmarks Nationalbank (National Bank of Denmark) (54 KB PDF)
Norges Bank (Bank of Norway)
Sveriges Riksbank (Bank of Sweden)
August Existing-Home Sales Slide
Existing-home sales were down in August following a healthy gain in July as tight mortgage credit curtailed activity, according to the NATIONAL ASSOCIATION OF REALTORS®. Sales rose in the Midwest and South, but fell in the Northeast and West.
Nationally, existing-home sales — including single-family, townhomes, condominiums and co-ops — declined 2.2 percent to a seasonally adjusted annual rate of 4.91 million units in August from an upwardly revised pace of 5.02 million in July, but are 10.7 percent below the 5.50 million-unit pace in August 2007.
NAR President Richard F. Gaylord notes the pendulum in the mortgage market has swung too far. “The difficulty in obtaining a mortgage increased over past couple months, making it more challenging for creditworthy borrowers to find financing,” he says. “Our hope is that overly tight lending criteria can be loosened with reasonable standards and credit so that sales activity can catch up with demand.
"Interest rates have already declined, but there is a serious question as to whether a cash infusion by the U.S. Treasury into Wall Street would help consumers by improving mortgage funding," says Gaylord.
According to Freddie Mac, the national average commitment rate for a 30-year, conventional, fixed-rate mortgage rose to 6.48 percent in August from 6.43 percent in July; the rate was 6.57 percent in August 2007. However, last week the 30-year fixed had dropped to 5.78 percent.
Lawrence Yun, NAR chief economist, says the recent drop in interest rates is an immediate impact of recent government action. “August sales reflect higher interest rates before the government takeover of Freddie Mac and Fannie Mae, and the sudden drop in mortgage interest rates over the past couple weeks is improving housing affordability,” he says. “With higher loan limits and a beefing up of the FHA program, all the mechanisms have been falling into place to increase mortgage availability.
“However, home sales will be constrained without a freer flow of credit into the mortgage market. The faster that happens, the sooner we’ll see a broad stabilization in home prices that in turn will help the economy recover,” Yun says. “Historically, housing has led the nation out of economic doldrums. There will not be an economic recovery without a housing recovery.”
Median Price Drops
The national median existing-home price for all housing types was $203,100 in August, down 9.5 percent from a year ago when the median was $224,400.
“The median home price reflects more transactions related to subprime loans,” Yun adds. “Fewer than 10 percent of home owners have subprime loans, but these mortgages are accounting for a disproportionately high share of sales in the current market. On the other hand, areas that have had sharp price cuts are seeing a turnaround in sales, which are rising very fast now in parts of California, Florida and Nevada.”
Total housing inventory at the end of August fell 7.0 percent to 4.26 million existing homes available for sale, which represents a 10.4-month supply3 at the current sales pace, down from a revised 10.9-month supply in July.
Single-family home sales slipped 1.4 percent to a seasonally adjusted annual rate of 4.35 million in August from an upwardly revised pace of 4.41 million in July, but are 9.6 percent below the 4.81 million-unit level a year ago. The median existing single-family home price was $201,900 in August, down 9.7 percent from August 2007.
Existing condominium and co-op sales dropped 8.2 percent to a seasonally adjusted annual rate of 560,000 units in August from an upwardly revised level of 610,000 in July, and are 19.0 percent below the 691,000-unit pace in August 2007. The median existing condo price4 was $212,600 in August, which is 7.2 percent below a year ago.
Regional Results
- Midwest Regionally, existing-home sales in the Midwest rose 0.9 percent in August to a pace of 1.14 million but are 12.3 percent below August 2007. The median price in the Midwest was $168,000, down 5.6 percent from a year ago.
- South In the South, existing-home sales increased 0.5 percent to an annual pace of 1.86 million in August, but are 15.1 percent below a year ago. The median price in the South was $176,500, which is 3.4 percent lower than August 2007.
- West Existing-home sales in the West fell 5.3 percent to an annual rate of 1.07 million in August, but are 4.9 percent higher than August 2007. The median price in the West was $251,600, down 23.9 percent from a year ago. “The highest concentration of foreclosures is in the West, which is weighing down the median price because many buyers are taking advantage of deeply discounted prices,” Yun said.
- Northeast In the Northeast, existing-home sales dropped 6.6 percent to an annual pace of 850,000 in August, and are 15.0 percent below a year ago. The median price in the Northeast was $271,000, down 3.8 percent from August 2007.
—NATIONAL ASSOCIATION OF REALTORS®
Home Prices Fall to 2005 Levels
U.S. home prices fell 5.5 percent in July compared with the same month a year ago and are about equal to where they were in Oct. 2005, according to the Federal Housing Finance Agency.
Prices were down 0.6 percent from June on a seasonally adjusted basis, according to the agency.
James Lockhart, director of the agency, urged Fannie Mae and Freddie Mac to loosen lending standards to encourage more sales.
"I expect any changes to reflect both safe and sound business strategy and attentiveness to the (companies') mission," Lockhart said Tuesday in testimony prepared for a Senate Banking Committee hearing. He also said that modifying loans for troubled borrowers should be a "high priority."
But some observers think availability of mortgages is only part of the problem. "The crash of other financial assets has made folks rather uncomfortable," said Keith Gumbinger, a senior vice president with HSH Associates financial publisher. "It's not about keeping Fannie and Freddie afloat any more."
Source: The Associated Press, Alan Zibel (09/23/2008)
Practitioner Charged With Fair Housing Violations
The U.S. Department of Housing and Urban Development has charged a Jonesboro, Ga., practitioner with steering clients to different neighborhoods based on race.
The agency says an undercover sting found that Rodney Foreman, formerly associated with Coldwell Banker-Joe T. Lane Realty, made derogatory statements about African-Americans, refused to take white clients into predominantly black neighborhoods and told them that he kept different listings for whites and African-Americans, HUD said.
Foreman, who currently works for Coldwell Banker-Bullard Realty, faces fines if he is found guilty. HUD also charged Coldwell Banker-Joe T. Lane Realty with violations of the Fair Housing Act.
Source: The Associated Press (09/23/2008)
Fire Sprinklers Will Be Required for New Homes
Beginning on Jan. 1, 2011, fire sprinklers will be required in new one- and two-family homes and townhouses under a rule approved recently by the International Code Council that will be published in the 2009 International Residential Code.
The mandate's supporters say it will give residents more time to exit during a fire, but the National Association of Home Builders is concerned about the higher home prices and maintenance costs that will result.
Though costs vary by community, the Fire Protection Research Foundation says sprinkler systems run an average of $1.61 per square foot of space covered.
Wall Street Journal, Anjali Athavaley (09/23/08)
Mortgage Applications Fall After Two-Week Spurt
Mortgage application volume fell 10.6 percent on a seasonally adjusted basis to 591.4 compared with 661.7 the previous week, according to the Mortgage Bankers Association weekly survey.
Mortgage applications had risen after the U.S. government took over Fannie Mae and Freddie Mac, but in the wake of more bad economic news and rising interest rates both buyers and refinancers stepped back.
On an unadjusted basis the index decreased 11.1 percent compared with the previous week and was down 9.3 percent compared with the same week last year.
Refinance applications fell 11.2 percent and purchase applications declined 10 percent.
Meanwhile, mortgage rates jumped last week:
- 30-year fixed-rate mortgages increased to 6.08 percent from 5.82 percent.
- 15-year fixed-rate mortgages increased to 5.84 percent from 5.54 percent.
- 1-year ARMs increased to 7.01 percent from 6.95.
Source: Mortgage Bankers Association (09/24/2008)
Financial Bailout Plan Advances
Under pressure from the Bush administration to act swiftly, the plan to revive the U.S. financial system continues to move forward.
Treasury Secretary Henry Paulson Jr. and Federal Reserve Chairman Ben Bernanke pitched the bailout plan during testimony before the Senate banking committee on the morning of Sept. 23. (See NAR Gets Behind Efforts to Restore Market.)
"In order to avoid a continuing series of financial institution failures and frozen credit markets that threaten American families' financial well-being, the viability of businesses both small and large, and the very health of our economy," Paulson told the Senate Banking committee this morning.
Bernanke said there was no other option. "Action by the Congress is urgently required to stabilize the situation and avert what otherwise could be very serious consequences for our financial markets and for our economy," Bernanke said.
Some lawmakers from both parties have already expressed concern about the $700 billion price tag and its chances for success.
Meanwhile, Senate Banking Committee Chairman Christopher Dodd (D-Conn.) and his staffers have drafted a counter-proposal that works in many of the priorities outlined by Senate Democrats.
Source: New York Times, David M. Herszenhorn and CNN Money, Chris Isidore (09/23/08).
This is Not the Great Depression
Comparing the current crisis to the Great Depression is just plain wrong, say historians and veteran financial experts.
"The nomenclature of the word 'crisis' has cheapened," says Roy Smith, a professor at New York University's Stern School of Business and former partner at Goldman Sachs .
“The Great Depression had thousands of banks failing and people losing their life savings, 25 percent unemployment and social unrest and tent cities of the poor," says Allan Sloan, Washington Post and Fortune magazine columnist.
"With just 6 percent unemployment, we are having a debate as to whether we are even in a recession," says Richard Sylla, professor of the history of financial institutions and markets at New York University.
Source: Reuters News, Robert MacMillan (09/22/08)
Can Bankruptcy Law Reform Help?
Even if the government buys hundreds of billions of dollars worth of mortgage-backed securities, it is unlikely that it will be able to protect many Americans from losing their homes, analysts say.
Financial experts say that 90 percent or more of subprime mortgages are held in trusts that have been sold to institutional investors around the world. Unless every investor agrees, the terms of a mortgage can’t be changed.
''We are literally spending hundreds of billions of dollars on subsidies for financial institutions,'' says Christopher Mayer, a professor of real estate finance and vice dean at the Columbia School of Business. ''This won't do anything to help the housing market. This plan is about buying mortgage-backed securities, not mortgages, and there is a big difference.''
House and senate Democrats as well as consumer advocates are demanding that the law approving the bailout include a change in the U.S. bankruptcy law to allow judges to adjust the terms of the mortgage on a primary residence.
''That is by orders of magnitude the best thing that can be done to keep people in their homes,'' says Eric Stein, senior vice president of the Center for Responsible Lending.
The banking and securities industries, meanwhile, are fighting the change, as they did when it came up with the housing bill that was adopted in July.
''Authorizing write-downs of mortgages by bankruptcy judges will increase the risks of mortgage lending at a time when the market is already struggling, and this will harm consumers,'' wrote Floyd E. Stoner, a top lobbyist for the American Banking Association, in a statement on Monday.
Source: The New York Times, Edmund L. Andrews (09/23/08)
New York Launches Home Improvement Web Site
The New York Attorney General Andrew Cuomo says he has introduced a new home improvement Web site to help home owners avoid scams and dishonest contractors. His office has handled more than 1,550 complaints about the industry since January 2007.
The Web site, NYKnowYourContractor.com, offers a database that lists contractors that have had a complaint or a lawsuit filed against them. The site also offers information for home owners who are dealing with a lousy contract.
Source: The Associated Press (09/22/08)
Press Release
Release Date: September 22, 2008
For release at 4:15 p.m. EDT
The Federal Reserve Board on Monday announced the approval of a policy statement on equity investments in banks and bank holding companies. The policy statement provides additional guidance on the Board's position on minority equity investments in banks and bank holding companies that generally do not constitute "control" for purposes of the Bank Holding Company Act.
The policy statement is attached.
Policy statement on equity investments in banks and bank holding companies (831 KB PDF)
Last update: September 22, 2008
Testimony
Chairman Ben S. Bernanke
U.S. financial markets
Before the Committee on Banking, Housing, and Urban Affairs, U.S. Senate
September 23, 2008
Chairman Dodd, Senator Shelby, and members of the Committee, I appreciate this opportunity to discuss recent developments in financial markets and the economy. As you know, the U.S. economy continues to confront substantial challenges, including a weakening labor market and elevated inflation. Notably, stresses in financial markets have been high and have recently intensified significantly. If financial conditions fail to improve for a protracted period, the implications for the broader economy could be quite adverse.
The downturn in the housing market has been a key factor underlying both the strained condition of financial markets and the slowdown of the broader economy. In the financial sphere, falling home prices and rising mortgage delinquencies have led to major losses at many financial institutions, losses only partially replaced by the raising of new capital. Investor concerns about financial institutions increased over the summer, as mortgage-related assets deteriorated further and economic activity weakened. Among the firms under the greatest pressure were Fannie Mae and Freddie Mac, Lehman Brothers, and, more recently, American International Group (AIG). As investors lost confidence in them, these companies saw their access to liquidity and capital markets increasingly impaired and their stock prices drop sharply.
The Federal Reserve believes that, whenever possible, such difficulties should be addressed through private-sector arrangements--for example, by raising new equity capital, by negotiations leading to a merger or acquisition, or by an orderly wind-down. Government assistance should be given with the greatest of reluctance and only when the stability of the financial system, and, consequently, the health of the broader economy, is at risk. In the cases of Fannie Mae and Freddie Mac, however, capital raises of sufficient size appeared infeasible and the size and government-sponsored status of the two companies precluded a merger with or acquisition by another company. To avoid unacceptably large dislocations in the financial sector, the housing market, and the economy as a whole, the Federal Housing Finance Agency (FHFA) placed Fannie Mae and Freddie Mac into conservatorship, and the Treasury used its authority, granted by the Congress in July, to make available financial support to the two firms. The Federal Reserve, with which FHFA consulted on the conservatorship decision as specified in the July legislation, supported these steps as necessary and appropriate. We have seen benefits of this action in the form of lower mortgage rates, which should help the housing market.
The Federal Reserve and the Treasury attempted to identify private-sector approaches to avoid the imminent failures of AIG and Lehman Brothers, but none was forthcoming. In the case of AIG, the Federal Reserve, with the support of the Treasury, provided an emergency credit line to facilitate an orderly resolution. The Federal Reserve took this action because it judged that, in light of the prevailing market conditions and the size and composition of AIG's obligations, a disorderly failure of AIG would have severely threatened global financial stability and, consequently, the performance of the U.S. economy. To mitigate concerns that this action would exacerbate moral hazard and encourage inappropriate risk-taking in the future, the Federal Reserve ensured that the terms of the credit extended to AIG imposed significant costs and constraints on the firm's owners, managers, and creditors. The chief executive officer has been replaced. The collateral for the loan is the company itself, together with its subsidiaries.1 (Insurance policyholders and holders of AIG investment products are, however, fully protected.) Interest will accrue on the outstanding balance of the loan at a rate of three-month Libor plus 850 basis points, implying a current interest rate over 11 percent. In addition, the U.S. government will receive equity participation rights corresponding to a 79.9 percent equity interest in AIG and has the right to veto the payment of dividends to common and preferred shareholders, among other things.
In the case of Lehman Brothers, a major investment bank, the Federal Reserve and the Treasury declined to commit public funds to support the institution. The failure of Lehman posed risks. But the troubles at Lehman had been well known for some time, and investors clearly recognized--as evidenced, for example, by the high cost of insuring Lehman's debt in the market for credit default swaps--that the failure of the firm was a significant possibility. Thus, we judged that investors and counterparties had had time to take precautionary measures.
While perhaps manageable in itself, Lehman's default was combined with the unexpectedly rapid collapse of AIG, which together contributed to the development last week of extraordinarily turbulent conditions in global financial markets. These conditions caused equity prices to fall sharply, the cost of short-term credit--where available--to spike upward, and liquidity to dry up in many markets. Losses at a large money market mutual fund sparked extensive withdrawals from a number of such funds. A marked increase in the demand for safe assets--a flight to quality--sent the yield on Treasury bills down to a few hundredths of a percent. By further reducing asset values and potentially restricting the flow of credit to households and businesses, these developments pose a direct threat to economic growth.
The Federal Reserve took a number of actions to increase liquidity and stabilize markets. Notably, to address dollar funding pressures worldwide, we announced a significant expansion of reciprocal currency arrangements with foreign central banks, including an approximate doubling of the existing swap lines with the European Central Bank and the Swiss National Bank and the authorization of new swap facilities with the Bank of Japan, the Bank of England, and the Bank of Canada. We will continue to work closely with colleagues at other central banks to address ongoing liquidity pressures. The Federal Reserve also announced initiatives to assist money market mutual funds facing heavy redemptions and to increase liquidity in short-term credit markets.
Despite the efforts of the Federal Reserve, the Treasury, and other agencies, global financial markets remain under extraordinary stress. Action by the Congress is urgently required to stabilize the situation and avert what otherwise could be very serious consequences for our financial markets and for our economy. In this regard, the Federal Reserve supports the Treasury's proposal to buy illiquid assets from financial institutions. Purchasing impaired assets will create liquidity and promote price discovery in the markets for these assets, while reducing investor uncertainty about the current value and prospects of financial institutions. More generally, removing these assets from institutions’ balance sheets will help to restore confidence in our financial markets and enable banks and other institutions to raise capital and to expand credit to support economic growth.
At this juncture, in light of the fast-moving developments in financial markets, it is essential to deal with the crisis at hand. Certainly, the shortcomings and weaknesses of our financial markets and regulatory system must be addressed if we are to avoid a repetition of what has transpired in our financial markets over the past year. However, the development of a comprehensive proposal for reform would require careful and extensive analysis that would be difficult to compress into a short legislative timeframe now available. Looking forward, the Federal Reserve is committed to working closely with the Congress, the Administration, other federal regulators, and other stakeholders in developing a stronger, more resilient, and better regulated financial system.
Footnotes
1. Specifically, the loan is collateralized by all of the assets of the company and its primary non-regulated subsidiaries. These assets include the equity of substantially all of AIG's regulated subsidiaries. Return to text
10 ways to protect your money now
As the country's financial system teeters on the brink of disaster, you need a game plan to minimize the damage.
By The Wall Street Journal
Here are 10 things you can do amid the current financial panic:
1. Check that your bank accounts are federally insured.
The Federal Deposit Insurance Corp. (FDIC) guarantees deposits up to $100,000 per person. If you have to hold more than that, spread it across multiple banks. As a taxpayer, you are paying for this insurance, so use it.
2. Make sure your brokerage accounts are federally insured, too.
The Securities Investor Protection Corp. (SIPC) guarantees you at places like Lehman Bros. (LEH, news, msgs), Merrill Lynch (MER, news, msgs) and E-Trade Financial (ETFC, news, msgs) up to $500,000, including $100,000 in cash. The same rules apply: If you have more to invest, spread it across multiple firms. Note that the SIPC only makes sure you get your shares and bonds back if a brokerage fails. It does not, obviously, guarantee those investments' value.
3. Put money in thy purse.
If this market and this economy get any tougher, cash isn't going to be just king anymore. It's going to be king, queen, emperor, lord high chamberlain and the whole court. The easiest way to make or find a buck is to save it. So take an ax to those family budgets -- the restaurant meals, the Superduper Everything Cable package, the rip-off checking account with the high fees and low interest. It's all costing you.
4. Set up a home-equity line of credit while you still can.
Normally it would not be advisable to take on more debt, but if access to ready cash might be a lifesaver, it's best to line it up now. That's true especially if you are worried about your job. Credit is already tight, and it may get a lot tighter.
5. Refinance your mortgage.
The panic on Wall Street just caused a collapse in the interest rate on long-term U.S. Treasury bonds, as lots of investors rushed there for safety. And that usually leads to a fall in long-term mortgage rates.
6. Don't wait for your worst investments to "recover."
If you ever saw John Cleese and Michael Palin perform their famous skit about the dead parrot, you know exactly what I mean. No, your Fannie Mae (FNM, news, msgs) shares aren't "resting." They're lying at the bottom of the cage with their feet in the air. What more do you need to know? Stop waiting for them to "recover" before you sort out your portfolio.
7. Don't panic.
Journalists, like markets, tend to move in herds. And by the nature of their jobs, they write about the plane that crashes instead of the thousands that land safely. Remember, too, that pundits want to seem really wise by putting on serious expressions and saying things like "We don't know how this thing is going to play out" and "The situation could get a lot worse." Bah.
Guess what. We never know how things are going to play out. And the situation could get a lot better, too.
8. When it comes to your short-term money needs, nothing has changed.
Any money you might need within the next year or two should be held in cash or equivalents. That was true two years ago, and it is true now. The stock market is no home for money you may need urgently. It could fall 30% or jump 30%. Nobody knows. You can get a one-year CD paying 5% right now, and it's federally guaranteed.
9. If you are investing for five years or more, buy some stock.
The investment outlook is much, much better today than it has been for several years, because shares are much cheaper. World markets overall have fallen 27% from last year's peak. They're not a steal at current levels, but they are not particularly expensive either. Invest globally. Vanguard Total World Stock (VTWSX) gives you the whole world and low fees.
If you are looking for a value, Morningstar analyst Bridget Hughes likes Oakmark Global (OAKGX). Another good one is Tweedy, Browne's new Worldwide High Dividend Yield Value (TBHDX).
This list is not comprehensive. Remember: I am not trying to call the bottom of the market. Things could fall quite a bit further. No one knows. So invest little, often and broadly.
10. If you want to worry about anything, worry about your taxes.
The worse this crisis gets, the more the feds will end up putting taxpayers on the hook to prevent a meltdown. Taxes will go up sooner or later anyway, no matter who wins the election, because of our gigantic federal deficit. If you think Lehman Bros. was bad, you should look at Uncle Sam. You can forget about any talk of tax breaks. Oh, and if you want a break from worrying about taxes, worry about Treasury bonds. Deficits won't do anything good for them.
Sit tight; it's no time to fidget
As world markets take a wild ride, cashing out now will only lock in losses and keep you from enjoying the eventual recovery. Spend your time planning, not buying or selling.
By Tim Middleton
As financial carnage worldwide grows to biblical proportions -- as in Armageddon -- shell-shocked investors have three choices.
One is to sell out and run away -- and stock exchanges have experienced heavy volume as many have opted for this choice. The second is to hunker down and do nothing, since what you own is already worth only a fraction of its intrinsic value. The third is to heed Baron Rothschild's advice and begin snapping up the bargains chaos is creating.
I recommend the middle way.
"We would not put (money) anywhere" at the moment, says Harold Evensky, president of Evensky & Katz, a money management firm in Coral Gables, Fla. "We have a policy in extraordinarily volatile periods that we'll wait."
"I don't think I'd invest fresh money right now," agrees Sam Stovall, chief investment strategist for Standard & Poor's Corp. Though major averages are down more than 20% from their peaks (even after bailout-inspired rallies late Thursday and Friday), "We still have more to go."
Even choosing to remain on the sidelines involves risk: A big money-market fund has "broken the buck," chilling our faith in almost any refuge other than the mattress. That's why the Treasury on Friday said it would guarantee funds in money-market accounts.
But surviving chaos doesn't require genius; patience will do. The most important financial decision you can make today is to ignore what's stampeding so many others. This, too, shall pass, and as it does you will find opportunity right behind it.
Safety first
This is not a garden-variety bear market we are experiencing -- the type that, on average, Standard & Poor's says produces a 27% total decline in its 500-stock index. Nearly a year into this one, nobody really knows the extent of the economic sickness that it represents. Last week, when Treasury Secretary Henry Paulson briefed bankers on the government's takeover of insurer American International Group (AIG, news, msgs), he confessed he and his colleagues at the Federal Reserve "don't have a clear sense of how big the problem is."
So this could be one of those bears that could reach or even breach the all-time records for losses of 40%.
In fact, the biggest issue facing investors immediately is how to protect their cash. Last Wednesday one-month Treasury bills briefly sold for a negative coupon. Unprecedented in U.S. history, investors were willing to pay more than $1 for a dollar's worth of T bill, locking in a guaranteed but at least known loss. Demand was so brisk the Treasury sold $40 billion more in bills than it needed for government operations.
This followed a giant money market fund, Reserve Primary Fund, breaking the buck, or reporting a net asset value of only 97 cents for each dollar on deposit -- only the second such time that has happened. The fund owned paper issued by Lehman Bros., the failed investment bank.
Some of the biggest money-fund operators, including Vanguard Group, Fidelity Investments and Charles Schwab, issued statements saying their money funds owned no troubled paper from issuers like Lehman and AIG. Money funds have total assets of $3.5 trillion.
Investment advisers are warning their clients to make sure their cash is in federally insured accounts. They usually pay miserly rates, but at least they are secure. At banks and even in most brokerage accounts you can lock in such guarantees with bank-issued certificates of deposit.
The downside? An upside
If indeed this bear stands to go down another 10% or more, running for the exits is a bad idea. Not only do you lock in paper losses, you are apt to miss out on the eventual recovery, which could be explosive.
"I aggregated the S&P 500 behavior after the 1987 crash, the '90 credit crunch, the '98 currency crisis and the '02 technology bust, and what happens in the 36 months that follow is that the S&P quickly climbs 50%, most of that occurring in the first 24 months," says Jack Bowers, editor of the Fidelity Monitor investment newsletter.
A lot of people are rushing for cash, but the ones who continue to bear risk, they're going to be paid for it," he says. "At this point, there is less downside risk than upside opportunity, if you take a two- or three-year view."
That is the view you should take in any investment account, but especially your 401(k). Even when global economic officials behaved stupidly in the Great Depression of the 1930s, investors were ultimately made whole.
And so far global authorities have behaved sensibly, even brilliantly. Central banks have coordinated massive floods of liquidity to prevent credit from seizing up altogether. Paulson and Federal Reserve Chairman Ben Bernanke have shrewdly protected firms too big to fail, like AIG, while allowing others like Lehman to collapse.
That is, they've chosen prudently -- at least so far -- to reintroduce "moral hazard" into a financial system that under Bernanke's predecessor, Alan Greenspan, had run amok because excess was encouraged rather than punished.
Cheaper now, but risky, too
As for buying: The time will certainly come, but it can't hurt to wait for markets to become less confused.
"Wal-Mart gets $3 billion in market value lopped off the day Lehman collapses!" Bowers marvels. "The market is doing things that make no sense. As time goes on, the bad news will be more specific to stocks where there are actual earnings impacts. We're getting to the point where most of the money is transferred from weak hands to strong hands -- to battle-hardened investors. Those folks have a long-term view and see this as an opportunity rather than a hit to their living standards."
What's more, Bowers believes, this clarification has been sped up by Paulson and Bernanke. "Now that they've introduced a strike against moral hazard by letting Lehman fail, whatever was going to unfold over the next year will happen within the next few months," he says.
Evensky says he and his staff are already planning actions they'll take in more-orderly markets. "We'll be selling bonds and buying stocks," he says, noting the former have rallied as the latter have tanked. "Everybody talks about buying low and selling high, but almost nobody actually does it."
Deciding what to buy is easy: Just hew to your overall portfolio plan, trimming down positions that have gotten too large -- like bonds and cash -- and bulking up on those that have shrunken the most, like foreign stocks.
If that approach isn't aggressive enough for you, overlay it by fine-tuning your original plan in light of events. Among sectors, health care has the kind of defensive attributes that will allow it to outperform if, as some economists are now speculating, the domestic market goes sidewise during a prolonged but not necessarily deep recession. Ditto consumer staples, which you buy whether times are lean or fat.
Among regions, foreign developed markets will be unattractive if the dollar continues to rally -- meaning our own market is correspondingly more alluring -- but emerging markets should continue to experience substantially higher growth rates than anyone else.
And commodities, though they have taken a walloping, are likely to prosper once earnings comparisons are being made against normal rather than peak periods. Like many advisers (including me), Bowers is recommending his subscribers remain overweight energy and light on financials.
But as the chaos ebbs, you will discover stocks you wanted to own when they were $1 are now 75 cents. Consider the possibility that the market, and not something fundamental, is responsible for the mispricing. The good is being thrown out as well as the bad. That creates bloody bargains.
At the time of publication, Timothy Middleton didn't own any securities mentioned in this article.
Anatomy of a bank collapse
As Congress gears up to delve into troubles in the finance industry, the fall of regional bank IndyMac sheds light on how poor practices can combine with questionable oversight to create a disaster.
By ProPublica
As wildfires continue sweeping the financial markets, analysts and legislators agree on the need to sift through the ashes of earlier blazes to learn what went wrong and how to prevent future disasters.
The U.S. Senate Committee on Banking, Housing and Urban Affairs had scheduled a hearing last week to discuss recent bank failures and the role regulators played in them. The hearing was postponed because of new developments in the financial crisis, but senators are expected to return to the topic.
One major focus: the controversy surrounding one of the largest bank failures in the nation's history, the July collapse of Independent National Mortgage Corp., known as IndyMac.
One of the key witnesses senators want to hear from is John Reich, director of the Office of Thrift Supervision, which oversees the nation's savings and loan institutions. They are expected to ask him why OTS regulators didn't respond more forcefully to the obvious failings of Pasadena, Calif.-based IndyMac.
As he has in the past, Reich may well try to turn the blame back on a prominent member of the banking committee itself, Sen. Charles Schumer. In June, the New York Democrat sent a letter to the regulatory agencies -- which quickly found its way into the news media -- questioning IndyMac's solvency.
"All prospects of rescuing IndyMac disappeared after a June 26 letter to the OTS and the FDIC from Senator Charles Schumer that publicly expressed concerns about IndyMac's viability and caused depositors to withdraw approximately $1.3 billion from their accounts," Reich told a meeting of the American Bankers Association in Orlando in July.
While Schumer's famously ill-timed letter clearly hastened IndyMac's end, a detailed review of filings with the Securities and Exchange Commission and the Office of Thrift Supervision for December 2007 and March 2008 suggest that prospects for keeping the S&L afloat were all but nonexistent: The lender's demise was a matter of when, not if.
The filings raise the question of whether federal regulators felt it was more important to protect the bank's shareholders and executives than to safeguard the Federal Deposit Insurance Fund that would ultimately pay for the losses. The current cost of the IndyMac failure, according to the FDIC, is $8.9 billion -- a number that would undoubtedly have been smaller had the OTS called in the FDIC six months earlier.
"There are always questions when a bank fails," said William Ruberry, an OTS spokesman, who dismissed criticisms of OTS's actions as "Monday morning quarterbacking."
Good money after bad
The IndyMac filings from early this year painted a truly dire picture. The S&L was heavily involved in issuing so-called Alternative-A (Alt-A) mortgages, one cut above the infamous subprime category. Defaults on the Alt-A category were high and climbing. The firm was losing money at a growing rate, and its stock price had plummeted.
A conservative strategy by the OTS would have been to downgrade the S&L, and thereby limit the risk to the FDIC fund that protects insured deposits. Instead, to buy time in the hope that a new business plan would improve IndyMac's earnings, regulators let the firm take modest write-downs of 5% or so in some of its troubled mortgage assets. This helped IndyMac keep its risk-based capital ratio barely above the 10% floor and allowed it to qualify as "well-capitalized," thus avoiding being added to the FDIC's list of problem institutions.
As a result, IndyMac was able to keep borrowing from the Federal Home Loan Bank and pulling in insured deposits. The insured deposits rose to $16 billion as of March 31, compared with $8.8 billion on June 30, 2007. The result: much greater exposure for the FDIC when IndyMac finally collapsed.
The OTS has assembled a chronology of its efforts to forestall IndyMac's collapse, according to spokesman Ruberry. Many of these actions were informal in that they involved the agency working in consultation with the firm. While Ruberry would not share the chronology before the hearing, the agency has put an IndyMac timeline with a list of some enforcement actions on its Web site.
By 2006, the company was one of the biggest purveyors of Alt-A single-family mortgages, which are generally offered to people with good credit scores but often with little or no verification of income.
As early as March 2007, news stories began mentioning the possibility of massive defaults of Alt-A loans, dubbed "stated income" or "liar" loans, because people who received them often couldn't demonstrate they could pay the interest on the loan, particularly if, after a period of time, the loan reset at a higher rate. In the first quarter of 2007, according to IndyMac's SEC filings, just 21% of the company's total loan production involved "full-doc" (fully documented) mortgages.
A June 2008 report by the Center for Responsible Lending, a foundation-funded nonprofit that reports on abusive financial practices, described an IndyMac corporate culture that emphasized loan volume and short-term growth over careful lending standards. (Among the center's funders is the family foundation of Herbert and Marion Sandler, the principal funders of ProPublica.) It's a characterization the company has disputed.
"It didn't have to happen this way," the report concluded. "Federal authorities -- including the Office of Thrift Supervision -- should have kept a closer eye on IndyMac's business model and practices."
The OTS's Ruberry said the agency disagrees with the center's conclusions. "The Center for Responsive Lending and any other external party doesn't have all the info on what happened," he said. "They can't substitute for the insight of examiners who are in the bank."
Ruberry also noted that the number of consumer complaints about IndyMac was relatively low.
In the fourth quarter of 2007, under OTS supervision, IndyMac moved $10.9 billion in troubled loans intended for sale to the secondary market to the category of "held for investment" -- a polite term for loans that would be very difficult to sell without a huge discount. By that time, those loans were starting to reset and the housing market to decline, with disastrous results that would continue into 2008.
Withholding judgment
In that portfolio of loans held for investment, 9.47% were nonperforming in March 2008, compared with 2.12% for the same period in 2007, according to the company's March 10 quarterly filing. To make matters worse, the company's loans were heavily concentrated in California and to a lesser extent Florida, both hit particularly hard by the collapsing housing market.
Yet in March 2008, IndyMac still wasn't on the FDIC's list of problem banks.
When IndyMac transferred the $10.9 billion to the "held for investment" category, it had to revalue the loans to reflect "market" value. The bank determined the value had dropped by only about $600 million, a little more than 5%. It also freely admitted in its financial filings that because of "the extreme disruption in the secondary market" it would be hard to sell the loans. Any significant further devaluation would have put IndyMac below the required risk-based capital ratios necessary to accept brokered deposits without an FDIC waiver -- deposits on which the bank had become heavily reliant. As IndyMac's primary regulator, OTS still had the power to downgrade the S&L and bring in the FDIC. Instead, the OTS -- optimistically, in retrospect -- approved another course for IndyMac.
In the fourth quarter of 2007, IndyMac changed its business model "in response to market conditions and OTS concerns," according to an agency fact sheet. Rather than continue to push the riskier and higher yielding Alt-A loans, it focused on originating mortgages it could sell to so-called GSEs, or government-sponsored enterprises, like Fannie Mae and Freddie Mac. The OTS hoped that would buy IndyMac enough time to "obtain a significant capital infusion or to find a buyer," according to the agency's narrative. Before that could happen, Schumer's letter appeared, and the bank didn't have enough liquidity to withstand the deposit run that followed.
The senator and his staff didn't respond to multiple calls from ProPublica asking him to explain how his letter to the OTS became public, or what he and his staff were thinking if they were responsible for leaking it. Could someone as financially savvy as Schumer fail to understand that a public airing of his views was almost certain, in the current environment, to drive IndyMac to if not over the brink?
Whatever role Schumer's actions may have played, OTS's actions reflected a brash if not heroic assumption that the economy would improve and IndyMac's fortunes would brighten. "The predictions of economists were that the market was going to turn around," Ruberry said. "We obviously know in hindsight, but we couldn't see into the future how sustained the downturn would be."
Given the bank's already precarious position in late 2007, those assumptions will likely be strongly challenged when senators turn their attention from crisis management to what went wrong.
This article was written and reported by Jake Bernstein for ProPublica.
Press Release
Release Date: September 21, 2008
For release at 9:30 p.m. EDT
The Federal Reserve Board on Sunday approved, pending a statutory five-day antitrust waiting period, the applications of Goldman Sachs and Morgan Stanley to become bank holding companies.
To provide increased liquidity support to these firms as they transition to managing their funding within a bank holding company structure, the Federal Reserve Board authorized the Federal Reserve Bank of New York to extend credit to the U.S. broker-dealer subsidiaries of Goldman Sachs and Morgan Stanley against all types of collateral that may be pledged at the Federal Reserve's primary credit facility for depository institutions or at the existing Primary Dealer Credit Facility (PDCF); the Federal Reserve has also made these collateral arrangements available to the broker-dealer subsidiary of Merrill Lynch. In addition, the Board also authorized the Federal Reserve Bank of New York to extend credit to the London-based broker-dealer subsidiaries of Goldman Sachs, Morgan Stanley, and Merrill Lynch against collateral that would be eligible to be pledged at the PDCF.
Last update: September 22, 2008
Release Date: September 16, 2008
For release at 9:00 p.m. EDT
The Federal Reserve Board on Tuesday, with the full support of the Treasury Department, authorized the Federal Reserve Bank of New York to lend up to $85 billion to the American International Group (AIG) under section 13(3) of the Federal Reserve Act. The secured loan has terms and conditions designed to protect the interests of the U.S. government and taxpayers.
The Board determined that, in current circumstances, a disorderly failure of AIG could add to already significant levels of financial market fragility and lead to substantially higher borrowing costs, reduced household wealth, and materially weaker economic performance.
The purpose of this liquidity facility is to assist AIG in meeting its obligations as they come due. This loan will facilitate a process under which AIG will sell certain of its businesses in an orderly manner, with the least possible disruption to the overall economy.
The AIG facility has a 24-month term. Interest will accrue on the outstanding balance at a rate of three-month Libor plus 850 basis points. AIG will be permitted to draw up to $85 billion under the facility.
The interests of taxpayers are protected by key terms of the loan. The loan is collateralized by all the assets of AIG, and of its primary non-regulated subsidiaries. These assets include the stock of substantially all of the regulated subsidiaries. The loan is expected to be repaid from the proceeds of the sale of the firm’s assets. The U.S. government will receive a 79.9 percent equity interest in AIG and has the right to veto the payment of dividends to common and preferred shareholders.
Massive Rescue Effort for Financial Markets
Congressional leaders and the Bush administration are working with Treasury Secretary Henry Paulson and Federal Reserve Chair Ben Bernanke to prepare a massive intervention to revive the U.S. financial system.
The proposed plan reportedly includes using hundreds of billions of dollars in government funding to buy bad loans, leaving banks with more money and fewer problems and allowing them to again lend money.
Paulson and Bernanke urged lawmakers to approve the plan rapidly, presenting what some described as a “chilling” picture of the state of the financial system.
Congressional leaders were told that the consequences would be grave if the legislation doesn’t pass by the end of next week.
Taking over Fannie Mae and Freddie Mac, creating a new source of funding for investment banks, and assuming control of insurance giant American International Group obviously hasn’t been enough to end the crisis. It hasn’t stopped $79 billion in withdrawals from money-market funds, which are a critical source of funding for the U.S. financial system.
"The costs of doing nothing are enormous," said Rep. Barney Frank (D-Mass.), chairman of the House Financial Services Committee.
Source: The Washington Post, Binyamin Appelbaum and Lori Montgomery (09/19/08)
PAULSON: Good morning, everyone. Hope you got a lot of sleep last night.
Now, last night the Federal Reserve chairman, Ben Bernanke, SEC Chairman Chris Cox and I had a lengthy and productive working session with congressional leaders. We began a substantive discussion on the need for a comprehensive approach to relieving the stresses on our financial institutions and markets.
We have acted on a case-by-case basis in recent weeks, addressing problems at Fannie Mae and Freddie Mac, working with market participants to prepare for the failure of Lehman Brothers and lending to AIG so it can sell some of its assets in an orderly manner.
And this morning, we've taken a number of powerful tactical steps to increase confidence in the system, including the establishment of a temporary guarantee program for the U.S. money market and mutual fund industry.
Despite these steps, more is needed. We must now take further decisive action to fundamentally and comprehensively address the root cause of our financial system stresses.
The underlying weaknesses in our financial system today is illiquid mortgage assets that have lost value as the housing correction has proceeded. These illiquid assets are choking off the flow of credit that is so vitally important to our economy.
When the financial system works as it should, money and capital flow to and from households and business to pay for home loans, school loans and investments to create jobs.
As illiquid mortgage assets block the system, the clogging of our financial markets has the potential to have significant effects on our financial system and on our economy.
As we all know, lax lending practices earlier this decade led to irresponsible lending and irresponsible borrowing. This simply put — put too many families into mortgages they could not afford. We are seeing the impact on homeowners and neighborhoods with 5 million homeowners now delinquent or in foreclosure.
What began as a subprime lending problem has spread to other, less risky mortgages and contributed to excess home inventories that have pushed down home prices for responsible homeowners.
A similar scenario is playing out among the lenders who made those mortgages, the securitizers who bought, repackaged and resold them, and the investors who bought them.
These troubled loans are now parked or frozen on the balance sheets of banks and other financial institutions, preventing them from financing productive loans.
The inability to determine their worth has fostered uncertainty about mortgage assets and even about the financial conditions of the institutions that own them.
The normal buying and selling of nearly all types of mortgage assets has become challenged. These illiquid assets are clogging up our financial system and undermining the strength of our otherwise sound financial institutions.
As a result, Americans' personal savings are threatened, and the ability of consumers and businesses to borrow and finance spending, investment and job creation has been disrupted.
To restore confidence in our markets and our financial institutions so they can fuel continued growth and prosperity, we must address the underlying problem.
The federal government must implement a program to remove these illiquid assets that are weighing down our financial institutions and threatening our economy. This troubled asset relief program must be properly designed and sufficiently large to have maximum impact while including features to protect the taxpayer to the maximum extent possible.
The ultimate taxpayer protection will be the stability this troubled asset relief program provides to our financial system, even as it will involve a significant investment of taxpayer dollars.
I am convinced that this bold approach will cost American families far less than the alternative: a continuing series of financial institution failures and frozen credit markets unable to fund economic expansion.
I believe many members of Congress share my conviction. I will spend the weekend working with members of Congress of both parties to examine approaches to alleviate the pressure of these bad loans in our system so credit can flow once again to American consumers and companies. Our economic health requires that we work together for prompt, bipartisan action.
As we work with Congress to pass this legislation over the next week, other immediate actions will provide relief.
First, to provide critical additional funding to our mortgage markets, the GSEs Fannie Mae and Freddie Mac, will increase their purchases of mortgage-backed securities. These two enterprises must carry out their mission to support the mortgage market.
Second, to increase the availability of capital for new home loans, Treasury will expand the MBS purchase program we announced earlier this month. This will complement the capital provided by the GSEs, it will help facilitate mortgage availability and affordability.
These two steps will provide some initial support to mortgage assets, but they are not enough. Many of the illiquid assets clogging our system today do not meet the regulatory requirements to be eligible for the purchase by the GSEs or by the Treasury program.
I look forward to working with Congress to pass necessary legislation to remove these troubled assets from our financial system. When we get through this difficult period — which we will — our next task must be to improve the financial regulatory structure so that these past excesses do not recur.
This crisis demonstrates in vivid terms that our financial regulatory structure is suboptimal, duplicative and outdated. I have put forward my ideas for a modernized financial oversight structure that matches our modern economy and more closely links the regulatory structure to the reasons why we regulate.
This is a critical debate for another day. Right now our focus is on restoring the strength of our financial system so that it can again finance economic growth.
The financial security of all Americans, their retirement savings, their home values, their ability to borrow for college, and the opportunities for more and higher-paying jobs depends on our ability to restore our financial institutions to sound footing.
Thank you. Now I'll take several questions.
Question: Mr. Secretary, you said this needs to be — you said this needs to be of significant size. Are we talking hundreds of billions, a trillion dollars?
PAULSON: We're talking hundreds of billions. This needs to be big enough to make a real difference and get at the heart of the problem.
Question: What specifically will you be asking Congress for? Have you brought them a proposed legislative package?
PAULSON: We are going to be coming to them with a proposed legislative package and then working with them to flesh out the details through the weekend. And we're going to be asking them to take action on legislation next week.
Question: Mr. Secretary, what is the alternative here? What is the dire picture you painted for members of Congress last night to try and convince them to support this effort? What is the alternative?
PAULSON: This is what we need to do. Because for some time we've been saying that the root cause of the problems in our economy and our financial system is housing, and until we get stability in the housing market we are not going to get stability in our financial markets.
We've worked with Congress on a number of the steps, all of which were important, leading up to this. But this is the way we stabilize the system and get at the root cause.
Thank you all very much. Thanks.
Paulson calls for Congress action by next week
Paulson said he wanted action next week by Congress.
"Time is of the essence," House of Representatives Speaker Nancy Pelosi, a Democrat, said Thursday night after being briefed by Paulson and Bernanke.
Rep. Roy Blunt, the No. 2 Republican leader in the House, suggested the rescue can be handled without a tax increase.
"It doesn't necessarily have to be something that impacts taxpayers in a negative way," said Blunt. "It all depends on how you put that structure together."
Republican presidential candidate John McCain said any action should "be designed to keep people in their homes and safeguard the life savings of all Americans."
Democratic rival Barack Obama said it is critical that leaders in both parties work in concert. "Truly we are all in this together," he said.
The federal government already has pledged more than $600 billion in the past year to bail out, or help bail out, some of the biggest names in American finance.
Paulson Says Fannie, Freddie to purchase more securities
Paulson said mortgage giants Fannie Mae and Freddie Mac will step up their purchases of mortgage-backed securities to help provide support to the crippled housing market. The government seized control of the mortgage giants this month.
Paulson also said Friday that the Treasury Department will expand a program, announced earlier this month, to buy mortgage-backed securities, which have been badly hurt by the housing and credit crisis.
"As we all know, lax lending practices earlier this decade led to irresponsible lending and irresponsible borrowing. This simply put too many families into mortgages they could not afford," Paulson said.
At a news conference in which he only took three questions, Paulson was asked the approximate dollar size of the government intervention. "We're talking hundreds of billions," he said.
Paulson did not address specifics about the plan to buy back bad debt or whether the government would take a direct stake in troubled banks in exchange for its help.
"These illiquid assets are clogging up our financial system, and undermining the strength of our otherwise sound financial institutions. As a result, Americans' personal savings are threatened, and the ability of consumers and businesses to borrow and finance spending, investment, and job creation has been disrupted," Paulson said.
He said that the administration would present Congress with a proposed legislative package and then work with lawmakers "to flesh out the details through the weekend. And we're going to be asking them to take action on legislation next week."
"This is what we need to do. Because for some time we've been saying that the root cause of the problems in our economy and our financial system is housing, and until we get stability in the housing market we are not going to get stability in our financial markets," he said.
Earlier, Bush authorized Treasury to tap up to $50 billion from a Depression-era fund to insure the holdings of eligible money market mutual funds. And the Federal Reserve announced it will expand its emergency lending program to help support the $2 trillion in assets of the funds.
Both moves are designed to bolster the huge money market mutual fund industry, which has come under stress in recent days.
The Fed said it is expanding its emergency lending efforts to allow commercial banks to finance purchases of asset-backed paper from money market funds. The central bank's move should help the funds meet demands for redemptions.
The Securities and Exchange Commission early Friday imposed a temporary emergency ban on short-selling of financial company stocks. As the financial crisis widened, entreaties had come from all quarters to stem a swarm of short-selling contributing to the collapse of stock values of investment and commercial banks.
Congressional leaders said they expected to get the rescue plan Friday and act on it before Congress recesses for the election.
The government's actions could help alleviate the uncertainty that has been sending the markets into tumult over the past week. Lending has grinded to a virtual standstill in the wake of the bankruptcy of Lehman Brothers Holdings Inc.
Global stock markets roared higher, too.
And European Central Bank, Swiss National Bank and Bank of England offered up more cash Friday. The three banks put a combined $90 billion into money markets in a lockstep move.
The chairman of the Senate Banking Committee, Democratic Sen. Chris Dodd warned on Friday that the United States could be "days away from a complete meltdown of our financial system" and said Congress would work quickly to prevent that.
Later Dodd told reporters that the government's rescue plan will be costly, and demanded more details.
"We're anxious to hear the specifics," he said. "None of us have any idea what the details are. We understand the gravity of the moment."
Secretary Paulson says handling banks’ bad assets very costly, but needed
The Bush administration sketched out an effort on Friday to confront the worst U.S. financial crisis in decades, describing a plan that could cost taxpayers hundreds of billions of dollars to buy up bad mortgages and other toxic debt that has unhinged Wall Street.
President George W. Bush, flanked by Treasury Secretary Henry Paulson and Federal Reserve Chairman Ben Bernanke, acknowledged that the program will put a "significant amount of taxpayers' money on the line."
The administration is asking Congress to give it sweeping new powers to execute the plan. Paulson said it "needs to be big enough to make a real difference and get to the heart of the problem."
Paulson gave few details but said he would work through the weekend with leaders of Congress from both parties to flesh out the program, the biggest proposed government intervention in financial markets since the Great Depression of the 1930s. Members of the Senate Banking Committee said they had received no details of the proposal.
The government steps were clearly welcomed by financial markets. As Paulson spoke, the Dow Jones industrials were up over 300 points and at one point had soared by 450 points.
Before the markets opened, the government announced plans to temporarily insure money-market deposits and to block short-selling in financial securities. Short selling is a trading method that bets the stocks will go down.
Speaking to reporters at the Treasury Department, Paulson said that the new troubled-asset relief program that he wants Congress to enact must be large enough to have the necessary impact while protecting taxpayers as much as possible.
"I am convinced that this bold approach will cost American families far less than the alternative — a continuing series of financial institution failures and frozen credit markets unable to fund economic expansion," Paulson said in a prepared statement.
"The financial security of all Americans ... depends on our ability to restore our financial institutions to a sound footing," Paulson said.
Press Release
Release Date: September 19, 2008
For release at 8:30 a.m. EDT
The Federal Reserve Board on Friday announced two enhancements to its programs to provide liquidity to markets. One initiative will extend non-recourse loans at the primary credit rate to U.S. depository institutions and bank holding companies to finance their purchases of high-quality asset-backed commercial paper (ABCP) from money market mutual funds. This should assist money funds that hold such paper in meeting demands for redemptions by investors and foster liquidity in the ABCP markets and broader money markets.
To further support market functioning, the Federal Reserve also plans to purchase from primary dealers federal agency discount notes, which are short-term debt obligations issued by Fannie Mae, Freddie Mac, and the Federal Home Loan Banks.
Statement Regarding Planned Purchases of Agency Debt
Press Release
Release Date: September 18, 2008
For release at 3:00 a.m. EDT
Today, the Bank of Canada, the Bank of England, the European Central Bank (ECB), the Federal Reserve, the Bank of Japan, and the Swiss National Bank are announcing coordinated measures designed to address the continued elevated pressures in U.S. dollar short-term funding markets. These measures, together with other actions taken in the last few days by individual central banks, are designed to improve the liquidity conditions in global financial markets. The central banks continue to work together closely and will take appropriate steps to address the ongoing pressures.
Federal Reserve Actions
The Federal Open Market Committee has authorized a $180 billion expansion of its temporary reciprocal currency arrangements (swap lines). This increased capacity will be available to provide dollar funding for both term and overnight liquidity operations by the other central banks.
The FOMC has authorized increases in the existing swap lines with the ECB and the Swiss National Bank. These larger facilities will now support the provision of U.S. dollar liquidity in amounts of up to $110 billion by the ECB, an increase of $55 billion, and up to $27 billion by the Swiss National Bank, an increase of $15 billion.
In addition, new swap facilities have been authorized with the Bank of Japan, the Bank of England, and the Bank of Canada. These facilities will support the provision of U.S. dollar liquidity in amounts of up to $60 billion by the Bank of Japan, $40 billion by the Bank of England, and $10 billion by the Bank of Canada.
All of these reciprocal currency arrangements have been authorized through January 30, 2009.
Information on Related Actions Being Taken by Other Central Banks
Information on the actions that will be taken by other central banks is available at the following websites:
Bank of Canada 
Bank of England 
European Central Bank 
Bank of Japan (11 KB PDF) 
Swiss National Bank (58 KB PDF) 
30-Year Mortgage Rates Reach 7-Month Low
Freddie Mac reports a decline in the 30-year fixed mortgage rate to 5.78 percent during the week ended Sept. 18 from 5.93 percent the prior week, marking the lowest level in seven months.
During the same period, the 15-year mortgage rate dropped to 5.35 percent from 5.54 percent.
Meanwhile, interest on five-year adjustable mortgages slipped to 5.67 percent from 5.87 percent; and the one-year ARM slid to 5.03 percent from 5.21 percent.
Source: San Diego Union-Tribune (09/19/08)
Banks: No Exceptions for Short Sales
Increasingly, sellers seeking short sales are encountering a new twist.
Lenders are agreeing to let some short sales go through, but they want the home owners to sign a note promising to pay some or all of the balance due – debts that could burden borrowers for the rest of their lives.
Moody’s Economy.com estimates that about 10 million home owners have negative equity, a condition known colloquially as being upside down or underwater. By next June, the forecasting company expects the total to rise to 12.7 million — a quarter of all home owners who have mortgages.
“The first wave of foreclosures involved a lot of investors who just disappeared,” says Lance Churchill of Frontline Seminars, which teaches real estate practitioners how to negotiate with lenders on short sales. “Now, home owners with jobs and assets are underwater and want to sell. The banks want as much as they can get, today or in the future, and the owners want to get away clean.”
If the lender does a short sale without extracting anything from the seller, everyone in the country who is upside down could try to wiggle out from under and banks will take a fresh wave of hits. But if the lender pushes too hard, the borrower will default, leaving the bank in worse shape.
Source: The New York Times, David Streitfeld (09/18/08)
Older Americans Vulnerable to Housing Crisis
Older holders of subprime first mortgages are 17 times more likely to be in foreclosure than are older holders of prime loans, according to a study by the AARP Public Policy Institute.
The research shows that during the last six months of 2007, 28 percent of Americans age 50 and over were either in foreclosure or delinquent in mortgage payments.
"The public perception is that older Americans are financially secure in their homes," says Susan Reinhard, director of the institute. "But the reality is that while many are in fact secure, hundreds of thousands of others are not and face unsettling uncertainty over their futures as home owners."
- African-Americans and Hispanics are disproportionately affected in comparison with whites. Among mortgage holders 50 and over, African American and Hispanic borrowers both have foreclosure rates of 0.51 percent, compared to a rate of 0.19 percent for Caucasians.
- Older Americans are severely impacted by holding subprime loans. Older holders of subprime first mortgages are 17 times more likely to be in foreclosure than are older holders of prime loans.
- While older Americans are clearly vulnerable to the continuing mortgage crisis, the foreclosure rate at the end of last year for people aged 50 and over was 0.24 percent, compared with a total all-age U.S. average of 0.39 percent.
Source: AARP (09/18/08)
Congress Argues Over Flood Insurance Program
The U.S. flood insurance program would be temporarily extended for seven months under legislation introduced in Congress by U.S. Rep. Barney Frank (D-Mass).
The extension would give the lawmakers time to work out deep disagreements over the troubled program, which expires at the end of the year.
It was unclear whether the Senate would agree to the extension. Congress has been unable to agree on whether to add wind damage coverage to the 40-year-old flood insurance program, and whether to forgive its $18-billion debt from Katrina.
Source: Reuters News, Kevin Drawbaugh (09/18/08)
California: Home Sales Rise, Prices Fall
California Home sales rose 13.6 percent in August, according to MDA DataQuick.
Nearly 47 percent of all homes sold in California last month were foreclosed properties, pushing the median home price down 35.3 percent to $301,000 compared to August 2007.
Sales were restrained by difficulty obtaining loans for the region's high-priced homes, MDA DataQuick president John Walsh said.
"Mortgage availability will eventually loosen up, we just don't know when,” Walsh said.
Source: The Associated Press (09/18/08)
Barclays Agrees to Buy Some of Lehman Brothers' Assets
Britain's Barclays bank has agreed to buy some of the core assets of stricken US investment bank Lehman Brothers for 1 billion pounds ($1.75 billion), the two banks said.
Barclays had bought Lehman's North American investment banking and trading unit for $250 million, and paid $1.5 billion for its New York headquarters and two data centers following negotiations in New York, the bank said on Wednesday, Sept. 17.
The deal, which follows Barclays' withdrawal last weekend from negotiations on a rescue package for Lehman Brothers, still requires backing from a bankruptcy court.
John Varley, chief executive of Barclays, said the proposed acquisition was part of a policy of "profitable growth on behalf of our shareholders."
Barclays is regarding its move as the "opportunity of a lifetime," one analyst in London said.
"We have the opportunity to continue the growth and development of our US investment banking and capital market franchises with one of the leading financial institutions in the world," Lehman Brothers' chief operating officer Herbert McDade said.
It is understood that Barclays has steered clear of becoming involved with so-called "toxic investments" made by Lehman Brothers in volatile residential and commercial property markets.
The deal could safeguard the jobs of about 10,000 employees in the US, reports said.
But there has been criticism in London that none of the 5,000 Lehman Brothers' employees in Britain will benefit from the Barclays move.
DPA news agency (kjb)
Cash Buyers Command Best Prices
Cash is king in Florida markets where many buyers have the luxury of buying a home without getting a mortgage.
Budge Huskey, southeast region executive vice president at NRT LLC, parent company of Coldwell Banker Residential Real Estate, says cash sales have increased in the last 12 months from 25 percent to nearly 40 percent.
Michael Saunders & Co. reports that during the first eight months of this year 54.5 percent of its transactions were in cash.
"Cash buyers are definitely playing a bigger part in what is a shrunken marketplace," says Jack McCabe, a Deerfield Beach-based real estate analyst. "They are able to command the best prices, as when you have a cash buyer sitting across from you saying you don't have to worry about anything, this deal will close right away. It helps."
Source: Sarasota Herald-Tribune, Aaron Kessler (09/15/2008)
Message to Congress: RESPA Reform Needed
In testimony to Congress today, the NATIONAL ASSOCIATION OF REALTORS® said it's critical to reform the Real Estate Settlement Procedures Act in a way that truly benefits home buyers by reducing costs, simplifying the closing process, and making closing cost disclosures more consistent and understandable.
“Consumers rely on REALTORS® to help them understand the home buying process,” said T. Anthony Lindsey, a broker-owner from Charlotte, N.C., who spoke on behalf of NAR. “Our members recognize the need for RESPA reform–they work to protect consumers in the real estate transaction and have seen firsthand the problems and confusion with current procedures.”
NAR has expressed concern over the current U.S. Department of Housing and Urban Development proposal for RESPA reform, which it says falls short of its stated goal of simplifying the closing process.
In addition, HUD’s proposed closing script not only lengthens an already long process but also will ultimately increase closing costs.
“The new four-page Good Faith Estimate (GFE), along with the closing script and other changes, will cause additional confusion, reduces the incentive to shop but raises the prices for settlement services,” Lindsey said. “Replacing a two-page GFE with a four-page GFE is not simplification.”
NAR and the Center for Responsible Lending have recommended that HUD develop a one-page summary GFE to help buyers comparison shop, accompanied by a full GFE that includes all closing costs to reduce confusion. NAR also supports improved disclosures of mortgage terms and settlement services.
“The new GFE, with its price guarantees, volume discounts, and price tolerances, is designed to reduce costs, but its provisions will have the unintended consequences of reducing competition in the settlement services industry, favoring large lenders, and ultimately disadvantaging consumers,” said Lindsey.
—NATIONAL ASSOCIATION OF REALTORS®
Should U.S. Create Agency to Buy Bad Debt?
House Financial Services Committee Chairman Barney Frank said financial market turmoil is likely to force Congress and the Bush administration to consider whether the U.S. government should buy distressed debt and mortgages, according to a Bloomberg news report on Tuesday.
Frank (D-Mass.) says lawmakers and the Bush administration will have to consider whether Congress should create an agency like the Resolution Trust Corp., which took over the assets of failed savings and loan associations almost two decades ago.
Some investors say the government should take on a bigger role in resolving the credit crunch. Worldwide, financial institutions have reported more than $500 billion in losses and writedowns stemming from the collapse of the subprime-mortgage market.
Lehman Brothers became the latest casualty on Wall Street of the subprime mortgage crisis yesterday. Barclays Plc and Bank of America Corp. abandoned takeover talks, forcing Lehman Brothers, the fourth-largest U.S. investment bank, into bankruptcy.
"I wouldn't have said this a week ago,'' Frank said in the Bloomberg news report. ``We just had this test'' with Lehman Brothers and ``there was no self-help capacity in the market.''
He continued: "The question is what are the consequences of the federal government taking the risk of holding those assets."
Some lawmakers say it's a risk that the government shouldn't take on. Creating an agency to buy distressed debt is not the best solution, said House Republican leader John Boehner. "We need this issue to resolve itself, and having more federal involvement or having a new Resolution Trust Corp. is probably not the answer,'' Boehner said.
Source: Bloomberg News
Buying Makes Sense in These 66 Metros
It's more affordable to buy than to rent in many U.S. markets, according to data compiled by the National Low Income Housing Coalition.
Of the 100 most populous metro areas, 57 have average three-bedroom rental costs higher than the cost of a 6-percent interest rate loan for a typical low-priced house, the coalition said in a just-released report. That means people renting two-bedroom apartments would be better off buying a low-priced home in 24 of the 100 largest metro areas.
However, when determining if it's better to buy or rent, credit history is a crucial component to consider. A prospective buyer who is credit worthy of a 6 percent mortgage will pay a third less in monthly payments than someone who qualifies for an 8 percent loan.
And in many cities that can be a difference of hundreds of dollars and push them over the line to where renting actually makes more sense.
These are the top 10 markets where it makes sense to buy rather than rent. The full list of 66 markets is available at MSN.com.
- McAllen-Edinburg-Mission, Texas
- San Antonio, Texas
- New Orleans-Metairie-Kenner, La.
- Houston-Sugar Land-Baytown, Texas
- Dallas-Fort Worth-Arlington, Texas
- Rochester, N.Y.
- Syracuse, N.Y.
- Buffalo-Niagara Falls, N.Y.
- Jackson, Miss.
- Austin-Round Rock, Texas
Source: MSN Real Estate, Marilyn Lewis (09/15/2008)
Credit-Worthy Buyers See Tighter Lending
Interest rates are lower and existing-home prices have fallen dramatically in many areas. Now what the market needs are willing buyers who can find financing.
About 75 percent of U.S. banks tightened standards on mortgage lending to the most credit-worthy borrowers in the three months ended in July, according to the Federal Reserve's quarterly Senior Loan Officer Survey.
"Tighter standards assure the loans are less likely to fail, but also have had the unfortunate effect of limiting the ability of some first-time home buyers to enter the market,'' says Sara Tinsley Demarest, spokeswoman for the Washington-based Mortgage Bankers Association.
"Nobody really wants to take risk anymore. Deals are getting really hard to do now,” says Suzanne Bach, senior vice president of New York-based Guardhill Financial Corp., and an 18-year home lending veteran.
Source: Bloomberg, Sharon L. Lynch (09/16.2008)
August Foreclosures Up 12% from July
August foreclosure filings rose 12 percent from the prior month, and were up 27 percent over the same time a year ago, according to RealtyTrac, an online marketplace for foreclosure properties.
One in every 416 U.S. households nationwide received a foreclosure filing during the month.
While foreclosures appeared to be down compared to previous months, the numbers are misleading, according to James Saccacio, CEO of RealtyTrac. He said the annual percentage increase in August appears to be lower than it has been in previous months because there was a big spike in foreclosures last August.
States with the highest percentage of foreclosures are: Nevada, California, Arizona, Florida, Michigan, Georgia, Ohio, Colorado, Illinois and Indiana.
States with the highest number of actual foreclosures: are California, Florida, Arizona, Michigan, Nevada, Ohio, Texas, Illinois, Georgia and New Jersey.
Source: RealtyTrac (09/12/08)
Press Release
Release Date: September 16, 2008
For release at 9:00 p.m. EDT
The Federal Reserve Board on Tuesday, with the full support of the Treasury Department, authorized the Federal Reserve Bank of New York to lend up to $85 billion to the American International Group (AIG) under section 13(3) of the Federal Reserve Act. The secured loan has terms and conditions designed to protect the interests of the U.S. government and taxpayers.
The Board determined that, in current circumstances, a disorderly failure of AIG could add to already significant levels of financial market fragility and lead to substantially higher borrowing costs, reduced household wealth, and materially weaker economic performance.
The purpose of this liquidity facility is to assist AIG in meeting its obligations as they come due. This loan will facilitate a process under which AIG will sell certain of its businesses in an orderly manner, with the least possible disruption to the overall economy.
The AIG facility has a 24-month term. Interest will accrue on the outstanding balance at a rate of three-month Libor plus 850 basis points. AIG will be permitted to draw up to $85 billion under the facility.
The interests of taxpayers are protected by key terms of the loan. The loan is collateralized by all the assets of AIG, and of its primary non-regulated subsidiaries. These assets include the stock of substantially all of the regulated subsidiaries. The loan is expected to be repaid from the proceeds of the sale of the firm’s assets. The U.S. government will receive a 79.9 percent equity interest in AIG and has the right to veto the payment of dividends to common and preferred shareholders.
Press Release
Release Date: September 16, 2008
For immediate release
The Federal Open Market Committee decided today to keep its target for the federal funds rate at 2 percent.
Strains in financial markets have increased significantly and labor markets have weakened further. Economic growth appears to have slowed recently, partly reflecting a softening of household spending. Tight credit conditions, the ongoing housing contraction, and some slowing in export growth are likely to weigh on economic growth over the next few quarters. Over time, the substantial easing of monetary policy, combined with ongoing measures to foster market liquidity, should help to promote moderate economic growth.
Inflation has been high, spurred by the earlier increases in the prices of energy and some other commodities. The Committee expects inflation to moderate later this year and next year, but the inflation outlook remains highly uncertain.
The downside risks to growth and the upside risks to inflation are both of significant concern to the Committee. The Committee will monitor economic and financial developments carefully and will act as needed to promote sustainable economic growth and price stability.
Voting for the FOMC monetary policy action were: Ben S. Bernanke, Chairman; Christine M. Cumming; Elizabeth A. Duke; Richard W. Fisher; Donald L. Kohn; Randall S. Kroszner; Sandra Pianalto; Charles I. Plosser; Gary H. Stern; and Kevin M. Warsh. Ms. Cumming voted as the alternate for Timothy F. Geithner.
Joint Press Release
Board of Governors of the Federal Reserve System
Federal Deposit Insurance Corporation
Office of the Comptroller of the Currency
Office of Thrift Supervision
For immediate release
September 15, 2008
Federal Banking Agencies Evaluating FASB's Accounting Proposals
The federal banking agencies are evaluating the amendments to generally accepted accounting principles proposed today by the Financial Accounting Standards Board (FASB).
These proposals would amend Statement of Financial Accounting Standards No. 140, Accounting for Transfers and Servicing of Financial Assets and Extinguishments of Liabilities (FAS 140), and FASB Interpretation No. 46(R), Consolidation of Variable Interest Entities (FIN 46(R)).
The FASB's proposed amendments would remove the concept of a qualifying special purpose entity (QSPE) from FAS 140. This would require that variable interest entities previously accounted for as QSPEs under FAS 140 be analyzed to determine whether they must be consolidated in accordance with FIN 46(R). The amendment also would revise the criteria for reporting a sale versus a financing.
The proposed amendments also would modify the guidance in FIN 46(R) for determining which enterprise, if any, would consolidate a variable interest entity and require additional disclosures. Banking organizations commonly use QSPEs and variable interest entities for securitization and other structured finance activities.
The Federal Reserve Board, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, and Office of Thrift Supervision are evaluating the potential impact that these proposals could have on banking organizations' financial statements, regulatory capital, and other regulatory requirements. The agencies expect to engage in discussions with banks, savings associations, and bank holding companies to review and understand fully the implications of the proposed amendments.
| Media Contacts: |
| Federal Reserve |
Susan Stawick |
202-452-2955 |
| FDIC |
David Barr |
202-898-6992 |
| OCC |
Dean DeBuck |
202-874-4876 |
| OTS |
William Ruberry |
202-906-6677 |
Press Release
Release Date: September 15, 2008
For immediate release
The Federal Reserve Board on Monday requested public comment on an interagency notice of proposed rulemaking (NPR) that would permit a banking organization to reduce the amount of its goodwill deduction from tier 1 capital by any associated deferred tax liability.
Under the proposed rule, the regulatory capital deduction for goodwill would be equal to the maximum capital reduction that could occur as a result of a complete write-off of the goodwill, which is equal to the amount of goodwill reported on the balance sheet under generally accepted accounting principles (GAAP) less any associated deferred tax liability. The proposal is consistent with the treatment of other similar assets.
The NPR will be published in the Federal Register following approval by the Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, and Office of Thrift Supervision. The draft Federal Register notice is attached. Public comments are due 30 days following publication, which is expected soon.
Draft Federal Register notice (327 KB PDF)
Press Release
Release Date: September 14, 2008
For immediate release
The Federal Reserve Board on Sunday announced several initiatives to provide additional support to financial markets, including enhancements to its existing liquidity facilities.
"In close collaboration with the Treasury and the Securities and Exchange Commission, we have been in ongoing discussions with market participants, including through the weekend, to identify potential market vulnerabilities in the wake of an unwinding of a major financial institution and to consider appropriate official sector and private sector responses," said Federal Reserve Board Chairman Ben S. Bernanke. "The steps we are announcing today, along with significant commitments from the private sector, are intended to mitigate the potential risks and disruptions to markets."
"We have been and remain in close contact with other U.S. and international regulators, supervisory authorities, and central banks to monitor and share information on conditions in financial markets and firms around the world," Chairman Bernanke said.
The collateral eligible to be pledged at the Primary Dealer Credit Facility (PDCF) has been broadened to closely match the types of collateral that can be pledged in the tri-party repo systems of the two major clearing banks. Previously, PDCF collateral had been limited to investment-grade debt securities.
The collateral for the Term Securities Lending Facility (TSLF) also has been expanded; eligible collateral for Schedule 2 auctions will now include all investment-grade debt securities. Previously, only Treasury securities, agency securities, and AAA-rated mortgage-backed and asset-backed securities could be pledged.
These changes represent a significant broadening in the collateral accepted under both programs and should enhance the effectiveness of these facilities in supporting the liquidity of primary dealers and financial markets more generally.
Also, Schedule 2 TSLF auctions will be conducted each week; previously, Schedule 2 auctions had been conducted every two weeks. In addition, the amounts offered under Schedule 2 auctions will be increased to a total of $150 billion, from a total of $125 billion. Amounts offered in Schedule 1 auctions will remain at a total of $50 billion. Thus, the total amount offered in the TSLF program will rise to $200 billion from $175 billion.
The Board also adopted an interim final rule that provides a temporary exception to the limitations in section 23A of the Federal Reserve Act. It allows all insured depository institutions to provide liquidity to their affiliates for assets typically funded in the tri-party repo market. This exception expires on January 30, 2009, unless extended by the Board, and is subject to various conditions to promote safety and soundness.
Primary Dealer Credit Facility
Term Securities Lending Facility
Hot Market: Minneapolis Has Largest Jump in Years
by M. Anthony Carr - Fri, Sep 12, 2008
Minneapolis/St. Paul Realtors reported this month that pending sales have jumped in the City of Lakes by more than 28 percent. Across the board, the metropolis inventory of homes is slipping and sales moving up as prices have leveled and buyers come out of the woodwork.
Realtor/Blogger T.J. Larson of Edina Realty says the rebound has come about because of multiple reasons: "Part of this year's increase is due to legitimate increases in demand brought about by attractive prices, still-healthy mortgage rates and a 'last call' flurry of consumers utilizing FHA's seller-funded down payment assistance program before it is discontinued on October 1," he writes on his blog, "The other reason for the year-over-year surge is the Valley Fair-esque downward dive that activity took last year at this time amidst the initial media frenzy surrounding the now-infamous 'credit crunch.'"
The Monthly Indicators report from the Minneapolis Area Association of Realtors states: "To put this in perspective, there has not been a year-over-year increase in pending sales in 30 months and no increase this large in 41 months."
The median sales price for a home is now at $208,000, down about 10 percent year over year. Nevertheless, median prices have been on the rise month after month for all of 2008.
Emergency meeting on Lehman rescue resumes
By JEANNINE AVERSA, AP Economics Writer
WASHINGTON - With the global financial system holding its collective breath, the U.S. government scrambled to help devise a rescue for Lehman Brothers and restore confidence in Wall Street and the American financial structure.
Deliberations resumed Saturday as leading Wall Street executives and top U.S. financial officials tried to find a buyer or financing for the nation's No. 4 investment bank and to stop the crisis of confidence spreading to other U.S. banks, brokerages, insurance companies and thrifts.
An official from the Federal Reserve Bank of New York said participants include Treasury Secretary Henry Paulson, Timothy Geithner, president of the Federal Reserve Bank of New York, and Securities and Exchange Commission Chairman Christopher Cox. The New York Fed official asked not to be named due to the sensitivity of the talks.
Citigroup Inc.'s Vikram Pandit, JPMorgan Chase & Co.'s Jamie Dimon, Morgan Stanley's John Mack, Goldman Sachs Group Inc.'s Lloyd Blankfein, and Merrill Lynch & Co.'s John Thain were among the chief executives at the meeting.
Representatives for Lehman Brothers were not present during the discussions.
They were meeting on the heels of an emergency session convened Friday night by Geithner — the Fed's point person on financial crises.
Federal Reserve Chairman Ben Bernanke is actively engaged in the deliberations but wasn't in attendance.
Geithner convened the meeting Friday evening, and told bankers gathered at the New York Fed's imposing building in downtown Manhattan to come up with a solution or risk being the next to go under, said investment banking officials with direct knowledge of the talks.
They discussed the current financial crisis, and were asked to come back Saturday with solutions that did not involve any financial intervention by the government, the officials said. They spoke on condition of anonymity because the talks were ongoing.
Fed and Treasury officials are aiming for a private-sector rescue for the troubled firm. Options include selling Lehman outright or breaking it up into pieces to be sold to private firms. A sale could be helped along if major financial firms would join forces to inject new money into Lehman.
A spokesman for Lehman declined to comment about the meeting.
Potential buyers could include Bank of America Corp., Britain's Barclay's Plc, Japan's Nomura Securities, France's BNP Paribas and Deutsche Bank AG. All have declined to comment.
Participants in Saturday's meeting were also trying to tackle a broader agenda that includes problems at American International Group Inc. and Washington Mutual Inc., said the investment bank officials, who were briefed on the talks.
AIG, the world's largest insurer, and WaMu, the nation's biggest savings bank, have taken steep losses during the past year from risky investments. Investors, worried they do not have enough cash on their balance sheets to withstand further hits, unloaded their shares on Friday.
AIG's shares dropped about 31 percent on Friday. WaMu's shares shed about 3.5 percent. Shares of investment bank Merrill Lynch & Co. Inc. also lost 12.3 percent.
Lehman Brothers and AIG are the top priorities, said the investment banking officials. WaMu insisted Friday it has adequate capital to fund its operations even as it announced another multibillion dollar write-down on bad mortgage loans.
WaMu has 76 percent of its deposits insured by the Federal Deposit Insurance Corp., an independent agency created by Congress to insure deposits in banks and thrifts up to at least $100,000. AIG has lost more than $18 billion over the last three quarters due to investments tied to subprime mortgages.
Global fears intensified Saturday that Lehman's collapse would stagger markets and undercut confidence in the U.S. financial system.
U.S. regulators face growing pressure from abroad to find a way out ahead of Monday's reopening of Asian markets. Germany's Finance Minister Peer Steinbrueck urged that a resolution be found before then, warning ominously, "the news that is coming out of the U.S. is bad."
Lehman Brothers Holdings Inc. put itself on the block earlier this week. Bad bets on real-estate holdings — which have factored into bank failures and taken out other financial companies — have thrust the 158-year-old firm in peril. Its stock has been hammered and it has been dogged by growing doubts about whether other financial institutions would continue to do business with it.
Richard S. Fuld, Lehman's longtime CEO, had pitched to shareholders Wednesday that the firm would isolate its soured real estate holdings into a separately traded company. He would then raise cash by selling a majority stake in the company's unit that manages money for people and institutions. That division includes asset manager Neuberger Berman.
Government officials want to avoid a Bear Stearns-like bailout; the Fed in March agreed to provide a loan of nearly $29 billion as part of JPMorgan Chase & Co.'s takeover of the firm. Unlike Bear, Lehman can go directly to the Fed to draw emergency loans if it needs a quick source of ready cash. In recent weeks, though, there's been no indication that Lehman has done so.
Bear's sudden meltdown led the Fed to engage in its broadest use of lending powers since the 1930s. Fearful that other firms could be in jeopardy, the Fed temporarily opened its emergency lending program to investment firms, a privilege that for years was granted only to commercial banks, which are subject to tighter regulation.
Those actions — along with the Bush administration's take over of mortgage giants Fannie Mae and Freddie Mac just last week — have spurred concerns that taxpayers could be on the hook for billions of dollars and companies will be encouraged to take on extra risks because they believe the government will come to their aid.
Paulson and Bernanke, however, have said they needed to help Bear Stearns and Fannie Mae and Freddie Mac to avert a financial calamity that would devastate the national economy.
Lehman's Fuld is currently a member of the New York Fed's board of directors.
Associated Press Business Writer Joe Bel Bruno in New York contributed to this report.
Feds bailed out China, not the US
The Fannie-Freddie rescue will work out great for emerging markets abroad, but it's going to kill us here at home. You might find some relief by investing in a handful of recommended foreign stocks.
By Jim Jubak
The U.S. government's takeover of mortgage market makers Fannie Mae (FNM, news, msgs) and Freddie Mac (FRE, news, msgs) will lead to a rapid recovery in the real-estate market, a rebound in economic growth and a surge in lending by a newly confident banking sector.
Yep, the takeover and restructuring of the two U.S. mortgage giants is a great thing -- for China and for many other developing economies of the world.
The case for putting more of your portfolio to work outside the United States was very strong even before the Treasury announced its scheme. After the deal, I think it's imperative that investors with a time horizon of more than six months move money into overseas assets.
Not right away, though. We're still in a global bear market for stocks. But sometime within the next six months, I think investors will get an all-clear on overseas markets, especially in developing economies. After spelling out the logic of my worldview, I'll end this column with five stocks to add to the watch list (at bottom left on this page) that I started with my previous column.
Bad for us
How is the deal cobbled together by Treasury Secretary Henry Paulson, the former Goldman Sachs (GS, news, msgs) CEO, bad for U.S. stocks and bonds and for the U.S. economy? Let me count the ways:
- The deal adds $5 trillion in debt to an already stressed national balance sheet. That basically doubles the U.S. national debt and can't help but push the U.S. dollar lower and U.S. interest rates higher in the long term. The U.S. government is going to have to sell more Treasury bonds to cover its new debt.
- Taxpayers are on the hook for somewhere between $25 billion and $200 billion. That's money that will have to come from higher taxes or from more government debt.
- The need to sell more debt to fund this takeover will lead to higher interest rates in the Treasury market. (This is besides the rising tide of the annual federal debt. The Congressional Budget Office puts the deficit at $407 billion for fiscal 2008 and a record $438 billion for fiscal 2009.) Treasury yields are the benchmark for everything from mortgages to credit cards to corporate loans. Higher interest rates on Treasurys will push up mortgage and other interest rates.
- The combination of faster growth in the money supply -- as the government sells more bonds -- and a weaker dollar will add to forces pushing inflation higher in the United States.
- The decay in the financial fundamentals of the U.S. government could finally lead to the United States' loss of its triple-A debt rating. A downgrade would force the U.S. to pay higher interest on its debt.
- Higher interest rates will lead to lower economic growth. The Federal Reserve calculates the U.S. economy can grow at 2.5% or so before it risks setting off inflation. The extra debt burden from this takeover will make it hard for U.S. growth to hit even that relatively modest target.
- And, yes, after being asleep for years as the problem grew and grew, the Treasury may not have had any alternative if it wanted to prevent an immediate meltdown in the U.S. mortgage market and in the U.S. financial system in general. But if the Treasury is serious about starting to shrink the mortgage obligations of Fannie Mae and Freddie Mac starting in 2010, the price of an immediate fix could be a double-dip slowdown in the housing industry in 2010. Less mortgage money available from Fannie and Freddie in 2010 sure isn't going to help the housing industry sell houses.
Good for them
For China, on the other hand, the results of the takeover are almost uniformly positive:
- The rescue bails out the banks and central banks that had put too much money into mortgage paper backed by Fannie and Freddie. At the end of 2007, Chinese banks held $376 billion in what the financial markets call agency debt.
- Now the commercial banks in China -- and the Chinese government -- don't have to worry about problems at Fannie and Freddie turning into problems on their balance sheets. Chinese banks are free, therefore, to make more risky, ill-considered loans to domestic companies.
- The People's Bank of China can forget about the yuan appreciating too quickly, which would increase the cost of Chinese goods and cut into Chinese exports. Now the Chinese government can manage its exchange rate without worrying that buying more dollars to depress the price of the yuan would increase its exposure to something like a meltdown at Fannie or Freddie.
- The U.S. intervention into its financial markets clears the way for the Chinese to intervene as deeply as they want without any foreign criticism. Who can say the Beijing government shouldn't intervene to prop up Chinese real-estate prices after what the U.S. government just did? Chinese real estate has suffered an even worse fall than U.S. housing prices, with some cities showing a 70% drop from their peaks.
- Pro-growth advocates in China just got another boost. China's advocates of fiscal discipline and the need to fight inflation were probably fighting a losing battle anyway, since politicians everywhere are reluctant to risk the wrath of the unemployed just to cut a percentage point out of inflation. Recent actions and speeches out of Beijing indicate the government is gradually revving up the growth engine again. More-radical pro-growth officials have also advocated new policies that would prop up the prices of stocks and real estate. The huge U.S. intervention to prop up real-estate, bond and stock prices helps make their case.
Follow the new leader
- Where China goes these days, much of the developing world follows. Other Asian economies that were sacrificing some growth to lower inflation are likely to follow China's lead and more actively pursue growth. That includes India, where the Congress Party faces a tough election in 2009. The Fannie Mae and Freddie Mac takeovers free banks and central banks in these countries, too, because they all owned huge positions in agency debt at the end of 2007 -- $63 billion for South Korea and $55 billion for Taiwan, for example.
All this adds to what was a pretty convincing case to begin with for putting more money into overseas assets. Citigroup (C, news, msgs), for example, recently recommended that U.S. investors put 55% of their money in stocks into overseas stocks. That's a big jump from what was already a big allocation of 30% to overseas stocks. The average U.S. 401(k) has just 7% of its stock assets in overseas equities.
But Citigroup's recommendation does no more than track the percentage of global assets in overseas markets. Non-U.S. stocks now make up about 57% of the Dow Jones Wilshire Global Total Market Index ($DWG). So by moving to a 55% allocation, you're just about matching the current state of global equity markets.
There's more at stake here than some stock-strategy geek's desire to match a global index. Just as an investor will make more money by buying shares of a fast-growing company, in the long run an investor will make more money by buying into the stock markets of countries with faster-growing economies.
The mature economies of the developed world aren't simply growing slowly now because of a temporary economic slowdown. They're likely to grow more slowly over the next decade or more than the economies of countries such as China, India, Russia, Brazil, Vietnam and more. A U.S. investor can capture some of that growth by investing in U.S. companies that sell into those economies. But the biggest gains will come from direct participation in those developing stock markets themselves.
In the long run, these overseas markets aren't any riskier than the U.S. stock market. Over the past 10 years, the standard deviation, a measure of volatility, of the U.S. stock market is 15.4. For overseas markets, it's almost the same: 15.5.
But that's an average for all overseas markets over the long term. In the short term, investors know that some overseas markets, especially the stock markets in developing economies, can be a huge risk.
So far, 2008 hasn't exactly been a great year for U.S. stocks. As of Sept. 9, the Standard & Poor's 500 Index ($INX) was down 17% for the year. But that was great performance compared with the 27% decline in iShares MSCI Brazil (EWZ, news, msgs), the 31% loss for iShares Hong Kong (EWH, news, msgs), the 35% loss for iShares MSCI Korea (EWY, news, msgs) and the 39% loss for Market Vector Russia (RSX, news, msgs). Those are all exchange-traded funds that track the Morgan Stanley Capital International indexes for a particular country.
The old rule of thumb that I learned more than a decade ago seems to hold: Developing stock markets are about twice as volatile as the U.S. market.
Volatility cuts two ways, of course. These stock markets fall twice as fast on the downside and rise twice as fast on the upside. Stock markets in developing economies have big rebound potential after falls of 30% or more.
But just because these markets are down 30% or more doesn't mean they can't fall further. The U.S. stock market is still looking for a bottom, and so are the markets in China, Russia, Brazil and the rest of the developing world.
A question of timing
To time your buys in these markets, I'd look to both external and internal signals. The most important external signal would be a bottom in the U.S. market. It will be hard for the world's more volatile stock markets to move up while the U.S. market is still throwing a scare into investors on a regular basis. Internally, I'd look for signs that growth in China's economy has started to accelerate.
One indicator to look at is Chinese auto sales. Preliminary data showed car sales down 10% in August from the same month in 2007. A turnaround in that decline would show the economy is reaccelerating and would ripple out through other major sectors, such as steel, now showing slowing demand. I'd also look at copper prices. Copper demand is a good indicator of construction activity. Copper prices have fallen in early September to match January 2008 lows, and the metal is selling at 20% below its summer high.
But demand from China may be picking up. Copper futures -- contracts for copper to be delivered in three months -- recently moved to a premium in the Shanghai market over futures prices in the London market. That's the first time since January that Shanghai futures have traded at a premium.
What should you buy once you think you've heard the all-clear? I'd break down my potential purchases this way:
- Stocks of domestic Chinese companies that should see the direct effects of any government efforts to stimulate growth. Two that I'm going to add to my watch list (on the left side of this page) are China Medical Technologies (CMED, news, msgs) and SunTech Power (STP, news, msgs).
- Stocks of domestic Brazilian companies in order to reap the benefits of accelerating growth in that country and continued improvement in Brazil's creditworthiness. (Brazil's credit rating going up as the credit rating of the U.S. is under pressure? Who would have thunk it?) Two that I'm going to add to my watch list are Jubak's Picks Petrobras (PBR, news, msgs) and Banco Itaú Holding Financeira (ITU, news, msgs).
- Stocks of suppliers to developing markets. For example, any recovery in the Chinese steel industry will be a huge shot in the arm for Australian iron mining companies such as current Jubak's Pick Fortescue Metals Group (FSUMF, news, msgs).
With this column, I'm adding these five stocks to my watch list. In the case of the two that are already part of Jubak's Picks portfolio -- Petrobras and Fortescue -- I'd maintain current positions and look to add to them when my external and internal indicators turn up. You'll also find updates on the current condition of these two stocks below.
Developments on past columns
"Make money off China's nightmare": When shares of Fortescue were closing in on $12 back in June, I found myself lamenting that I hadn't bought more of the iron mining newcomer when it was cheaper. Now that it is cheap -- $5.15 a share on Sept. 11 -- I've found it hard to pull the trigger and buy more.
That's just another illustration of an investing adage: Stocks are the only thing people want to buy more of when the price goes up and less of when the price goes down. Let's try to get past that, though, with a closer look at why the stock is down and at the fundamentals of its prospects.
Big-picture worries have weighed on the shares. The stock is down because steel production in China is down (on falling auto sales, among other problems). The fear is that less steel production will cut demand for iron ore, which would lead to a fall in iron ore prices.
The shares are also down on the slowdown in the Australian economy as a whole, which has led to a retreat in Australian share prices. The iShares MSCI Australia (EWA, news, msgs) exchange-traded fund fell 18% between July 14 and Sept. 11.
And finally, the shares have been hit by a rising U.S. dollar and a falling Australian dollar. The Australian currency has been hitting new one-year lows almost daily, and each decline takes a bite out of the value of Australian shares when the price is translated into U.S. dollars.
Fortescue faces company-specific fears, too. As a startup, it needs capital to expand, and capital is hard to get these days. The company's existing senior secured debt contains restrictive language that makes raising additional debt very difficult.
These fears are based on reality, but I think they're overblown. For example, while Chinese steel production has tumbled, Chinese demand for iron ore remains strong, and iron ore prices, rather than retreating, look likely to rise an additional 15% to 20% in the coming year. In fact, Fortescue has been able to sell future production to five Chinese steel mills for a $275 million prepayment spread over the next few months (which also helps with the company's capital problem).
The Australian economy is dependent on commodity exports, so if you think China is starting to rev up growth, then Australia's economic problems are likely to be relatively short-lived.
Fortescue also has addressed its capital problem by raising about $120 million in a sale of preference shares to a private investor. That capital didn't come cheap -- the shares, which are senior to existing common shares, carry a 9% dividend -- but the sale does demonstrate that Fortescue can raise the capital it needs to expand.
After looking at the way that all these problems and solutions play out, I'm keeping this stock in Jubak's Picks. I can't tell you where the bottom might be in these shares, any more than I can call the bottom in the stock market as a whole, but at current prices I think I'm certainly much closer to a buy than a sell.
As of Sept. 12, I'm cutting my target price for Fortescue to $9 a share by July 2009 from my prior target of $15 by October 2008. (Full disclosure: I own shares of Fortescue in my personal portfolio.)
"A safe money bet? Think Canada": In mid-July I wrote: "Shares of Thompson Creek Metals (TC, news, msgs) haven't been exactly safe lately, I'll admit. The stock is down 31% as of July 7 from its 2008 high of $24.45 on May 19."
Well, things have just gotten worse since then. As of the close on Sept. 10, the stock was down 49% from its May high.
What's going on? Some of the plunge is due to the general sell-off in all things commodity on fears of a slowdown in the global economy. But some of the damage is company-specific. The company issued 10 million additional shares in May to raise capital. More capital for expanding production is a good thing in the long run, but in the short term the new offer diluted existing shares by about 9% (that is, existing shareholders have a 9% smaller claim on the company's future earnings than they did before the sale of new shares).
The company missed Wall Street earnings projections in both the first and second quarters of 2008. But while I expect that the macroeconomic and financial market big pictures will make it hard for Thompson Creek shares to bounce back quickly, it sure looks to me like the company-specific problems dogging the stock are over.
In the first quarter, the company saw production costs climb as it hit a patch of lower-grade molybdenum ores (lower-grade ores require the same amount of work but yield less metal). In the second quarter, Thompson Creek saw inventory build and sales lag because of maintenance shutdowns at two of its roasters for processing ore. But production volumes at the mine have since picked up, and the company looks like it has worked its way past the lower-grade ores.
Cash costs are now falling, even with higher fuel prices, as the company mines higher-grade ores. Molybdenum prices are holding steady at $33 to $34 a pound, and the company is seeing an increase in customers asking about buying for immediate delivery at prices above $34 a pound, according to Deutsche Bank. The company also recently used some of its cash to buy an option on a molybdenum project in Colorado.
The company continues to project production of 23 million to 24.5 million pounds of molybdenum for 2008 and of 34 million pounds in 2009. Molybdenum prices will likely climb to $35 a pound in 2009 from $33.50 a pound this year, according to RBC Capital Markets.
I don't see any reason to radically change my target price based on anything going on at the company, but I am going to stretch it out because of overall market worries about commodity demand.
As of Sept. 12, I'm keeping my target price at $29 a share but stretching out my schedule to September 2009 from December 2008. (Full disclosure: I own shares of Thompson Creek Metals in my personal portfolio.)
"To mix oil and profits, think small": I still think Petrobras will dodge a political bullet in Brazil, but it's certainly not a sure thing, and escalating political rhetoric between President Luiz Inácio Lula da Silva and opposition parties is justifiably making Petrobras shareholders nervous.
Here's the issue: Da Silva has declared that Brazil needs to own the oil that will someday flow from the big new reserves discovered by Petrobras in the South Atlantic.
You'd think that having the reserves owned by Petrobras would meet that bill, since the government retains majority voting control of the company even though private investors, most of them overseas, hold about 60% of the company's total capital in the form of nonvoting shares. But that's not what the president has in mind.
Da Silva has proposed creating a 100%-state-owned oil company that would claim these new oil reserves. Petrobras would be allowed to participate in developing the oil it discovered only by selling drilling services and the like to the new company.
The president's opponents have accused him of backing the plan as a way to improve his party's chance of winning the 2010 election (he can't run again), and they're fighting the proposal.
What I think will ultimately either kill the plan or result in a major modification that gives Petrobras significant ownership of the oil it has discovered isn't political opposition but financial market reality.
Petrobras estimates that it will take at least $112 billion to develop the new fields, but the estimate is likely to go up when the company releases a new strategic plan later this month. Petrobras can fund much of that investment out of its own revenue, and it can easily raise the rest in international capital markets. A state-owned oil company would have a much harder time finding that capital because it wouldn't be able to tap global financial markets.
One potential compromise would be to set up a national oil company modeled on Norway's Petoro, which would charge higher fees to companies, including Petrobras, for access to the reserves but which would still give these companies ownership of the oil they pump.
All this politicking makes Petrobras a very high risk and a very high volatility stock right now. Make sure the risk in these shares matches the amount of risk that you'd like in your portfolio.
Meet Jim Jubak at The Money Show
MSN Money's Jim Jubak will be among more than 50 investing experts gathered in the nation's capital Nov. 6-8 for the fourth annual Money Show Washington, D.C. Just days after the election, this elite group will present more than 170 free workshops to help you prepare for changes in the political landscape. Admission is free for MSN Money users. To register, call 1-800-970-4355 and mention priority code 009554, or visit the Money Show Washington, D.C., Web site.
Editor's note: Jim Jubak, the Web's most-read investing writer, posts a new Jubak's Journal every Tuesday and Friday. Please note that recommendations in Jubak's Picks are for a 12- to 18-month time horizon. For suggestions on helping navigate the treacherous interest-rate environment, see Jubak's portfolio of Dividend Stocks for Income Investors. For picks with a truly long-term perspective, see Jubak's 50 Best Stocks in the World or Future Fantastic 50 Portfolio. E-mail Jubak at jjmail@microsoft.com.
At the time of publication, Jim Jubak owned or controlled shares in the following companies mentioned in this column: China Medical Technologies, Fortescue Metals Group, Petrobras and Thompson Creek Metals. He did not own short positions in any company mentioned.
Mortgage Rates Drop Below 6%
For the first time since early spring, mortgage rates have fallen below the 6-percent threshold.
Freddie Mac reports that 30-year fixed loans came in at an average of 5.93 percent this week, down from 6.35 percent a week ago and 6.31 percent at the same time last year.
A borrower taking out a $200,000 mortgage at 5.93 percent would pay $1,190 for monthly principal and interest payments, which is $54 less than the payments on last week's rate.
"Consumers see a five in front of mortgages, and they get excited," says Keith Gumbinger, a vice president at research firm HSH Associates.
Source: The Washington Post, Dina ElBoghdady (09/12/08)
Tech Centers Top List of Best-Performing Cities
Cities with vibrant technology centers have claimed the top spots in the Milken Institute/Greenstreet Real Estate Partners 2008 Best-Performing Cities Index.
"This year's rankings demonstrate that entrepreneurs continue to be the economic engine of choice for job growth, even in the face of national and global economic challenges," says Ross DeVol, author of the report and director of Regional Economics at the Milken Institute. "We've seen energy, housing and even catastrophic events such as Hurricane Katrina impact a specific year, but consistently, those metros dedicated to growing their technology base and human capital beat the short-term shifts in the economy."
The index ranks U.S. metros based on their ability to create and sustain jobs. It includes both long-term (five years) and short-term (one year) measurements of employment and salary growth. There are also four measurements of technology output growth, which are included because of technology's crucial role in regional economic growth.
The 2008 top 10 performers among the 200 largest metros:
- Provo-Orem, Utah
- Raleigh-Cary, N.C.
- Salt Lake City, Utah
- Austin-Round Rock, Texas
- Huntsville, Ala.
- Wilmington, N.C.
- McAllen-Edinburg-Mission, Texas
- Tacoma, Wash.
- Olympia, Wash.
- Charleston-North Charleston, S.C.
Source: Milken Institute (09/10/08)
Report: Getting a Loan Tough in 2007
Mortgage lending fell sharply in 2007 because lenders denied nearly one-third of loan applications, according to a report by the Federal Reserve.
Minorities were most affected. The number of mortgage loans made to Hispanic borrowers fell 49 percent and the number to African-American borrowers declined 35 percent between the first half of 2006 and the second half of 2007. The number of loans to white borrowers also declined by 22 percent during the same time period.
Black and Hispanic borrowers were more likely to receive high-rate loans. In the second half of 2007, 29.5 percent of first-lien home-purchase loans to African-Americans and 24.3 percent of such loans made to Hispanics exceeded the high-rate threshold, compared with 9.2 percent for non-Hispanic whites. (The figures exclude government-backed loans.)
The following are the main reasons given for loan denials in 2007, according to Fed researchers. (The analysis excludes investment properties and home-equity loans. The percentages add up to more than 100 percent.)
- Credit history, 30.25 percent
- Not enough collateral, 23.4 percent
- Other, 23.3 percent
- Debt-to-income ratio, 20.7 percent
- Credit application incomplete, 14.2 percent
- Unverifiable information, 8.4 percent
- Insufficient cash, 3.8 percent
- Employment history, 2 percent
- Mortgage insurance denied, 0.2 percent
Source: The Wall Street Journal, Ruth Simon and Tom McGinty (09/12/08)
Renting Out a Second Home Offsets Costs
Renting out a second home can be a source of income in a tight economy, but the competition is increasing, says Christine Karpinski, author of How to Rent Vacation Properties by Owner.
Management companies charge between 30 percent and 40 percent, but many renters have success advertising on VRBO.com or Homeaway.com and handing the details themselves, according to Karpinski.
Owners say they don’t make a ton of money renting out their second home, but breaking even is a realistic goal.
In this economy, you may have the greatest chance of success if the home is located less than two hours from a city, Karpinski says.
Source: Star-Tribune, John Ewoldt (09/09/08)
Auctions Help Condo Sales Get on Track
Condo developers are turning to auctions to unload properties that won’t sell otherwise.
Jon Gollinger, co-founder of Accelerated Marketing Partners, a consulting firm that handles real estate auctions of high-end properties, says developers are grappling with how to establish prices in this declining, turbulent market.
"Why try to catch a falling knife? Let it hit the ground. That's what an auction does," he says.
"In today's market, selling the traditional way by cutting prices till you get traction is almost counterproductive," adds Charles Barrus, development director for Wood Partners, an Orlando-based developer. "An auction is transparent, and if you can live with that pricing, we found there is a big tailwind after the auction."
Greg Wohl, principal of The InVision Group LLC in Atlanta, agrees. After the credit crunch left his 147-unit project with dozens of unsold units, he held an auction in June. With careful marketing to emphasize that it wasn't a foreclosure or bankruptcy fire sale, Wohl sold 27 condos on auction and generated strong publicity.
Thanks to increased traffic in the building, he was able to sell most of the remaining condos in the weeks following the auction.
"When no one is buying anything," Wohl says, "18 post auction sales in two months is pretty darn good."
Source: The Wall Street Journal, Jonathan Karp (09/10/08)
Hurricane Shutters Pricey but Effective
Hurricane shutters come in a variety of designs and costs, but having a set can make a home much safer and more appealing to those who are considering a purchase.
Here are some estimates from Bruce Cournover, president of All Florida Hurricane Inc. in Miami, for installation in a 2,400-square-foot, three-bedroom house.
- Aluminum panels with pre-mounted tracks: $3,500 to $5,000;
- Accordion shutters: $5,000 to $ 7,500
- Roll-ups: $15,000 to $25,000.
Hurricane barriers that double as security barriers cost more – an estimated $25 to $60 a square foot.
Many products take several weeks to be installed, depending on the design and the requirements for obtaining permits in the local jurisdiction, Cournover says.
Source: The Miami Herald, Patti Roth (09/07/08)
Vice Chairman Donald L. Kohn
At the Brookings Panel on Economic Activity, Washington, D.C.
September 11, 2008
Comments on “Financial Regulation in a System Context,” “Beyond Leveraged Losses: The Balance Sheet Effects of the Home Price Downturn,” and “The Central Role of House Prices in the Financial Crisis: How Will the Market Clear?”
I appreciate the opportunity to comment on these three papers.1 They illuminate the sources and effects of the current financial market turmoil, and I learned a considerable amount from reading them and thinking about their implications. Instead of providing detailed comments on each paper, I'd like to draw out the relationships among them and, in the process, comment a little on the papers and their implications. To foreshadow: I will be highlighting the role of leverage--in the household sector and in financial intermediaries--as a critical factor in understanding the buildup of excesses and their unwinding.
At the beginning of the chain of causation is the housing cycle in the United States. Chip Case points out the difference between this housing cycle and others over past decades and asks why the difference developed. One culprit he identifies is changes in the financial system that affected the way that mortgage credit is made available to borrowers. A key element of these changes, and one that accounts for a good part of the subsequent effects of the financial system and the economy, is the rise in leverage in housing finance. As Case notes, for several years, mortgage indebtedness rose substantially relative to the value of owner-occupied housing. The willingness of lenders to tolerate--or, in some cases, encourage--huge increases in loan-to-value ratios added to the demand for housing, especially by people who normally might not have had the savings to enter the market, and contributed to the rise in home prices.
One reason for the loosening of standards was the expectation that house prices would continue to rise--and even more certainly that they could not fall in all regions at the same time, supporting diversification through securitization. Rising prices would enable lenders to recoup their funds even if the borrower was unable to service the loan, mostly because the borrower would be able to obtain extra cash through refinancing. Expectations of house price appreciation facilitated and interacted with the increasing complexity of mortgage securities, including multiple securitizations of the same loan, which made it virtually impossible for ultimate lenders to monitor the creditworthiness of borrowers--a task they, in effect, had outsourced to credit rating agencies. The absence of investor caution and due diligence was especially noticeable for the highest-rated tranches of securitized debt.
Elevated leverage in housing markets has meant that as prices have fallen, lenders have had to absorb an unusually high proportion of the losses. As Case points out, foreclosures by lenders have added to the downward pressure on those prices. Conceptually, such price declines moving down the demand curve for housing services could accelerate and cushion the adjustment in activity necessitated by previous overbuilding. I am encouraged that Case finds the pace of declines abating in a number of markets. However, partly owing to the feedback of price declines on lenders, mortgage conditions have tightened some since the late spring readings he is using for his conclusion, and in my view, the jury is still out on whether housing prices are close to finding a bottom.
The heavy involvement of financial intermediaries in amplifying the housing boom and the subsequent economic effects of the bust brings me to the Morris and Shin paper, which raises a host of important issues related to the systemic aspects of financial intermediation and the lessons from the recent turmoil. As they emphasize, one of the important lessons has been the greater-than-expected vulnerability of secured financing when intermediaries are engaged in maturity, credit, and liquidity transformation. Recall that the turmoil first came onto the balance sheets of the banks through the collapse of the asset-backed commercial paper market last fall before it affected the funding of investment banks through the triparty repurchase agreement market. The new vulnerability results importantly from the extension of secured short-term financing to increasingly illiquid and riskier long-term assets. As uncertainty about the liquidity and creditworthiness of those assets--especially related to mortgage-backed securities--was called into question, lenders became more concerned about the possibility that they might end up owning the underlying assets, and they raised haircuts or simply refused to roll over loans.
Clearly, as Morris and Shin point out, what we have learned about various risks implies the need for intermediaries to build greater liquidity and capital buffers in good times, as well as to improve their abilities to manage their risks. And those larger buffers would help to offset the moral hazard that may have been created through the expansion of our liquidity facilities. Getting the micro-prudential piece right--having each institution adequately protected--would go a long way toward making the whole system more robust and resilient.
But Morris and Shin would go further; they would impose additional requirements on institutions to take account of the externalities for the system created when common shocks impair markets and credit availability by provoking widespread actions to preserve shareholder value. They would do this through a higher liquidity requirement and through the imposition of a leverage ratio on investment banks, which is already in place for commercial banks.
I agree with the authors, and with Chairman Bernanke, that we need to consider the level of buffers that is appropriate to ameliorate systemic risk. That said, a host of difficult judgments are inherent in how we establish such a system, and I'll raise just a few on a very general level. One set concerns the size of the buffers. How far into the tail should intermediaries be required to insure themselves? Shouldn't the Federal Reserve take some of the liquidity tail risk to facilitate intermediation of illiquid credits, as was intended at our founding? Moreover, the larger the regulatory tax, the more likely it is that activity will migrate to unregulated sectors in an environment of fluid and free capital movements. How can we gain better assurance of systemic stability when we are unlikely to be able to continuously extend the reach of regulation, and will it be sufficient to deepen the moats around the core institutions? In this regard, the leverage ratio gives incentives to move some activities away from regulated institutions.
A second question is, How we can structure these requirements and other aspects of regulation to damp, rather than reinforce, the natural procyclical tendencies of the financial system? Among the challenges will be encouraging firms and supervisors to comfortably allow buffers to be eroded in bad times. Interestingly, prompt corrective action under the Federal Deposit Insurance Corporation Improvement Act of 1991 was intended, in part, to induce an element of countercyclical behavior by banks. It gives banks an incentive to build excess capital--on both a risk-based and leverage ratio basis--in good times to avoid prompt corrective action when circumstances are less favorable. Now that we are in the latter state of the world, a study of how commercial banks are viewing capital ratios, including the leverage ratio, could inform consideration of the Morris and Shin proposal.
The Morris and Shin paper also provides a framework for thinking about the Federal Reserve's credit facilities. On page 9, they note that liquidity makes borrowers feel more robust and lenders less likely to withdraw, raising the odds for a more stable equilibrium for the entire system. That is exactly what we have been trying to do with our various discount lending facilities. The assurance of the availability of liquidity to sound institutions against good collateral should counter the greater uncertainty and risk aversion that have impaired normal arbitrage and intermediary functions by making those institutions more willing to extend credit and take positions in the process of making markets. It should also assure other creditors of those institutions that illiquid markets will not impede the repayment of their loans, and therefore make them more willing to keep lending. A number of markets remain disrupted and illiquid. But I believe that they would have been even more illiquid and the risk of disruptive runs even greater without our various facilities; that's certainly what market participants are telling us.
Jan Hatzius is trying to gauge the combined effects on spending of the losses generated by the effects of the decline in housing prices outlined in the Case paper and the impulse for deleveraging in the financial sector inherent in the processes discussed by Morris and Shin. To restore capital ratios depleted by mortgage losses and to raise those ratios even further in order to reduce leverage to safer levels demanded by counterparties, banks and other lenders need to reduce assets. They do so by tightening terms and standards across a broad array of credit--and we have seen this behavior reflected in our surveys of bank lending officers and in various spreads and other measures of risk perceptions, risk aversion, and reduced supply of credit at benchmark interest rates. In the current circumstances, some of the tightening we have seen has been in anticipation of possible adverse events in the economy and in confidence toward the financial sector. These types of actions not only move up the demand-for-credit curve, but they also bolster profits going forward to cover potential write-offs and to attract new equity capital. Pressures on profits arise not only from write-offs, but also because some sources of earnings, like securitization of mortgages or leveraged loans, are no longer available.
In the steady state, lenders will get greater returns for taking risk than they did two years ago, intermediaries will be less leveraged and better capitalized, and the financial system will be more robust and resilient to shocks. The transition to the new steady state, however, as lenders deleverage and protect themselves against various downside risks, involves some overshooting--making terms and standards tighter than will be necessary over the long run.
This story is completely consistent with the one told in the Hatzius paper, which relies mostly on quantity relationships to gauge the possible effects on gross domestic product (GDP). My instinct has been to go from the actual and expected indicators of tightening supply, such as the instrumental variables used in the paper, directly to estimates of the effects of that supply shift on GDP. Measures of flows would fall out of that exercise, but not be its focus. And I have questions about the stability and reliability of the debt-GDP relationship used in the forecasts at the end of the paper. But I will admit that we are in uncharted waters here, and the navigators shouldn't discard any potential information about the location of the shoals.
The message of the paper is that restraint on credit supplies is likely to persist because intermediaries have some way to go to rebuild their balance sheets. The process of adjustment to a safer, more resilient financial system is going to take a while. I agree with this observation.
Footnotes
1. The views I express are my own and not necessarily those of other members of the Board of Governors. The three papers discussed and their authors are as follows: (1) "Financial Regulation in a System Context," by Stephen Morris and Hyun Song Shin, professors of economics at Princeton University; (2) "Beyond Leveraged Losses: The Balance Sheet Effects of the Home Price Downturn," by Jan Hatzius, chief U.S. economist at Goldman Sachs; and (3) "The Central Role of House Prices in the Financial Crisis: How Will the Market Clear?" by Karl Case, professor of economics at Wellesley College. Information about the 2008 Fall Conference on the Brookings Papers on Economic Activity is available at the Brookings website . Return to text
Return to top
Mortgage rates are plunging, if you qualify
Would-be borrowers who have been flooding lenders with phone calls find that standards have changed.
The government takeover of Fannie Mae and Freddie Mac has sent mortgage rates tumbling, prompting homeowners and would-be buyers to flood loan offices with phone calls.
But there's a catch: Although the lower interest rates make it easier to get a mortgage, many lenders this week also raised the minimum down payment they'll allow on a loan -- making it impossible for some people to qualify for a mortgage.
And the decline in rates doesn't apply to you if you're borrowing more than $730,000.
But for the traditional 30-year fixed-rate mortgages that Fannie Mae and Freddie Mac acquire from lenders, interest rates have fallen to about 6% this week after hovering above 6.5% most of the summer, said data tracker HSH Associates.
As a result, many people with pending loan applications who were waiting to lock in their rates have decided to take the plunge this week.
MORTGAGE RATES PLUNGE IN FREDDIE MAC WEEKLY SURVEY
McLean, VA – Freddie Mac (NYSE:FRE) today released the results of its Primary Mortgage Market Survey® (PMMS®) in which the 30-year fixed-rate mortgage (FRM) averaged 5.93 percent with an average 0.7 point for the week ending September 11, 2008, down from last week when it averaged 6.35 percent. Last year at this time, the 30-year FRM averaged 6.31 percent.
The 15-year FRM this week averaged 5.54 percent with an average 0.7 point, down from last week when it averaged 5.90 percent. A year ago at this time, the 15-year FRM averaged 5.97 percent.
Five-year Treasury-indexed hybrid adjustable-rate mortgages (ARMs) averaged 5.87 percent this week, with an average 0.7 point, down from last week when it averaged 5.97 percent. A year ago, the 5-year ARM averaged 6.17 percent.
One-year Treasury-indexed ARMs averaged 5.21 percent this week with an average 0.6 point, up from last week when it averaged 5.15 percent. At this time last year, the 1-year ARM averaged 5.66 percent.
(Average commitment rates should be reported along with average fees and points to reflect the total cost of obtaining the mortgage.)
"Interest rates for 30-year fixed-rate mortgages are down almost 0.6 percentage points over the past 4 weeks, which will help to spur home purchases and loan refinancing in coming weeks," said Frank Nothaft, Freddie Mac vice president and chief economist. "This means that the monthly principal and interest payment on a new $200,000 loan is over $76 lower than a month ago.
"Lower rates have occurred at an opportune time, as the July pending sales data from the National Association of Realtors were off 3.2 percent from June. The Mortgage Bankers Association reported that refinance applications are up 18 percent over the past 3 weeks through September 5th, indicating that refinance activity has already begun to pick up."
Freddie Mac is a stockholder-owned corporation established by Congress in 1970 to provide liquidity, stability and affordability to the nation's residential mortgage markets. Freddie Mac raises capital on Wall Street and throughout the world's capital markets to finance mortgages for families across America. Over the years, Freddie Mac has made home possible for one in six homebuyers and more than five million renters.
SUMMARY OF SURVEY RESULTS
| Fixed-Rate Mortgages |
| |
Average Conventional 30-Year Commitment Rate |
Fees & Points |
Average Conventional 15-Year Commitment Rate |
Fees & Points |
| US |
5.93 |
0.7 |
5.54 |
0.7 |
| Northeast |
5.94 |
0.7 |
5.51 |
0.7 |
| Southeast |
5.96 |
0.7 |
5.63 |
0.7 |
| N. Central |
5.94 |
0.6 |
5.53 |
0.7 |
| Southwest |
6.00 |
0.6 |
5.59 |
0.5 |
| West |
5.90 |
0.8 |
5.51 |
0.8 |
| Five/One-Year Adjustable-Rate Mortgages |
| |
First Commitment Rate |
Fees & Points |
Margin |
| US |
5.87 |
0.7 |
2.73 |
| Northeast |
5.68 |
0.8 |
2.73 |
| Southeast |
5.91 |
0.8 |
2.75 |
| N. Central |
6.12 |
0.6 |
2.74 |
| Southwest |
6.13 |
0.6 |
2.76 |
| West |
5.81 |
0.7 |
2.72 |
| One-Year Adjustable-Rate Mortgages |
| |
First Commitment Rate |
Fees & Points |
Margin |
| US |
5.21 |
0.6 |
2.73 |
| Northeast |
4.73 |
0.6 |
2.71 |
| Southeast |
5.40 |
0.6 |
2.75 |
| N. Central |
5.63 |
1.0 |
2.75 |
| Southwest |
5.58 |
0.5 |
2.81 |
| West |
5.15 |
0.6 |
2.71 |
Freddie Mac defines its regions as follows:
Northeast: NY, NJ, PA, DE, MD, DC, VA, WV, ME, NH, VT, MA, RI, CT
Southeast: NC, SC, TN, KY, GA, AL, FL, PR, VI, MS
North Central: OH, IN, IL, MI, WI, MN, IA, ND, SD
Southwest: TX, LA, NM, OK, AR, MO, KS, CO, NE, WY
West: CA, AZ, NV, OR, WA, UT, ID, MT, HI, AK, GU
Freddie Mac's Primary Mortgage Market Survey (PMMS) is for informational purposes only and Freddie Mac is not responsible for business decisions made based on the reported results of the PMMS. Freddie Mac may change the methodology used to conduct the PMMS survey at any time and without notice.
DEFINITIONS
Commitment Rate is the interest rate a lender would charge to lend mortgage money to a qualified borrower exclusive of the fees and points required by the lender. This commitment rate applies only to conventional financing on conforming mortgages with loan-to-value rates of 80 percent or less.
ARM Index - is the One-year Treasury
Loan to Value Ratio (LTV) is the ratio of the loan amount of a mortgage loan to the lower of the appraisal value or purchase price of the property securing the loan.
Origination Fees and Discount Points are the total charged by the lender at settlement. One point equals one percent of the loan amount.
Margin is a fixed amount added to the underlying index to establish the fully indexed rate for an ARM.
Weighted Averages for the Primary Mortgage Market Survey have been adjusted as of October 18, 2007. The new weights use the dollar volume of conventional mortgage originations within the 1-unit Freddie Mac loan limit as reported under Home Mortgage Disclosure Act (HMDA) for 2006. The weights are listed in the table below.
| Freddie Mac Region |
PMMS Weights |
| Northeast |
23.9 |
| Southeast |
20.4 |
| North Central |
14.3 |
| Southwest |
11.0 |
| West |
30.3 |
PRIMARY MORTGAGE MARKET SURVEY RESULTS
September 11, 2008
| 30-Year Fixed Rate Mortgages |
| |
US |
NE |
SE |
NC |
SW |
W |
| Average |
5.93 |
5.94 |
5.96 |
5.94 |
6.00 |
5.90 |
| Fees & Points |
0.7 |
0.7 |
0.7 |
0.6 |
0.6 |
0.8 |
| 15-Year Fixed Rate Mortgages |
| |
US |
NE |
SE |
NC |
SW |
W |
| Average |
5.54 |
5.51 |
5.63 |
5.53 |
5.59 |
5.51 |
| Fees & Points |
0.7 |
0.7 |
0.7 |
0.7 |
0.5 |
0.8 |
| 5/1-Year Adjustable Rate Mortgages |
| |
US |
NE |
SE |
NC |
SW |
W |
| Average |
5.87 |
5.68 |
5.91 |
6.12 |
6.13 |
5.81 |
| Fees & Points |
0.7 |
0.8 |
0.8 |
0.6 |
0.6 |
0.7 |
| 1-Year Adjustable Rate Mortgages |
| |
US |
NE |
SE |
NC |
SW |
W |
| Average |
5.21 |
4.73 |
5.40 |
5.63 |
5.58 |
5.15 |
| Fees & Points |
0.6 |
0.6 |
0.6 |
1.0 |
0.5 |
0.6 |
| The National Mortgage Rate Snapshot |
| |
One Year Ago |
One Week Ago |
| |
30-YR |
15-YR |
5/1-YR |
1-YR ARM |
30-YR |
15-YR |
5/1-YR |
1-YR ARM |
| Average |
6.31 |
5.97 |
6.17 |
5.66 |
6.35 |
5.90 |
5.97 |
5.15 |
| Fees & Points |
0.5 |
0.4 |
0.6 |
0.8 |
0.7 |
0.6 |
0.6 |
0.6 |
 |
|
 |
Treasury and FHFA Actions Regarding Fannie Mae
Director James Lockhart of the Federal Housing Finance Agency (FHFA) has appointed FHFA as conservator of Fannie Mae. FHFA also appointed a new president and chief executive officer for the company, Herbert M. Allison, Jr. In addition, the U.S. Department of the Treasury has agreed to provide capital as needed to ensure the company continues to provide liquidity to the housing and mortgage markets.
See the statements of September 7, 2008, by the U.S. Treasury Department and FHFA.
|
Originally Published: September 11, 2008
|
Mortgage Rates Drop--At Least for Some
In the days since the government assumed control of Fannie Mae and Freddie Mac, the 30-year fixed mortgage rate has dropped to about 6 percent, says HSH Associates.
While many borrowers are rushing to lock in the new rates, experts point out that only those borrowing less than $729,750--the new conforming loan limit--will qualify for the lower rates.
Moreover, with lenders implementing rules slated to take effect at Fannie Mae in 2009 that mandate 15-percent down payments, more borrowers will face a cash hurdle to secure financing.
Source: Los Angeles Times, Scott Reckard (09/11/08)
Cities Want New Homes to be 'Visitable'
Nearly 60 U.S. states and cities have passed initiatives – some mandatory, but most voluntary – that ask builders to include three features in new homes that are important to older adults and the disabled:
An entrance that requires no steps
A bathroom on the ground floor
Wider doorways
The AARP has been studying this issue and this week issued a report on what the building industry calls visitability, a term that the association says is widely used in Europe to describe easy accessibility to homes.
Here’s how some communities are handling the matter:
Austin: Builders that adopt requirements dubbed S.M.A.R.T. Housing — (Safe, Mixed-income, Accessible, Reasonably-priced, Transit-oriented) — receive fee waivers, fast-track review and other benefits.
Pima County, Ariz.: Enacted an ordinance that applies to all new homes requiring wide doors, lever door handles, reinforced walls in bathrooms for grab bars and electrical controls that can be reached by people in a wheelchair.
Bolingbrook, Ill.: Mandates 36-inch-wide doors and hallways, a bathroom on the first floor, an entry with no steps, light switches, outlets at wheelchair level and reinforced walls in the bathroom to support a grab bar.
Source: USA Today, Hava El Nasser (09/10/2008)
Waterfront Markets: The 10 Most Pricey
As Mark Twain might have said, “Buy [waterfront] land; they’re not making any more of it.”
Waterfront properties top Forbes’ list of expensive places to live.
Using Coldwell Banker’s annual Housing Price Comparison Index, Forbes identified the most expensive waterfront neighborhoods. Whether it’s lakeside property in the northern states or riverfront in the Midwest, expect a markup.
Here are the 10 most expensive waterfront markets:
La Jolla, Calif., median price: $1.85 million
Santa Monica, Calif., $1.65 million
Santa Barbara, Calif., $1.6 million
Newport Beach, Calif., $1.54 million
San Francisco, $1.51 million
Boston, $1.5 million
Palos Verdes, Calif., $1.3 million
Kihei, Maui, Hawaii, $934,950
Key West, Fla., $818,239
Bellevue, Wash., $814,483
Source: Forbes, Matt Woolsey (09/09/2008)
Habitat Founder: Get Back to the Basics
The founder of Habitat for Humanity Millard Fuller blames the mortgage crisis on people who spend more than they can afford.
"What we have got to do is get back to the basics in difficult economic times like this and explain to people that you will not wither up and die if you don't have that wide-screen TV," Fuller says.
Fuller also blames lenders who set adjustable-rate mortgages it knew buyers couldn’t afford to pay. He says such firms should be “ashamed” to make such arrangements with buyers. “What they were doing was irresponsible,” he says.
Source: The Associated Press, Jon Gambrell (09/11/2008)
Changing Face of the Building Industry
As home builders struggle with more inventory than buyers, industry players are trying a variety of ways to survive and position themselves for growth once the market turns around.
National builders are acquiring sizeable local and regional builders. Smaller builders are actually consolidating to make themselves more attractive acquisition targets, says Grant Thornton Corporate Advisory and Restructuring Services.
Meanwhile, lenders that end up owners of troubled builders don’t want to resell at the bottom of the cycle.
“A trend we're seeing is lenders are leaving the structure in place, taking ownership of the assets and allowing builders to complete ongoing contracts. This way, the employment base remains intact and can return when the housing economy recovers,” says John Bittner, partner at Grant Thornton.
To combat issues facing the industry and remain stable, many home builders are focusing on providing credit to consumers, reducing inventory by marking prices to market value, and reducing development efforts or shelving projects altogether, Bittner says.
Source: Grant Thornton (09/10/2008)
Press Release
Release Date: September 10, 2008
For immediate release
The Federal Reserve Board on Wednesday announced the execution of a Written Agreement by and among Newnan Coweta Bancshares, Inc., a registered bank holding company, Neighborhood Community Bank, a state chartered member bank, the Federal Reserve Bank of Atlanta, and the Banking Commissioner of the State of Georgia.
A copy of the Agreement is attached.
Attachment (618 KB PDF)
Last update: September 10, 2008
Why This Autumn is a Great Time to Buy
This fall could be a particularly great time for first-time or buyers long out of the market to jump in, say a variety of real estate professionals.
Here are the reasons why:
- Interest rates are likely to decline as Freddie and Fannie get government help.
- The Federal Housing Administration recently boosted its loan limits to $729,750 in expensive areas. It's going to take some of that back come Jan. 1, when the loan limit will shrink to $625,500.
The FHA allows down payments of as little as 3 percent, but that will rise to 3.5 percent as of Oct. 1. People scraping dollars together for a down payment should try to set their closing for the end of this month.
- The tax credit will shave $7,500 off a first-time buyer’s federal tax bill due April 15. Buyers who don't owe tax, will get the money as a refund.
The government's definition of a first-time buyer is anyone who hasn’t owned a home in the last three years.
Source: The Washington Post, Elizabeth Razzi (09/07/08)
Mortgage Applications Soar on Monday
Mortgage brokers say Monday was the busiest day they can remember in the last couple of years.
The average rate for a 30-year fixed-rate loan fell to 6.04 Monday, about a third of a percentage point lower than on Friday, before the federal takeover of Fannie Mae and Freddie Mac.
On a $200,000 loan, that’s about a $500 annual savings – significant but not enough to turn around the housing market, analysts say.
Nevertheless, at online mortgage firm Quicken Loans, applications Tuesday were more than double what they had been in recent weeks, says Bob Walters, the firm’s chief economist.
Source: The Washington Post, Dina ElBoghadady and Renae Merle (09/09/08)
NAR Forecast: Home Sales to Hold Steady
The level of home sales is expected to show little movement in the months ahead, according to the latest projections by the NATIONAL ASSOCIATION OF REALTORS®.
The Pending Home Sales Index, a forward-looking indicator based on contracts signed in July, fell 3.2 percent to 86.5. In June, the Index was at 89.4, which was a 5.8 percent jump from May. The July index remains 6.8 percent below July 2007 when it stood at 92.8.
Lawrence Yun, NAR chief economist, says home sales continue to edge up and down. “Pending home sales are oscillating month-to-month, with the long-term trend essentially flat,” he says. “Overly stringent lending criteria imposed by Fannie Mae and Freddie Mac in the past month no doubt held back contract signings.”
Looking at middle-ground assumptions, existing-home sales are projected to total 5.01 million this year before rising 6.9 percent in 2009 to 5.35 million. After declining an average of 4 to 7 percent this year, home prices are forecast to rise by 2 to 4 percent next year.
New-home sales will total about 508,000 in 2008 and 463,000 next year, down significantly from 775,000 in 2007. With builders motivated to clear inventory, housing starts, including multifamily units, will probably fall 17.1 percent in 2009 to 801,000 units from 966,000 this year.
Regional Markets Stable
Even with the latest pullback, pending home sales have been fairly stable on a national basis for nearly a year, with dramatic local market differences continuing, according to NAR.
“Contract signings have been steaming ahead, nearly doubling in activity from a year before in several California and Florida markets,” Yun says. “The outer Washington, D.C., exurbs also are coming around very strongly. The Northeast region retreated following a robust gain in the previous month, and soft activity was observed in the broad midsection of America despite very affordable conditions.”
Here's how the PHSI fared across the United States:
- Midwest: rose 2.8 percent to 81.6 in July but remains 2.4 percent below a year ago.
- South: unchanged, holding at 93.7, but is 13.4 percent below July 2007.
- Northeast: fell 7.5 percent to 73.6 in July and is 13.2 percent below a year ago.
- West: dropped 10.6 percent to 90.3 but is 6.5 percent higher than July 2007.
Factors Influencing the Market
NAR President Richard F. Gaylord says there’s been a surge in FHA mortgage applications.
“Unfortunately, many people in high-cost areas aren’t familiar with FHA programs, which is why we produced a toolkit so REALTORS®, lenders, and other real estate professionals can familiarize themselves with this increasingly valuable program,” he says.
“FHA is taking a more active role in serving a broad cross section of home buyers, but it will take some time to fully get up to speed. We’re working with regulators to improve the process, and the good news is that this is becoming a big help to first-time buyers,” Gaylord says.
Yun says there are many ambiguities in the marketplace.
“The economy is producing more, yet cutting jobs. A first-time home buyer tax credit and lower interest rates on newly conforming jumbo loans favors consumers, yet buyer confidence remains low,” he says. “Even with the Treasury Department’s direct intervention in the secondary mortgage market, it is unclear if we will go back to sound normal underwriting criteria, or if it will remain overly stringent. The housing market outlook is very cloudy.”
Yun mentioned that the speed and timing of a recovery depends on local market conditions.
“Based on local market fundamentals, I expect robust home price growth in places like Denver and Houston over the next two years,” Yun says. “In addition, the frequent reporting of multiple bids in California and Florida may be signaling a bottom in home prices in these areas. Nationally, home sales are stable now but are expected to increase in coming quarters.”
Other factors influencing the housing market:
- Mortgage rates: The 30-year fixed-rate mortgage, which also has been moving up and down, should trend up to 6.6 percent by the end of this year, edging up to 6.7 percent in 2009. NAR’s housing affordability index is likely to remain favorable throughout 2008, averaging 13 percentage points higher than last year.
- Growth in the U.S. gross domestic product: The GDP is forecast to remain positive with a growth rate of 2.0 percent for all of 2008, and 2.0 percent also next year. The unemployment rate is estimated to average 5.8 percent over the coming year.
- Inflation: As measured by the Consumer Price Index, inflation is anticipated at 3.8 percent this year and 1.6 percent in 2009. Inflation-adjusted disposable personal income is projected to grow 1.8 percent in 2008 and 2.1 percent next year.
Source: NAR
Mortgage Foreclosure Resources
If you are having difficulty making your mortgage payment, one of the most important things you can do is seek assistance. The following resources provide information and links to agencies and organizations that may be able to help you.
Department of Housing and Urban Development
Department of Justice
Federal Housing Administration
Federal Trade Commission
Internal Revenue Service
NeighborWorks® America
Office of the Comptroller of the Currency
Last update: September 10, 2008
Press Release
Release Date: September 7, 2008
For immediate release
Statement by Federal Reserve Board Chairman Ben S. Bernanke:
"I strongly endorse both the decision by FHFA Director Lockhart to place Fannie Mae and Freddie Mac into conservatorship and the actions taken by Treasury Secretary Paulson to ensure the financial soundness of those two companies. These necessary steps will help to strengthen the U.S. housing market and promote stability in our financial markets. I also welcome the introduction of the Treasury's new purchase facility for mortgage-backed securities, which will provide critical support for mortgage markets in this period of unusual credit-market uncertainty."
Last update: September 7, 2008
Fannie, Freddie Takeover Keeps Mortgages Flowing
The federal government's sweeping takeover of mortgage market giants Fannie Mae and Freddie Mac is expected to have positive short-term benefits to the real estate market and opens the door for the industry to shape the restructuring of the companies.
The NATIONAL ASSOCIATION OF REALTORS® commended the Treasury Department's decision, which it said will bring much-needed stability and continued liquidity to the nation’s mortgage market.
"This demonstrates that the government is clearly committed to keeping the flow of capital uninterrupted, which is crucial to the housing sector and the economy," NAR President Richard F. Gaylord said in a statement Monday.
Fannie and Freddie own or guarantee almost half of the country's $12 trillion in outstanding home mortgage debt.
"Fannie Mae and Freddie Mac play a vital role in the U.S. economy by making fair and affordable mortgage loans available for home buyers and owners," Gaylord said. "Their critical mission must not be interrupted, and Sunday’s announcement goes a long way in making sure that does not happen."
What the Plan Involves
Under the Treasury Department's action, the two government-sponsored enterprises are placed in a government conservatorship and overseen by two government-appointed chiefs, former Merrill Lynch vice chairman Herbert Allison at Fannie Mae and former U.S. Bancorp CFO David Moffett at Freddie Mac.
Daniel Mudd, who led Fannie Mae for the last few years, and Richard Syron, his counterpart at Freddie Mac, have been relieved of their jobs.
The federal government is taking up to an 80 percent stake in the companies and will review their financial condition on a quarterly basis, injecting money into their operations as needed. The government is directing the companies to help stabilize housing markets by requiring them to increase their mortgage funding over the next year and a half.
For the long-term, the companies and their regulator, the Federal Housing Finance Agency, will begin planning for a major reorganization of their operations, away from their current 100-percent, privately owned model.
According to news reports, one of the models being discussed is something akin to a public utility, in which the government sets limits on the amount of annual return on equity to shareholders.
Positive Real Estate Impact
For the real estate industry, the short term impact is expected to be positive, says NAR Chief Economist Lawrence Yun. With the government now explicitly backing the companies' mortgage obligations, the market for the GSE securities will be treated more like Treasurys, thereby exerting downward pressure on rates, he says.
That will help drive a positive cycle of investment as investors return to the market, further lowering rates and generating funds to lenders to expand their mortgage loan operations. That is expected to help speed up housing sales in markets across the country and help stabilize home prices.
The main down side to the federal intervention will be felt by the companies' current shareholders, who will no longer receive dividend payments and whose holdings are diluted by the equity stake of the federal government.
Looking ahead, the directive for the companies and their regulator to start work on their long-term restructuring opens the door for NAR to help shape that process, and the association already has a process underway to do that, say NAR legislative and regulatory affairs analysts.
— REALTOR® Magazine Online
Unfinished Homes Can Be a Great Find
A small number of buyers are acquiring homes that the builder hasn’t completely finished so they can do the job themselves, and save money in the process.
For ambitious do-it-yourselfers, it sounds like a great deal. But finding an unfinished new home that a builder will sell isn’t as easy as it might sound, even though builders are awash in unsold inventory.
Builders say they're reluctant to sell unfinished homes because it can be difficult to get an occupancy permit, even a temporary one, from a municipality unless the property is complete.
Plus, subcontractors likely will object to such an arrangement. There’s also the question of liability. Who’s responsible if the buyer gets hurt while working on the property?
Nonetheless, if you get this kind of request from a potential buyer, it doesn’t hurt to talk to the builder, says Don Augustin, vice president of Kenneth James Builders in the Chicago area.
"The way things are right now, you have to do above and beyond what you normally do because you don't just want a house sitting there," says Augustin.
Source: Chicago Tribune, Mary Ellen Podmolik (09/05/2008)
First-Time Buyers Want Move-In Condition
More than 80 percent of first-time homebuyers want a home in move-in condition, according to a survey of Coldwell Banker associates.
Only 7 percent of first-time buyers are willing to purchase a ‘fixer-upper,” the practitioners said.
Size is also important. Practitioners said 71 percent of first-time homebuyers are looking for larger homes than they were 10 years ago.
According to 41 percent of the respondents, proximity to job is the No. 1 attribute first-time homebuyers are looking for in a home.
Coldwell Banker associates say 73 percent of first-time buyers want assistance handling home buying details, including identifying neighborhoods, negotiating price and filling out paperwork – twice the percentage who wanted that kind of assistance 10 years ago.
Survey respondents reported that their first-time homebuyer customers look at five to 10 homes, on average, before making a purchase.
Source: Coldwell Banker (08/22/2008)
Tips for Nice Lawn: Avoid a Buzz Cut
Good landscaping can increase a home’s value by 5 percent to 11 percent, according to a Michigan State University study.
Don’t give the lawn a buzz cut, urges John Stier, professor of horticulture at the University of Wisconsin. Cutting a lawn short makes it grow faster and weakens its roots. Stier says keep the grass no shorter than 2 ½ inches.
Stier thinks hiring a lawn service to cut, water and fertilize isn’t necessary for right approach most homeowners. He says they can do just as good a job themselves and save more than $1,000 a year.
Source: Money Magazine, Josh Garskof (09/04/2008)
8 Ways to Make a Home Sell Faster
Simple fixes and staging practices can focus buyers' attention in the right places and keep them from getting sidetracked by personal items in the home.
Here are some staging suggestions from Deborah Ehrlich-Layne of Staging Plus in Tampa, Fla., Handyman Matters, and HGTV's The Stagers.
- Eliminate countertop clutter. A countertop covered with small appliances and utensils looks crowded, not spacious.
- Pack up the too-personal. Don't leave toiletries on the counter. Stash family photos.
- Be prepared for snoops. Prospective buyers pull open drawers, look in closets and peek behind the shower curtain.
- Make sure things work. Dripping faucets, burned-out light bulbs, and squeaking hinges detract from the home's appeal.
- Think "white-glove clean." Mop, dust, vacuum, clean baseboards, wash windows. Make sure the house looks fresh and smells neutral.
- Make sure the front door is clean and the hardware polished. Power-wash walkways.
- Store furniture that makes rooms feel crowded.
- Show every room for the kind of room it is. Maybe you've turned your formal dining room into a home office. Get rid of the desk and computer, and bring back the dining table and chairs.
Source: The Dallas Morning News (09/05/2008)
Treasury Paulson on Fannie Mae and Freddie Mac
Treasury Henry Paulson talks today, Sunday September 7, 2008, concerning mortgage finance companies Fannie Mae and Freddie Mac:
Good morning. I'm joined here by Jim Lockhart, Director of the new independent regulator, the Federal Housing Finance Agency, FHFA. In July, Congress granted the Treasury, the Federal Reserve and FHFA new authorities with respect to the GSEs, Fannie Mae and Freddie Mac. Since that time, we have closely monitored financial market and business conditions and have analyzed in great detail the current financial condition of the GSEs including the ability of the GSEs to weather a variety of market conditions going forward.
As a result of this work, we have determined that it is necessary to take action. Since this difficult period for the GSEs began, I have clearly stated three critical objectives: providing stability to financial markets, supporting the availability of mortgage finance, and protecting taxpayers both by minimizing the near term costs to the taxpayer and by setting policymakers on a course to resolve the systemic risk created by the inherent conflict in the GSE structure.
Based on what we have learned about these institutions over the last four weeks including what we learned about their capital requirements and given the condition of financial markets today, I concluded that it would not have been in the best interest of the taxpayers for Treasury to simply make an equity investment in these enterprises in their current form.
The four steps we are announcing today are the result of detailed and thorough collaboration between FHFA, the U.S. Treasury, and the Federal Reserve. We examined all options available, and determined that this comprehensive and complementary set of actions best meets our three objectives of market stability, mortgage availability and taxpayer protection. Throughout this process we have been in close communication with the GSEs themselves. I have also consulted with Members of Congress from both parties and I appreciate their support as FHFA, the Federal Reserve and the Treasury have moved to address this difficult issue.
Before I turn to Jim to discuss the action he is taking today, let me make clear that these two institutions are unique. They operate solely in the mortgage market and are therefore more exposed than other financial institutions to the housing correction. Their statutory capital requirements are thin and poorly defined as compared to other institutions. 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.
I support the Director's decision as necessary and appropriate and had advised him that conservatorship was the only form in which I would commit taxpayer money to the GSEs. I appreciate the productive cooperation we have received from the boards and the management of both GSEs.
I attribute the need for today's action primarily to the inherent conflict and flawed business model embedded in the GSE structure, and to the ongoing housing correction. GSE managements and their Boards are responsible for neither. New CEOs supported by new non-executive Chairmen have taken over management of the enterprises, and we hope and expect that the vast majority of key professionals will remain in their jobs.
I am particularly pleased that the departing CEOs, Dan Mudd and Dick Syron, have agreed to stay on for a period to help with the transition. I have long said that the housing correction poses the biggest risk to our economy. It is a drag on our economic growth, and at the heart of the turmoil and stress for our financial markets and financial institutions. Our economy and our markets will not recover until the bulk of this housing correction is behind us.
Fannie Mae and Freddie Mac are critical to turning the corner on housing. Therefore, the primary mission of these enterprises now will be to proactively work to increase the availability of mortgage finance, including by examining the guaranty fee structure with an eye toward mortgage affordability. 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. Treasury has taken three additional steps to complement FHFA's decision to place both enterprises in conservatorship. First, Treasury and FHFA have established Preferred Stock Purchase Agreements, contractual agreements between the Treasury and the conserved entities.
Under these agreements, Treasury will ensure that each company maintains a positive net worth. These agreements support market stability by providing additional security and clarity to GSE debt holders senior and subordinated and support mortgage availability by providing additional confidence to investors in GSE mortgage backed securities. This commitment will eliminate any mandatory triggering of receivership and will ensure that the conserved entities have the ability to fulfill their financial obligations.
It is more efficient than a one-time equity injection, because it will be used only as needed and on terms that Treasury has set. 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.
And They Could Call It Frannie
There is talk on Wall Street and within Fannie Mae and Freddie Mac about the government-sponsored enterprises (GSEs) merging, says an article in the Wall Street Journal, although most observers do not expect such a move.
However, eliminating redundancies would reduce operating costs by $1.2 billion per year, which would generate upwards of $19 billion in value, experts say. Meanwhile, increased leverage and buying power would shave approximately $300 million per year off foreclosure costs.
According to Leader Capital CEO John Lekas: "The market will know that both entities combined will have much more consistent, stable margins."
Still, Congress would be hesitant to approve a deal that would result in massive layoffs; and lawmakers would have to rewrite legislation that created the GSEs and deal with concerns about a monopoly.
Source: New York Times, Andrew Ross Sorkin (09/02/08)
Police Arrest Couple in CraigsList Rental Scam
A Las Vegas man claiming to be a licensed real estate practitioner and a female assistant have been arrested and jailed for renting out vacant homes belonging to seasonal residents.
Emilio Gonzales and Melissa Cowan advertised properties for rent on CraigsList. They asked potential renters to sign leases and took security deposits totalling several thousand dollars. Rents were collected in cash at various locations the pair specified.
The scam fell apart when the real owners showed up and found people living in their vacation homes. Police arrested Gonzales and Cowan by following a tenant to the agreed upon spot to pay rent. The two are being held on burglary, conspiracy and fraud charges.
Source: KVBC-TV (09/04/2008)
Upgrade Before You Sell
Real estate agents sometimes receive calls from homeowners asking for advice on what they should do to prepare their house to go on the market. They may have settled for living in a "less than optimal" circumstance for years, and are now going to spend money to make it nice for someone else to enjoy.
If you are considering painting, updating the kitchen, landscaping, or making any other improvements that will increase your home's re-sale value, think about making those improvements while you are still there to enjoy them. Create your own dream kitchen, master suite or spa, build an outdoor living room or restore your wood floors now. Improving your property will make your home more enjoyable, help maintain the property values in your neighborhood, and expedite the sale of your home when you are ready for a move.
Selling Before Buying
Timing can sometimes be difficult if you have to sell a home before you can buy another one. Most people need the equity from the sale of their first home for the down payment on the new house. If your present home goes on the market first, you may be concerned that it will sell before you find the one you want to buy. On the other hand, if you find the perfect home before your present home is under contract, the sellers may be reluctant to accept your offer, and you may be too nervous to sign a contract.
It is a good idea to sit down with a good real estate agent for some professional advice before you begin your search. It will probably be necessary to be flexible on the closing date, because it can be easier to find a home that you want to buy than to sell your present home. After finding the house you want, you can ask the lender about arranging a short-term bridge loan that can make the purchase possible before you sell your current residence
Plumbing Preparations
The plumbing is one of your home's most mysterious systems. The pipes are hidden in the wall, and when you have a problem, you have to call in a plumber. Since plumbers' rates are hefty, prospective buyers are often frightened away by evidence of leaky pipes, ceiling stains below shower pans, or antiquated bathroom fixtures.
If you are planning to sell your home, it is a good idea to solve your plumbing issues before you place it on the market. Take care of any cosmetic damage that leaks may have caused after the plumber has finished his work. Plumbing repairs are cost-effective, because most sales agreements call for all systems, including the plumbing, to be in working order. If you have a problem, you will probably have to repair it before the closing anyway, so by doing it ahead of time, you eliminate that issue. Plumbing that is in top condition will make your home appear to be well cared for and will make it more attractive to potential buyers.
Playing It Safe
Conduct a thorough check for any safety hazards when you are getting your house ready to put on the market. You may be accustomed to the worn tread on the stairs, toys in the hallway, or closets that deposit their contents at your feet when the door is opened, but strangers won't be as intuitive as you are. They will be vulnerable to those little "hazards" as they walk through your home, turning on the faucets, opening closet doors, and going up and down the stairs.
The stairs are a good place to begin your safety check. Could someone tall accidentally bang their head on a beam, pipe or the ceiling as they go up or down? Is the carpeting on the stairs securely fastened? An area rug should have a non-slip mat underneath.
Safety is important because someone who is injured in your home could sue you for damages. This doesn't happen often, but if it does, it can be extremely unpleasant. "Better safe than sorry" applies to homes as well--especially when they are for sale and open to visits from potential buyers.
Net Sheet for Sellers
When you consider what price you should accept when selling your home, there are two important factors that will influence your decision. The first factor is the basic sales price. The second, and more important, is the amount you will actually receive from the proceeds at the closing.
Your real estate agent will prepare a seller's "net sheet" showing what your expenses will be. This will aid you in determining who pays what and when. It can help you to focus on the details of the sale.
A seller's expenses will include brokerage fees, real estate settlement fees, title insurance fees and special assessments. In some cases the buyer may ask you to pay some of the loan fees. Local real estate taxes will be pro-rated for you and the buyer, and you may be asked to place funds in escrow for payment of your final water bill. Subtract your mortgage balance any home improvement loans and other liens against the property that will be paid at the closing to come up with your final figures.
Your real estate agent can go over all of these factors with you when you list your home for sale and again as offers come in.
Inspection Repairs
When you sell a house, the buyers will probably have a home inspection before they sign a contract to purchase the home. The inspector may turn up something that needs attention or repair, and after the inspection, the buyers may produce a list of items they want repaired as a condition for moving forward on the sale.
When you get the buyers' list, remember that some of the items may be negotiable. Sales contracts usually require that all the systems be in working condition. Some buyers may make requests that go beyond the normal obligations of the seller. They may ask for a new roof or certain structural repairs that you may not want to make. Your agent can help you to assess the risks of just saying "no" to buyers who are making demands you consider to be unreasonable. You may decide to decline the requests, but the buyers may also decide to back out of the deal as a result.
When you agree to make repairs, hire licensed professionals who will guarantee their work, and give copies of the reports to the buyers. Arrange to have the repairs made as far ahead of time to avoid last-minute complications which could compromise the transaction.
Getting Ready To Sell
Here is a scenario that you may encounter when you sell your home. You make a listing appointment with a real estate agent who shows up with a detailed market analysis and a list of all the advantages of listing with his or her company. The agent then walks through your home with you, making suggestions about how you can present your home at its best.
The real estate agent's recommendations about cosmetic "fix-ups" make some sellers feel a little uncomfortable. They realize how long they have put off all of those "little" projects. If the suggestions about the cat box, spider webs, kitchen and bathroom cleanup, and removal of clutter make you feel a little defensive, remember that none of this is personal! Most sellers need a little coaching to make their homes show well. Providing suggestions for home staging is an important part of an agents job. The better your home looks while it's on the market, the more likely it is to sell quickly, and for top dollar.
Doing What Comes Unnaturally
The most inconvenient aspect of having your house on the market is the constant housekeeping required. Even if you are naturally neat, it requires a lot of hard work to constantly keep your home in top "showing" condition.
Do whatever it takes to make your home shine and to keep it looking beautiful. It may mean getting extra help from the children or hiring short-term professional help. The importance of making a good impression on the real estate agents and buyers who come through your home cannot be overstated. Many interested buyers may call for last-minute appointments to see your home. Buyers may associate a messy home with poor maintenance of the structure, systems and appliances, which can discourage offers or result in a lower offer than the house might otherwise bring.
A Disappointed Seller
Many home sellers are disappointed by the first offer they receive. For example, when your agent calls to say that she has an offer on your home, your adrenaline might start flowing profusely. You get really excited, but your happy bubble bursts when you are presented with the contract. It's just not enough! The buyers asked for your new washing machine, and they also want to postpone the closing for three months. You don't see how it can work!
Before rejecting any offer on your property, you should consider making a counter offer. Rarely does an offer look the way it would if you had written it yourself. Consider the good and bad points of the offer, and work with the agents to find a middle ground that you and buyers can live with. You may have to go back and forth several times, and there will probably be compromises on both sides. Unless you are lucky enough to be selling in a strong sellers' market, the buyers will expect to do some bargaining. With a little patience, you and your agent can create a "win-win" situation for you and the buyers.
Rent-to-Own Gaining Favor Once Again
Rent-to-own options are becoming popular again after falling out of favor during the last couple of decades when mortgages were easy to get.
The advantages of rent-to-own to buyers include a way around poor credit, an opportunity to rebuild credit worthiness and a way to try out homeownership without making a costly commitment.
For sellers, it offers cash flow from properties that might otherwise just be sitting there.
In some parts of the country, like Florida, rent-to-own arrangements are fairly commonplace, but in other parts of the country developers are only beginning to experiment with this form of purchase.
In the Boston area, Economic Development Financing Corp. (EDFC) and Trinity Financial are two affordable-home developers that have introduced experimental rent-to-own programs. Eric Gedstad, spokesman for MassHousing, a state agency that finances housing construction, says his agency is supportive.
"As the lender, we are gratified that the developer has cash coming in. It makes sense for potential homeowners. The more time that goes by the better the opportunity for someone to repair his credit."
Source: Boston Globe, Robert Preer (08/31/2008)
Where Are Lenders Getting Credit Scores?
Consumers often mistakenly believe that mortgage lenders use only credit scores from Equifax, Experian, TransUnion, and Fair Isaac's myfico.com to gauge creditworthiness.
However, Consumer Reports recently found that lenders also use NextGen FICO scores, FICO Expansion Scores, and Industry Option FICO scores — which take car loans into consideration — as well as custom formulas.
Given that these credit scores or scoring models are not available to consumers, experts say that consumers should not rely solely on available credit scores to determine their likelihood of getting a loan. They would be wise to make timely bill payments, make more than the minimum payment, hold down credit card balances, and retain old accounts.
Additionally, experts say it might be worth keeping tabls on other credit scores, such as Experian's PLUS scores, which are not yet sold to lenders but could be in the future.
Source: Allentown Morning Call (PA) (09/02/08)
Will Feds new rules stem identity theft?
Five years in the pipeline, 'red-flag' guidelines require financial institutions to watch for fraud. Small businesses with few resources do not welcome the 'burdensome' procedures.
By Bankrate.com
Identity thieves face tough going this year if they think pilfering your personal information will be a stroll through the park. Or at least that's what regulators hope.
This is because new "red-flag" rules aimed at impeding identity thieves are being phased in.
You've never heard of them? Join the crowd.
"There hasn't been a big consumer-education push," says Chris Hoofnagle, a senior fellow with the Berkeley Center for Law & Technology in California. "These rules are not well-known, even among consumer advocates."
Hoofnagle says the information is relatively scarce because the rules stem from a 2003 law that took five years to implement.
"There's been a lot of waiting," he says.
What are red-flag rules?
The rules push financial institutions to make sure people are who they say they are. Authenticating identities will be the name of the game. Red-flag rules stipulate that financial institutions and creditors establish a written program to "detect, prevent and mitigate identity theft in connection with the opening of certain accounts or existing accounts," according to a Federal Trade Commission report (.pdf file).
The rules offer more than two dozen examples of suspicious behavior that financial institutions and creditors should consider warnings.
The presentation of altered documents, a suspicious address change, a fraud alert on a credit report and other unusual account activities are among the red flags.
The idea is to prompt banks and creditors to go into "authentication mode" and determine whether fraudsters are trying to apply for credit in someone else's name or hijack someone else's accounts.
The rules stem from the Fair and Accurate Credit Transactions Act of 2003. Relevant financial institutions have until November to come into full compliance or be subject to penalties.
Proponents say the rules will standardize how credit-issuing entities respond to suspicious activities regarding your accounts.
"These rules for the first time provide a uniform road map for protecting customer information and preventing identity theft," says Sai Huda, the CEO of Compliance Coach, a San Diego company that provides red-flag-compliance software. "Before the rule, there was only an implied obligation on business to protect information."
Now financial institutions and creditors must update their programs periodically to handle new threats as they emerge.
To whom do the rules apply?
The Federal Trade Commission says financial institutions and creditors who "offer or maintain covered accounts" must implement a red-flag program.
So what exactly is a covered account?
"Red-flag rules apply to financial institutions and creditors like banks, credit unions, auto dealers, mortgage brokers, utility companies and telecommunications companies," says Pavneet Singh, an FTC spokeswoman.
Compliance Coach's Huda says you don't necessarily have to be an account holder for the rules to apply to you.
Credit reporting agencies are exempt from the red-flag rules, but at least one, Experian, is getting involved at some level. In February, Experian hosted a Web seminar on the rules and attracted more than 700 clients.
"We tried to make sure that all our existing and prospective clients understood what these red-flag rules meant," says Keir Breitenfeld, a senior product manager with Experian's Fraud & Identity Solutions. "We tried to do that educationally."
How will red-flag rules benefit you?
Red-flag advocates say that banks and creditors with sloppy fraud-prevention programs will eventually be exposed by litigation and negative publicity.
"The public disclosure of identity theft will create more of an onus for these companies to be up to par," Huda says. "Consumers will eventually benefit because of the higher standards."
Hoofnagle says the prospects of the agencies, such as the FTC and the Federal Deposit Insurance Corp., enforcing the rules combined with possible litigation "will involve some transparency of procedures."
Another added benefit is that employees may be more vigilant in spotting identity fraud.
Anita Marchion, the assistant vice president of regulatory compliance at Navy Federal Credit Union in Virginia, says the training of new recruits has been beefed up to include more focus on identity theft.
She says that the nation's largest credit union will be in compliance by the November deadline and that "members should have a comfort level knowing that we are taking extra steps to protect them from identity fraud."
Hoofnagle has been pushing for a ratings system for banks like the ones that measure vehicle safety. His 2006 study of ID thefts among financial institutions reveals a wide variance in frequency of customer complaints.
"You can go online and look at the crash test of your car and the rollover rating, and all this is available to consumers now," he says. "It wasn't available 40 years ago, but I think we will have a similar situation with banks."
Hoofnagle says the red-flag process is not foolproof. For example, financial institutions need to keep an eye on sales where affiliate marketing agreements come into play. When consumers apply for a credit card or cell phone contract, often the agreement's privacy policy will provide for the company's right to share your information with third-party affiliates that sell products. Hoofnagle believes some commissioned salespeople may have strong incentives to override the red flags.
He is also concerned that some banks may find ways to simply override authentication procedures.
"There has to be some counterweight to that problem," he says.
Heather Grover, a director of product management with Experian's Fraud & Identity Solutions, says there has to be some balance between the consumer's best interest and an organization's need to keep its defenses opaque to thieves.
"Fraudsters are students of their craft, and they'll really game the system as soon as they find the hole," she says.
Who opposes the rules?
The rules give businesses the flexibility to design programs that work best with their respective business models and available resources.
However, some creditors and financial institutions aren't too happy about what they see as the added financial and bureaucratic burden of being required to comply with the rules.
Some smaller institutions have complained that the rules place an unnecessary financial and operational burden on them that they cannot afford. Many may have to hire a third-party company to ensure compliance.
While financial giants may have legions of in-house staffers dedicated to fraud prevention, your local community bank may opt to use a third-party vendor.
The National Automobile Dealers Association supports the government's goal of trying to protect consumers from identity theft, but it also believes the red-flag rules will hurt smaller dealers with limited financial resources.
"We anticipate most dealers will find it challenging to develop and implement a comprehensive identity theft program as required by the red-flag rules," says Paul Metrey, the director of regulatory affairs for the auto dealers group.
Metrey says the program will demand significant time and attention from managers and service providers. He says many provisions of the rules have already been addressed in prior laws, such as the FTC Safeguards Rule and the FTC Privacy Rule.
Not surprisingly, lobbyists for the banking industry also rejected the rules as heavy-handed.
The Illinois Bankers Association, in a statement to the FDIC, called the rules "excessive and overly burdensome."
There may be some reluctance to accept red-flag rules as a best-practice measure, Grover says, but she adds that many businesses will eventually come around when they see the benefits of protecting their customers, as well as a decrease in fraud losses.
The red-flag triggers
The rules are designed to fill the cracks in the system through which identity thieves could fraudulently pilfer the identities of other people for their personal gain.
Six agencies were involved in drafting the rules: the Treasury Department's Office of Thrift Supervision, the Office of Comptroller of the Currency, the FDIC, the FTC, the National Credit Union Administration and the Federal Reserve System. They came up with the following guidelines as examples of red flags. These were gleaned from the Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003:
- A fraud alert included with a consumer report.
- A notice of a credit freeze in response to a request for a consumer report.
- A consumer reporting agency providing a notice of address discrepancy.
- Unusual credit activity, such as an increased number of accounts or inquiries.
- Documents provided for identification appearing altered or forged.
- A photograph on ID inconsistent with appearance of customer.
- Information on ID inconsistent with information provided by person opening account.
- Information on ID, such as signature, inconsistent with information on file at financial institution.
- An application appearing forged or altered or destroyed and reassembled.
- Information on ID not matching any address in the consumer report.
- A Social Security number has not been issued or appears on the Social Security Administration's Death Master File, a file of information associated with Social Security numbers of those who are deceased.
- A lack of correlation between the Social Security number range and the date of birth.
- Personal identifying information associated with known fraud activity.
- Suspicious addresses supplied, such as a mail drop or prison, or phone numbers associated with pagers or an answering service.
- A Social Security number provided matching that submitted by another person opening an account or other customers.
- An address or phone number matching that supplied by a large number of applicants.
- The person opening the account unable to supply identifying information in response to notification that the application is incomplete.
- Personal information inconsistent with information already on file at a financial institution or creditor.
- Person opening account or customer unable to correctly answer challenge questions.
- Shortly after a change of address, creditor receiving request for additional users of account.
- Most of available credit used for cash advances, jewelry or electronics, plus customer fails to make first payment.
- A drastic change in payment patterns, use of available credit or spending patterns.
- An account that has been inactive for a lengthy time suddenly exhibiting unusual activity.
- Mail sent to customer repeatedly returned as undeliverable despite continuing transactions on an active account.
- A financial institution or creditor notified that customer is not receiving paper account statements.
- A financial institution or creditor notified of unauthorized charges or transactions on customer's account.
- A financial institution or creditor notified that it has opened a fraudulent account for a person engaged in identity theft.
This story was reported and written by Steve Santiago for Bankrate.com.
| |