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More Accountability, Not Accounting

January 20th, 2009

CNN/Fortune had some interesting reporting on the TARP today. As you’ll recall, the premise of the Troubled Asset Relief Program (TARP) was that it was promoted as a plan to “reinforce the stability of the financial system, to increase confidence and capacity to lend, and in turn to support the recovery of the economy.” Offering loan guarantees to a broad array of banks is reportedly among the options being considered by incoming President Barack Obama as he seeks to restore economic growth. According to Joseph Mason, a finance professor at Louisiana State University, the problem with a loan guarantee plan is that it will not necessarily force the banks to fully recognize their losses on souring positions taken on during the credit boom that ended in the summer of 2007.

That point does not go far enough, though, because it’s not a matter of accounting, it’s a matter of accountability. It’s not a matter of how the banks keep their books, it’s a matter of holding the banks responsible for reinvesting the funds and utilizing the funds to fund consumer borrowing a small business financing. It’s about fulfilling the purpose of the bailout, not about keeping a nice set of records.

On Friday, Citigroup said it lost $8 billion for the fourth quarter and $19 billion for the year. Bank of America said it lost $1.8 billion for the fourth quarter and announced a plan under which the government will backstop $118 billion in troubled assets, about three-quarters of which are tied to the bank’s acquisition of Merrill Lynch.

Paul Miller, an analyst at FBR Capital Markets, wrote in November research report that the biggest U.S. banks — names like Citi, BofA, JPMorgan Chase and Goldman Sachs, to name a few — needed $1 trillion or more in new common equity to be well enough capitalized to handle surging loan losses.

On ABC’s “This Week” Sunday David Axelrod, senior adviser to Obama, said that Obama would emphasize that lenders need to keep funds flowing to keep an already sputtering economy from slowing even further. “I think he is going to have strong message for the bankers,” Axelrod said. “We don’t want them to sit on any money that they get from taxpayers.” The contrarian view was expressed by Ed Gainor, a structured finance lawyer at McKee Nelson in Washington, who said dictating that lenders must lend could be counterproductive. One reason lenders are conserving capital, he noted, is that the economy is slumping — which raises the odds that even good borrowers will default as they lose their jobs. “Demanding that they make loans is somewhat silly on a grand scale,” says Gainor. “If the lenders can lend and make a profit, that’s what they will do.” This ignores the purpose of the TARP. Does Gainor think that the bank’s pocketing the funds is going to help the economy?  In response, Mason said the strong message the government needs to send is that existing losses must be recognized, and failing institutions allowed to fail.

Question: Why should the taxpayer’s be willing to bailout the banks unless they are obligated to not only lend it out, but pay it back to the government and the taxpayers?

The self interest of the banking industry without regard to the general economy should be evidentl. The point is that from the taxpayer’s point of view, there is no reason to bail out the banks if they are not obligated to pass it on to consumers, because one of the big reasons the economy is slumping is because of the restrictions on lending, consumer and small business borrowing. Just talk to the Retailers or Building Industry Associations. The taxpaying citizens are, after all, the ones who are ultimately paying for the bailout. It’s absurd under the present scenario that ordinary taxpayers are expected to pay for the bailout of financial institutions without the funds being passed on through. Considering Gainor’s point of view, which sounds like “we’ll lend money if we feel like it,” the taxpayers would be better of if the banks kept their hands out of Congress’s and the taxpayers’ wallet. Now is not the time to start exercising overly strict and scrupulous lending practices, which should have been instituted long before the spiral dive began. Given the present lack of accountability, the TARP is nothing but the biggest charitable giveaway in history. If the banks are unwilling to pass the bailout on to the public who is paying for it in the first place, Congress should simply refuse to distribute any more funds, allow the banks fail, and let the forces of market capitalism take over. Without insisting on accountability in the utilization of the TARP funds, the plan is just simply another fraud on the American public. It’s Robin Hood in reverse, stealing from the common man to give to the rich. If Congress fails to demand accountability and the Banks fail to fulfill the purpose of the TARP, another option that Obama might consider is placing the insolvent Banks in an involuntary Chapter 11 and appointing a Trustee, or “Banking Tzar”to ensure the funds are administered properly, rather than to keep throwing good money after bad. Yes, its a little far fetched. On the other hand bailing out the banks while letting everyone else wither away on the vine isn’t a very attractive option.

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CONGRESS AND CITICORP REACH AN AGREEMENT ON CRAMDOWN?!

January 9th, 2009

CNN reported today that Citigroup reached an agreement with Democratic lawmakers Thursday on legislation that would allow judges to reduce mortgage debt for individuals who have filed for bankruptcy.  Until recently, members of the banking industry, including Citigroup (C, Fortune 500), as well as other housing-related groups like the National Association of Realtors, have criticized the notion of allowing the courts to have a say over their mortgage portfolios.  John Courson, president and CEO of the Mortgage Bankers Association has been extremely resistant to this idea, insisting that the so-called “mortgage cram downs,” which allow bankruptcy courts to “cram down” or reduce the size of a home loan, will add considerably to borrowing costs for borrowers in the future.  It is not clear what was meant by that statement.  Does that mean the lending industry plans on recouping their losses by adding additional fees and costs to future borrowers?  Well if that’s what it means, they might just take another look at TILA and RESPA because I don’t think he really meant to say that.  Did he?

This of course begs the question why Congress needs the agreement or permission of the mortgage lending industry in the first place.  Congress, after all, is supposed to represent the People, not the financial institutions that created the real estate bubble in the first place by fueling building based on speculation, motivated by profit, to unqualified buyers, on income stated only and fixed variable loans, and to people who couldn’t afford them over the long term in the first place.  Now that Congress proposes to allow the cram down of a mortgage in a Chapter 13, apparently the lending industry objects, not because the bill attempts to correct the problems created by over-inflated loanson over-valued properties, but by the impact it would have on their ability to make a profit on future deals.”We remain opposed to bankruptcy cram-down legislation because of the “destabilizing affect”  it will have on an already turbulent mortgage market,” said Courson.

Well, I’m sorry Mr. Courson, you’re a little late to the movie.  The Banking industry should have thought about the “destabilizing effect” of more than 2 million foreclosures in the last three years, and another 8 million potential foreclosures on the market next year, before all the predatory loans were made to all those borrowers in the first place.  The Bankruptcy legislation is aimed at correcting a problem created by the lending community by their irresponsible, reprehensible lending practicices and designed to keep borrowers in their homes at a realistic and affordable value.

To show how ridiculous the position of the Mortgage Banker’s Association is, even The National Association of Home Builders which has also historically opposed such a measure, recently announced an about-face, and said it would now support the idea of bankruptcy judges altering the terms of a borrower’s mortgage.   Is this a dramatic reversal of position?  No, not really.  The obvious reason:  the Home Builders are now competing to sell their existing inventory with the Banks’ selling the Builder’s own REOs.  The Builders need to keep those borrowers in their houses just as much as the borrowers need to stay in them.  No one needs the REOs on the market, except of course the banks if it helps their reserve requirements.  This is just another example of the lending industry considering only their own financial statement.  It is also a glaring faillure of the lending industry to be accountable for use of the TARP funds.  The primary purpose of the TARP, was to enable consumer borrowing and small businesses to operate.  This does not appear to be happening.  The building industry recently projected that half their members would be out of business in the next six months because half of the BIA’s members have had their lines of credit pulled.  If the lenders were using the funds to renegotiate the loans or enter into meaningful loan modifications with existing borrowers, the prospect of 8 million borrowers headed to foreclosure and potentially the bankruptcy court would not be as serious a threat.  As it is, the Bankruptcy Court can expect to be doing a land office business for the next few years.  Congress could, of course, insist on some accountability for use of the TARP funds, but that’s probably not going to happen because it appears that they might have to get permission from CitiCorp before actually voting for what is in the best interests of the nation, instead of just the banking industry.

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