Category: Real Estate and Mortgages

The Whole Earth is Owned; Debts Net Out to Zero

The Whole Earth is Owned; Debts Net Out to Zero

Tonight’s post could be one in the “rules” series, but since I did not get this idea prior to 2003, when I started investment writing at RealMoney.com, it does not qualify for me.? But here it is:

At the end of the day, the world as a whole is owned 100%.? There are people with short positions, calls, puts, etc., and even things more exotic.? Those are noise around the real economy that produces the goods and services of our world.

Beyond that there are debt transactions in order to own assets, or purchase products and services.? But every debt is an asset to another party, and cancels out across the globe.? There are no debts on net in the world.

Does that mean that debts are irrelevant?? No.? Debts are relevant for two reasons: 1) Highly indebted economic systems are inflexible, because there are too many fixed claims.? They are far more prone to crises.? 2) The debt of financial companies is very important because they often borrow short-term to finance longer-term assets.? In the current crisis, repo funding is the great example of this.

A financial firm thinking long run would not do repo financing because it can be easily pulled.? It would float long debt equal to the term of the assets that they want to finance.? But that might make their margins inadequate.? Don’t you know that short rates are volatile, and that they tend to be lower then long term rates most of the time?

Well, maybe.? But when debts increase, parties step forward to finance long credit via short borrowing.? That is an essential element of the credit system when it is in bubble mode.? (Side note: the exception to this is lending against sticky checking and savings account liabilities.? Those liabilities are sticky only because of deposit insurance.? The policy question there is whether the insurance premium is set too low. In hindsight, the answer is yes, though at my prior employer, we talked about the inadequacy of the FDIC, and bank reserving regularly.)

Though all debts net out to zero across the global economy as a whole, a lot depends on who owns the debts.? If the debts are owned by those who are borrowing money, risks of a debt crisis rise.? The layering of debt upon debt, and borrowing short to lend long decrease financial system resilience.

Finally, the willingness to make loans to marginal borrowers is really a statement that lenders are willing to make an equity investment in someone they are lending to, or some property that they are lending against.? Formally, it is all a loan, but economically the lender is betting on prosperity, much as a stock investor might.

When I wrote my piece on the residential housing bubble at RealMoney back in May of 2005, I did not focus on the high prices much; instead, I focused on the financing issues:

  • Amount of debt vs assets
  • Borrowing short term to buy a long-lived asset, a house.
  • Quality of the debt underwriting

And, much the same when I wrote my piece on subprime mortgages in November 2006, too much leverage, the teaser rates are short term borrowing, and the loan underwriting was horrible.? As with residential mortgages generally, subprime mortgages were even more set up for failure.

If you want to find a bubble, focus on the financing.? The rise in asset prices is not sufficient, assets must be misfinanced for there to be a bubble.

When I was writing at RealMoney, I did a series of four articles to illustrate market dynamics:

Managing Liability Affects Stocks, Pt. 1
Separating Weak Holders From the Strong
Get to Know the Holders? Hands, Part 1
Get to Know the Holders? Hands, Part 2

I wanted them to have similar titles, but it was not to be.? Even for managing equities, understanding the balance sheets of companies, and those that own companies can make a difference.? When stocks are owned by those that can truly buy and hold, downside is limited.? When stocks are owned by those who are under pressure to earn money in the short run, upside is limited.

But what of liabilities for which there are no assets?? What of underfunded municipal and corporate pension plans?? With the corporate plans there is bankruptcy and the PBGC.? With municipalities, and the Federal Government it is more questionable.? There are few assets to lay claim to, even if there were a right to do so.? They rely on increased taxation, and the willingness of the courts to enforce pension promises.? This will prove politically difficult, and perhaps prove to be a greater challenge to the constitution than anything previous, because the economic demands are far greater than what the US taxpayer has been willing to bear.

Still, the greater challenge for countries is the ability to continue to manage debt issuance.? As we see with Greece today, that is not a simple thing.? Countries can be misfinanced, as much or more so than corporations.

Risk management is primarily management of liquidity, and planning to avoid? liquidity risks over the long haul.? Easy to state, hard to do.? The siren song of the short-run is so compelling, but the long–run eventually arrives, and when it does, it comes to stay.? Plan your life, or your corporation’s life such that you control your destiny, and are never in a spot where you are forced to do anything.? That takes discipline, but the man who controls his own soul is ready to rule things far greater.

What Should the US do about Housing Finance?

What Should the US do about Housing Finance?

The US Government seeks your opinions on housing finance.? Send them here, to http://www.regulations.gov, and let them know what you think.? As for me, my opinions to their seven questions are here.? If you agree, echo them.? If you disagree, state your own case to the Treasury.

My Answers

  • How should federal housing finance objectives be prioritized in the context of the broader objectives of housing policy?

There should be no housing policy.? People will house themselves, even if the government does nothing.? Charities will spring up to effect this; Americans care, but private charity is more efficient than the bureaucracy.

  • What role should the federal government play in supporting a stable, well-functioning housing finance system and what risks, if any, should the federal government bear in meeting its housing finance objectives?

No role, aside from preventing and prosecuting most mortgage fraud.? Let the market regulate who gets homes.? Subsidizing housing has not led to sustainable gains in the percentage of those in single family housing.? It has led to a large amount of foreclosures, by allowing marginal borrowers to gain financing.? No surprise that there are a lot of failures.

  • Should the government approach differ across different segments of the market, and if so, how?

No.? Do not discriminate.? But better, get out of mortgage finance; Fannie and Freddie have lost money since inception.? You have done horribly.? Respect that, and exit the business.

  • How should the current organization of the housing finance system be improved?

Close down Fannie and Freddie.? Give the closed blocks of mortgages over to GNMA.? And after that, get out of all mortgage lending.? The government does not do it well.

Aside from that, phase out the mortgage interest deduction.? It has seduced many into buying more than they can afford.? Better to have lower housing prices that people can afford without subsidy.

  • How should the housing finance system support sound market practices?

Ban mortgages where payments can rise by more than 20% over the original payment.? Even above average people are lousy at understanding mortgage terms.? Payments must be capped.? That means fewer people will get mortgages, but most of those denied should not get mortgages.

Beyond that, insist that all mortgages have 20% down, with no second liens or mortgage insurance. ?In the short run, that will slow origination, but in the long run, it will lead to health in the mortgage sector.

  • What is the best way for the housing finance system to help ensure consumers are protected from unfair, abusive or deceptive practices?,

Most of the unfair, abusive or deceptive practices stem from two areas: 1) loan payments that can rise too much.? My 20% cap on rises in mortgage payments would solve that easily.? But there is 2) Appraisal abuse.? There is no incentive for appraisers to do the right thing, so eliminate them, and let the 20% down payment be the protection against default.

  • Do housing finance systems in other countries offer insights that can help inform U.S. ?reform choices?

The US is unique, given its risk-taking culture, and the use of private entities to title land.? I don?t think that other nations have relevant data to help us, aside from basic ideas like ?Don?t overlend.?

Those are my thoughts, and I will relay them to the government.? I hope that you do the same, whether you agree with me or not.

The Rules, Part VII

The Rules, Part VII

In a long bull market, leverage builds up in hidden ways within corporations, and does not get revealed in any significant way until the bear phase comes.

If I were to change that sentence, I would change the word “corporations” to “organizations.”? Why?? Everyone attributes greed to the corporate sector, but the same is true in different ways of governments and nonprofits.

Year to year, organizations measure progress.? Corporations look at profits.? Politicians look at whether they are still in office or not the success of programs passed.? Those that run non-profits look at how they have done on their missions, amid scarce resources.

But, when things are good for a long time, institutional laziness sets in.? I remember being out at some party at a golf course in Philadephia in 1996, when our best salesman uttered the inanity, “Let the stock market pay your employees.”? Really, he was a decent fellow, and brighter than most who sold for us, but his statement reeked of the bubble logic that assumes that stock markets are magic.? They always go up.? Corporations and individuals come to rely on the stock market going up, because it always beats bonds and cash over long enough periods of time.? That is true, but less so than most think, and the time periods have to be longer than most can tolerate.

Back to topic.? Non-profits are slaves to the stock market.? Giving goes up considerably when there is appreciated stock to give.? People donate more from wages when they are secure in their homes, and they think their retirements will go well, (fools that they are).

Governments are also slaves to rising asset values.? When housing prices fall, sales drop, and transfer taxes plummet.? But real estate taxes fall as well.? My property taxes dropped by 30% — I can hardly believe it, even though I thought they overshot 3 years ago.

Governments also get used to the boom, and begin forecasting increases in wage taxes, capital gains, real estate, and all other taxes.? They rely on the increase, and borrow beyond that.? But more insidiously, since they run on cash accounting they begin to fudge accruals to make the cash accounting look good.

Tough negotiations with the public employees union?? Offer less of a wage increase, and a generous increase to the pension benefit. That will reduce the present cash costs, leaving others to deal with the costs shifted into the future.

Cash costs of paying your debts too high?? Wall Street has many derivatives that can lower your cash cost today, at a price of probably or certainly raising your cash costs in the future.? Ask Jefferson County, Alabama; they will tell you.? Greece and Italy did much the same to enter the Eurozone, amid winks from those that presently disapprove.

“Can’t we raise the spending rate on our endowment?” naive nonprofit board members ask.? Tell them to look at the 10-year Treasury yield — that is a reasonable proxy for sustainable distributions.? Most nonprofit board members don’t know up from down economically; they tend to favor the present over the future.

Corporations are the same, but they do it differently.? They run on accrual accounting, so they tend to tweak accounting to make net income look good, relative to cash flow.?? Also, they buy back stock, which increases leverage.? Even raising the dividend increases leverage, because it is like junior debt, corporations know their stock prices will fall if it isn’t paid or increased.

Buffett says something to the effect of, “Until the tide goes out, you don’t know who is swimming naked in the harbor.”? Bear markets reveal optimistic assumptions and accounting chicanery.? This is true for any organization, because we all rely on the same economy.? Yes, the wealthy support some organizations more than others, but many governments rely on taxes from the wealthy more than they realize.

This even applies to individuals.? Who paid attention to the increases in debts, especially junior debts like home equity lending during the boom?? My last firm did, and I wrote about it at RealMoney, but it felt lonely at the time.? Silent seconds, low LTV lending, mortgage insurance, and other means of getting people into housing that they couldn’t afford looked like like the pinnacle of success for US housing policy.? Now, with all of the wounds the banking system has taken, and all of the foreclosures, past, present and future, many are beginning to think differently, but you can’t see that in government policy.? Many people are not capable of bearing the fixed commitments associated with home ownership, and there is no way that government policy can materially change that.? But the government continues to encourage high home ownership and asset prices, merely delaying the inevitable reconciliation of bad debts and lower housing prices.

It’s the nature of a boom.? Free money brings out the worst in us, leading many to borrow more to get even more prosperity that seems to never end.? When the bust comes, it ends, with interest compounded.? The positive dynamic becomes a negative one, until sufficient debt is compromised, cancelled, or paid off.? There’s no way around it, but our government will fight on hopelessly.? They always do.

Thoughts on Maiden Lane II

Thoughts on Maiden Lane II

I hate working in an information vacuum.? Look, I lack the advanced analytics of major Wall Street firms.? A Bloomberg terminal is powerful, but not as good as the major investment banks, or third party specialists.

My friend jck gave me constructive criticism regarding my post on Maiden Lane III.? I am still waiting for the 2009 audit report for Maiden Lane III.? It should be published soon.? The 2008 report said that there were no gains or losses.

jck said that I should look at the decrease in book value in liabilities over time — that would measure the success of Maiden Lane III over time.? But any payment on the liabilities should stem from a diminution of the assets.? Even though the assets are held at fair value, and the liabilities at book value, this would still remain true.? Thus the gap between assets at fair value and liabilities at book value have significance.? So here it is for Maiden Lane III:

Maiden Lane 3

With ML III there was an investment of $5 billion of equity, there is still a loss against that yet, though not much.

But there is a similar graph for Maiden Lane II:

Maiden Lane 2

There is a rhythm to this because assets are revalued in the first month of the quarter, whereas liabilities are fixed, at least subject to paydowns and draws.? I would not be surprised to see a further improvement in the gap by the end of April, even as credit metrics continue to decline.

The Maiden Lane II Portfolio

Aside from two privately placed interest only securities, the rest of Maiden Lane II could be modeled.? Here are the credit metrics:

Rating Principal $K Percentage
AAA 1,719,167

5.0%

AA 2,173,090

6.3%

A 2,166,569

6.3%

BBB 1,211,229

3.5%

BB 2,648,188

7.7%

B 4,955,596

14.4%

CCC 16,362,857

47.6%

CC 2,456,082

7.1%

C 687,387

2.0%

Total 34,380,166

The average credit rating is B-, with a downward tendency.? 56.7% of the portfolio is rated CCC and below, and 71.2% of the portfolio is rated B and below.? But what types of collateral are in the portfolio?

Alt-A 4,289,185

12.4%

HELOC 1,012,497

2.9%

Home Equity 8,644,853

25.0%

Subprime RMBS 13,581,921

39.3%

Fixed WL 500,599

1.4%

Floating WL 6,519,656

18.9%

Total 34,548,712

All of it is housing related.? None of it is agency quality.

What sort of origination vintages does the portfolio have?

Issue Year Principal $K Percentage
2000 503 0.0%
2001 1,657 0.0%
2002 690 0.0%
2003 112,273 0.3%
2004 747,871 2.2%
2005 5,630,124 16.3%
2006 17,635,093 51.0%
2007 10,251,954 29.7%
2009 168,547 0.5%
Total 34,548,712

The average vintage is mid-2006, which is lousy for any debt portfolio on residential real estate in the US.? I would expect bad performance from a portfolio with these characteristics.

Compared to ML III, ML II has better collateral, but worse vintage years.? Both are messes.? I am not saying that the Fed will necessarily lose money on either one, but I question the valuations on the assets.? If Blackrock is doing the valuations, maybe I should be quiet — who has more knowledge than they do?

All the same, I still question the ability of two Fed vehicles to extract liquidity out of illiquidity, and on favorable terms.

Book Review: 13 Bankers

Book Review: 13 Bankers

Simon Johnson and James Kwak write a popular blog, The Baseline Scenario.? They have written a? very credible book on the crisis, which I have .? It covers all of the bases in a methodical way, and there was little with which I could find fault, and it does so without conspiracy-mongering, or name-calling, while still finding fault with a great many parties.

The intro to the book begins with the 13 bankers meeting Pres. Obama at the White House in March 2009.? (Thus the name of the book.)? The Obama Administration treats the bankers with kid gloves, because they are afraid of a crash in the banking/economic system.? But like the old saw, where if you owe the bank $1000 and can’t pay, you have a problem; but if you owe the bank $10 billion, they have a problem — the US government concluded that they had to protect the banks in order to protect the system as a whole.

Now, part of this stems from a false belief system, thinking that we had to bail out the banks — we didn’t need to bail out the banks.? We could have resolved them through a new Resolution Trust Company.? Rather than bail out holding companies, we could have let holding companies fail, and protected the few operating subsidiaries that people and institutions rely upon.? But part of this stemmed from the influence that large banks exercised over the US Government.? So many in the government benefited from campaign contributions from banks.? Many had worked for the banks and had friends there; many wished to work there eventually.

The book takes us back to the beginning of the US, and all of the arguments over whether we needed a central bank or not.? This is one of the few places where I disagree with Johnson and Kwak.? I don’t think we need a central bank, though we do need to regulate credit in order to avoid banking panics.? They view Jefferson as right in viewing large banks as being a threat to government sovereignty, but naive that a central bank was not needed, while Hamilton was more practical, but would not see the risk of political corruption.

Think of the Greenspan era, which was central banking at its worst.? The least little squeak during a recession would make Greenspan open up the monetary spigots, and he would keep them on well beyond when stimulus was needed.? Because of demographics, his actions did not lead to price inflation, but asset inflation.? Thus the bubble that we face now.? Extra dollars did not chase goods; extra debt chased assets.

They take us through the international crises of the ’90s which largely did not affect the US, but would sound familiar to us today.? We don’t think of ourselves as having aristocrats in the US, but major CEOs seem to play that role well.

They catalogue the changes in policy that allowed for securitization, for swaps, for unregulated swaps, for increases in leverage, for decreases in regulatory oversight, and increasing influence over US policy by financial companies. Further, with the regulators outsourcing much of their responsibility for setting capital levels to the rating agencies, there was a further opportunity for failure, as the rating agencies rated novel securities for which they had no track record.

With sloppy regulators like the Office of Thrift Supervision, the stage was set for and a race to the bottom in lending standards.? In the short run, more lending promoted higher profits, but in the long run sealed the demise of many lenders.

The crisis hit, and the leverage that had been built up was unsustainable.? It rippled through many areas of the financial sector, hitting the firms that had cheated most the hardest.? Over two years, from February 2007 to March 2009, the first wave of the crisis shook the banks, and many failed.? Many smaller banks continue to fail, having no influence over the government.

Their solution to part of the crisis is modest, at least, more modest than I would pursue.? They suggest that the six largest banks be broken up.? Good, let’s do that.? They suggest consumer safeguards; yes, protect dumb people to some degree, but make them wear a scarlet letter “D.” (My thought, not theirs – you can’t have it both ways.? There should be stigma if you can’t protect yourself.)

It is a very good book and one that I would heartily recommend.

Quibbles:

You have to have average intelligence to read this book.? It is not a book that everyone can read.? Also, very few graphs.? No pictures.? That doesn’t affect me, but many other people have a hard time reading a book with little in graphics.

Who would benefit from this book:

Almost everyone would benefit.? It does a great job laying out the problems, and the solutions that they offer are eminently reasonable.? Again, you have to be willing to read a book where the words are big, the sentence structures are complex, and you already understand something about economics.

If you want to buy the book, you can buy it here: 13 Bankers: The Wall Street Takeover and the Next Financial Meltdown.

Full disclosure: I received a free copy of their book at the Fordham Conference, as did all of the other attendees.? I never promise to review a book that I receive for free, and I never promise a favorable review. That said, when I receive free books, if I have a lot of them (normal), typically I do triage and pitch the ones that look like losers.? I do a similar filtering when book agents e-mail me to review books.? I really only have time for good ones.

If you enter Amazon through my site, and you buy anything, I get a small commission.? This is my main source of blog revenue.? I prefer this to a “tip jar” because I want you to get something you want, rather than merely giving me a tip.? Book reviews take time, particularly with the reading, which most book reviewers don’t do in full, and I usually do.

Most people buying at Amazon do not enter via a referring website.? Thus Amazon builds an extra 1-3% into the prices to all buyers to compensate for the commissions given to the minority that come through referring sites.? Whether you buy at Amazon directly or enter via my site, your prices don’t change.

A Summary of What Bank Reform Should Be

A Summary of What Bank Reform Should Be

I’ve thought about the issue for a while, and I want to summarize what the key areas for bank reform are, so that you all can know why legislation like the Dodd Bill won’t achieve much.? There are five key areas that have to be addressed to avoid “Too Big to Fail”:

  1. Limit short-dated funding, and encourage liquid assets.? Place strict limits on banks regarding funding that is likely to run in a crisis.? Encourage asset-liability match across the whole yield curve.? For the cognoscenti, match partial durations.? For bank CEOs, hire some life actuaries to help you.? (We’re cheap — for what you get!? Plus, we have an ethics code superior to others in the financial sector.? Wait.? You don’t want that?!)
  2. Limit the ability of operating banks/thrifts to lend to, invest in or enter into derivative transactions with other financial companies.? This is the critical provision to avoid contagion-type effects.? Most proposals ignore this.
  3. Fix the accounting.? Go to a principles-based approach, and reveal the complexity embedded in securitization and derivatives.? Limit the amount of derivatives that can be written for purposes that do not reduce risk.
  4. Raise the capital required as a percentage of assets, and make the capital required disproportionately rise with the assets.
  5. Fix the risk-based capital [RBC] formula. The banks should copy the appointed actuary function of Life Insurance Companies. Then do industrywide experience studies on asset performance, so regulators will know how risky the assets really are, and then the regulators can feed the results into the risk-based capital formulas, and benchmark what banks lend well and badly by category, which would lead to much better overall risk control, and very frustrated bank managements, because capital would go up, and ROEs down.

Note that I have not mentioned Glass-Steagall.? My view is let banks do what they want with assets, but let the RBC formula limit risky asset categories.? Equitylike risks should be funded with equity.? What could be simpler?? Such a policy would have commercial banks out of equitylike businesses in a flash.

That is the heart of the matter.? But I want to expand on point 3.? Imagine a bank that has bought a Single-A slice of a trust-preferred collateralized debt obligation, 5% of the tranche.? Rather than placing the asset on the balance sheet at the amount paid, the following should happen:

  • The asset side of the balance sheet should have an asset equal to 5% of the assets of the CDO.
  • The liability side of the balance sheet should have two entries — one for 5% of the AAA and AA part of the deal, which are loans levering up the single-A interest, and one for 5% of the BBB and below part of the deal, which provide protection to the single-A tranche.

That is the real economics of the deal, though it is far messier than reporting one single-A bond.? As it happened with the not-so-hypothetical CDO that I describe, the liability for BBB and below is zero now, and the AAA and AA part of the deal have value equal to the loans.

As for swaps, they are an exchange of this for that.? Place this and that on the balance sheet.? Let RBC limit the exposures.

We can get really complex about preventing bank defaults, but the main trick is making sure short-term funding does not run.? A close second, is preventing investment in other financials, which destroys the possibility of contagion.

If we can do those two things, preventing too big to fail will be a breeze.? But who has the guts to do that?

Book Review: ECONned

Book Review: ECONned

Many of you have heard of the blog Naked Capitalism, and its pseudonymous writer, Yves Smith.? Well, she has written what I regard as an ambitious book, ECONned: How Unenlightened Self Interest Undermined Democracy and Corrupted Capitalism.? It is ambitious for several reasons:

  • It tries to be comprehensive about all aspects of the crisis.
  • It digs deeper than most, analyzing flaws in economic and financial theories that underpinned the errors of the crisis.
  • It looks at the political angle of how laws and regulations were subverted, while alleging conspiracy probably too much, when ordinary greed in the open and stupidity could cover the causes of the crisis.

There is a tension between capitalism and democracy.? We don’t like to talk about it, but it is there.? Property rights are human rights, and should be protected.? Governments often determine that certain contracts are not valid on public policy grounds.? (I.e., gambling, prostitution, arson, assassins, etc.)

Democracies also do not like rivals for power.? If business gets too big, to the point where it is influencing the decisions of the government, democracy fights back.? I write this as one who would err on the side of property rights rather than democracy.? Property rights are a direct descendant of the eighth commandment, “You shall not steal,” whereas the form of government of any nation is a thing of relative indifference.? Many nations have different ways of ruling themselves.? It is not yet proven that democracy is the best form of government.? Personally, I think it is more prone to corruption than most governmental forms.? But it has the advantage of motivating the people.

I draw the line when businesses use political power to exclude rivals.? It is one thing to be really clever, and dominate your market, like Google.? It is another to have a natural monopoly like the old AT&T, before technology obsoleted them.? But it stinks to have a system where major financials, who have nothing of patentable value, hold the nation hostage, saying “Bail us out or the financial system fails.”

I argued against the bailouts, as did Yves, but the government caved under the asymmetry of “Heads we win, Tails you lose.”? It came up tails for all of us.

Yves digs deeper than many critics.? She questions the assumptions of the economics profession,with its gloss of pseudo-science.? She pokes at the questionable assumptions underlying much of finance theory.?? She looks at those who got it right regarding the crisis, and were marginalized as a result.? Where I differ is that there isn’t necessarily a conspiracy behind unwillingness to listen to discordant theories.? Academic guilds ignore researchers who question their closely held beliefs, regardless of the truth of the matter.? They know that it couldn’t be true, and the outsider doesn’t really understand their discipline.? I do not charge them with ill intentions, but stupidity.

What I really appreciated about the book was its willingness to challenge academic economics and finance.? She did it well, but left little in her wake as to what to look to as a substitute.? The willingness of economics to engage in pretend games with high level math is ridiculous.? If we restarted economics from scratch today, whether mathematical or not, it would not look like much of the sterile games that are played in leading economic journals.? Ask the question: how many benefit outside the economics profession from what is written in economic journals.? Answer: precious few.

I have many more things to say about this book, but this review is long enough as it is.? Let me say that there are few books that I have marked up as much as this one.

Quibbles

I do not go in for conspiracy theories.? Usually, most evil can be performed outside of darkness; people still don’t notice for the most part.

Yves should have spent more time on the enablers of the crisis — yield hogs.? You can’t buy protection on a company that you think will die, unless there is a yield hog out there that wants extra income that they think they are getting for free.? AIG was the largest of them, but by no means the only one.

She complains a bit much about “free markets.”? Aside from trading with the enemy, why should trade be constrained?? Why should I try to take away the property rights of my neighbor?? Beyond that, suppose you are right.? Where would you draw the lines?? It is one thing to criticize, and quite another to propose new policy.? Personally, I make an effort that when I suggest that something be demolished, that I recommend something else to take its place.? It is easy to be a critic, but hard to be a builder.

Who would benefit from this book:

Most people would benefit from the book, if they read it realizing that the things that happened do not require that parties conspired to make this happen.? Those who would especially benefit include economics and finance professors; they need the criticism.

If you want to buy the book, you can buy it here: ECONned: How Unenlightened Self Interest Undermined Democracy and Corrupted Capitalism.

Full disclosure: The publisher sent me the book for free.? I spent several hours reading it in full.? If you enter Amazon through my site and buy anything, I get a small commission (6-7% typically).? But, your costs don’t rise versus going to Amazon directly.? I have avoided doing a “tip jar” because I would rather people benefit from the books I review, while allowing Amazon to pay me indirectly.

Greenspan versus Reality, Part 2

Greenspan versus Reality, Part 2

Again, Greenspan’s comments are in italics.? Part 1 can be found here.? Greenspan’s full paper can be found here.

Part of the dynamic here is while leverage is increasing, and sham prosperity is growing, there are few that will argue against it, and those who do are regarded as shrill misfits.? In the short run, the powerful in society benefit from the growth of a credit bubble.

The evaporation of the global supply of short term credits within hours or days of the Lehman failure is, I believe, without historical precedent. A run on money market mutual funds, heretofore perceived to be close to riskless, was underway within hours of the Lehman announcement of default. The Federal Reserve had to move quickly to support the failing commercial paper market. Unsupported, trade credit withdrawal set off a spiral of global economic collapse within days. Even the almost sacrosanct fully collateralized repurchase agreement market encountered severe unprecedented difficulties.

We need to dig very deep into peacetime financial history to uncover similar episodes. The call money market, that era?s key short term financing vehicle, shut down at the peak of the 1907 panic, ?when no call money was offered at all for one day and the [bid] rate rose from 1 to 125%.?36 Even at the height of the 1929 stock market crisis, the call money market functioned, though rates did soar to 20%. In lesser financial crises, availability of funds in the long-term market disappeared, but overnight and other short-term markets continued to function.

It is easy to make too many assumptions… that markets that have never failed can’t fail.? To assume depressions can’t happen again.? Any market can become overlevered — ANY MARKET.? Further, collateralized lending has a great tendency to attract bad loans, because lenders overestimate the value of collateral.? Also, all short-term borrowing at banks carries considerable risk, particularly non-consumer funding, because there are no guarantees.

Given this virtually unprecedented period of turmoil, by what standard should reform of official supervision and regulation be judged? I know of no form of economic organization based on a division of labor, from unfettered laissez-faire to oppressive central planning, that has succeeded in achieving both maximum sustainable economic
growth and permanent stability. Central planning certainly failed and I strongly doubt that stability is achievable in capitalist economies, given the always turbulent competitive markets continuously being drawn towards, but never quite achieving, equilibrium (that is the process leading to economic growth).

It is not equilibrium that drives growth, but disequilibrium.? Excess demand drives supply.? Excess supply drives demand.? The concept of equilibrium in economics is almost useless, because the system is too noisy, and the tendency toward equilibrium far weaker than the creativity of mankind creating new products, new markets, new technologies, new needs, etc.

The aftermath of the Lehman crisis traced out a startlingly larger negative tail than most anybody had earlier imagined. I assume, with hope more than knowledge, that that was indeed the extreme of possible financial crisis that could be experienced in a market economy.

Again, the Great Depression was worse, but it would not be impossible to have a crisis worse than that.? People don’t like to think about these things, but jst because they are painful to think about does not mean they can’t happen.

Greenspan goes on to add that bank capital levels need to be raised, but does not note that on his watch, bank capital levels were reduced.? He also comments on how the government standing behind the banks rescued them, but does not comment on the moral hazard engendered by the government intervening.

The rates of return on assets, and equity (despite the decline in leverage, moved modestly higher during the years 1966-1982 owing to a rapid expansion in non-interest income, such as fiduciary activities, service charges and fees, net securitization income, (and later investment banking, and brokerage). Noninterest income rose significantly between 1982 and 2006 (increasing net income to equity to a near 15%) as a consequence of a marked increase in the scope of bank powers.

That in part reflected the emergence in April, 1987 of court sanctioned, and Federal Reserve regulated, ?Section 20? investment banking affiliates of bank holding companies. The transfer of such business is clearly visible in the acceleration of bank gross income originating relative to that of investment banks starting in 2000 (exhibit 15).

Bank profitability exploded after 1986 for several reasons:

  • The Greenspan Put — recessions were never allowed to eliminate bad lending.
  • Securitization — originating loans to sell to others can be far more profitable than holding them on balance sheet.
  • Offering complex loans/services to corporations is more profitable.
  • Offering complex loans/services to individuals is more profitable.

After wallowing in the backwaters of economics for years, ?too big to fail? has arisen as a major visible threat to economic growth. It finally became an urgent problem when Fannie Mae and Freddie Mac were placed into conservatorship on September 7, 2008. Prior to that date, U.S. policymakers (with fingers crossed) could point to the fact that Fannie and Freddie, by statute, were not backed by the ?full faith and credit of the U.S. government.? Market participants however, did not believe the denial, and consistently afforded Fannie and Freddie a special credit subsidy. On September 7, 2008, market participants were finally vindicated.

Greenspan and I can agree here.? There was always a “wink, wink” regarding the guarantees behind the GSEs.? The US Government would never let them fail in entire.

For years the Federal Reserve had been concerned about the ever larger size of our financial institutions. Federal Reserve research had been unable to find economies of scale in banking beyond a modest-sized institution. A decade ago, citing such evidence, I noted that ?megabanks being formed by growth and consolidation are increasingly complex entities that create the potential for unusually large systemic risks in the national and international economy should they fail.? Regrettably, we did little to address the problem.

Give Greenspan a little credit here — he did urge the slimming down of Fannie and Freddie.? But he did little to slim down the growing large banks.? Indeed, he approved the waivers that allowed for the growth in large banks prior to the repeal of Glass-Steagall, approved of the repeal of Glass-Steagall, and waived deposit-share limits on big bank mergers.

The solution, in my judgment, that has at least a reasonable chance of reversing the extraordinarily large ?moral hazard? that has arisen over the past year is to require banks and possibly all financial intermediaries to hold contingent capital bonds, that is, debt which is automatically converted to equity when equity capital falls below a certain threshold. Such debt will, of course, be more costly on issuance than simple debentures, but its existence could materially reduce moral hazard.

I doubt that will work, much as I like free market solutions.? To be effective, that would have to be a large fraction of the liability base.? I doubt we have that many buyers willing to take on “worst of equity and debt risks” at any reasonable yield premium.

However, should contingent capital bonds prove insufficient, we should allow large institutions to fail, and if assessed by regulators as too interconnected to liquidate quickly, be taken into a special bankruptcy facility. That would grant the regulator access to taxpayer funds for ?debtor-in-possession financing.? A new statute would create a panel of judges, who are expert in finance. The statute would require creditors (when equity is wholly wiped out) to be subject to statutorily defined principles of discounts from par (?haircuts?) before the financial intermediary was restructured. The firm would then be required to split up into separate units, none of which should be of a size that is too big to fail.

We can agree here as well.? Using the government as a DIP lender with big complex firms costs the taxpayers little, and makes the consequences fall on those who made the bad investments.

The Federal Reserve and other regulators were, and are, therefore required to guess which of the assertions of pending problems or allegations of misconduct should be subject to full scrutiny by, of necessity, a work force with limited examination capacity.? But this dilemma means that in the aftermath of an actual crisis, we will find highly competent examiners failing to have spotted a Madoff. Federal Reserve supervision and evaluation is as good as it gets even considering the failures of past years. Yet the banks still have little choice but to rely upon counterparty surveillance as their first line of crisis defense.

I’m sorry, but Madoff should have been detectable.? Buyer beware is still the first line of defense, but it should not be the only line of defense.

The global house price bubble was a consequence of lower interest rates, but it was long term interest rates that galvanized home asset prices, not the overnight rates of central banks, as has become the seeming conventional wisdom. In the United States, the house price bubble was driven by the low level of the 30 year fixed rate mortgage that declined from its mid-2000 peak, six months prior to the FOMC easing of the federal funds rate in January, 2001.

Greenspan then goes into a series of statistical arguments that attempt to show that long Treasury interest rates correlated more with mortgage rates than the Fed Funds rate was.? Thus, the Fed was not to blame for the housing bubble.? This misses several points.

  • The Fed exerted a a degree of suasion over the long end of the curve.
  • The FOMC kept short rates low for a long time, and though long rates moved less, still, they moved in the direction of short rates.
  • Mortgage hedgers forced long rates lower given the negative convexity (short optionality) of the market.
  • The Fed had oversight over the banking system.
  • Mortgages became shorter in their effective length as the bubble grew.

The presence of abundant Fed liquidity swamped the markets, and led to low spreads on risky instruments (the Great Moderation).? Greenspan must take responsibility for this, after all he accepted the good side of it while times were good.

To my knowledge, that lowering of the federal funds rate nearly a decade ago was not considered a key factor in the housing bubble. Indeed, as late as January 2006, Milton Friedman, historically the Federal Reserve?s severest critic, in evaluating the period of 1987 to 2005, wrote, ?There is no other period of comparable length in which the Federal Reserve System has performed so well. It is more than a difference of degree; it approaches a difference of kind.?

Friedman was not the Fed’s severest critic.? He accepted its existence.? Many would rather have the Fed done away with, because of the inherent dishonesty of fiat money.? Why does the Fed get to create something that must be accepted as valuable to everyone else?? It is a form of coin-clipping at best.

Greenspan also misses John Taylor’s point with respect to policy being too low for too long.? It is not as if the Taylor Rule uses any asset variables for policy purposes (though a better model might do so).? But the interest rates that the model generates would have an impact on asset prices, and the willingness to build homes, many of which would be excess.

Yes, there were global problems here, with the Chinese over-providing liquidity to the US.? But as I argued at RealMoney at the time, the Fed could have fought that and run an inverted yield curve for some time.? They did not do it, but removed liquidity very slowly.

But the notion of an effective ?systemic regulator? as part of a regulatory reform package is ill-advised. The current sad state of economic forecasting should give governments pause on the issue. Standard models, other than those that are heavily add-factored, could not anticipate the current crisis, let alone its depth. Indeed, models rarely anticipate recessions, unless again, the recession is add-factored into the model structure.

I agree that there is no good way to create a systemic risk regulator, because the Fed creates most of the systemic risk.? Who will regulated the Fed?? Should that not be Congress?

But, I am sorry, the crisis was anticipated by many of us.? Here is the secret, Alan: the area receiving the greatest increase in debt is the area where systemic risk is growing.? Finance is a mature industry.? Large increases in debt are likely bubbles.? After all, given that the accounting rules allow risky loans to recognize credit margins as paid, in the short run it always pays to write risky loans, until illiquidity kills the lender.

=–==–==-=-=-=-=-=-

This is the end of this short series.? Greenspan is a bright guy trying to preserve his legacy, tattered as it is.? The Fed Funds rate had huge impact over the whole economy during his tenure, as he was aggressive in providing liquidity, and led us into the eventual liquidity trap that Bernanke now has to deal with.

fully
33 Greenspan, Alan. Technology and Financial Services. Before the Journal of Financial Services Research
and the American Enterprise Institute Conference, April 14, 2000.
34 Yields on riskless longer maturities can fall below short-term riskless rates if tight money persuades
investors that future inflation will be less.
35 Hugo B?nziger, chief risk officer at Deutsche Bank. Financial Times, November 5, 2009.
19
collateralized repurchase agreement market encountered severe unprecedented
difficulties.
We need to dig very deep into peacetime financial history to uncover similar
episodes. The call money market, that era?s key short term financing vehicle, shut down
at the peak of the 1907 panic, ?when no call money was offered at all for one day and the
[bid] rate rose from 1 to 125%.?36 Even at the height of the 1929 stock market crisis, the
call money market functioned, though rates did soar to 20%. In lesser financial crises,
availability of funds in the long-term market disappeared, but overnight and other shortterm
markets continued to function.
Dumb Regulation is Good Regulation — How to Regulate the Banks

Dumb Regulation is Good Regulation — How to Regulate the Banks

Should regulation be dumb?? In one sense yes, in others, no.? It really depends on how well the regulators understand the risks involved, and how much they can encourage professionalism among profit center heads and risk managers.? As those two increase, regulation can be smart.? ?Follow these detailed rules to calculate the capital you need to be solvent 99% of the time.?

But when either of those two aren?t true, dumb regulation may be in order:

  • Strict leverage limits, reflecting the worst outcome from underwriting poor quality loans.
  • Disallowing risky types of lending, regardless of capital level.
  • Disallowing liabilities that can run easily.
  • Disallowing products that commonly deceive buyers.
  • Disallowing certain types of contracts that fuddle accounting.
  • Those regulated may not choose their regulator.? The highest regulator assigns a regulator to you.? The highest regulator must evaluate the jobs that lower regulators are doing, and eliminate/lessen regulators that do not use the powers they have been granted, and get co-opted by those that they regulate.

If everyone were smart, things could be different.? Deceiving people would not take place, and managements would not take undue risks.? Limits could be looser, and products would be designed for discriminating buyers.

But, face it, we are dumber than we think, myself included.? Consumer choice is a good thing, though it implies that some will be deceived, no matter where one places the line of demarcation.? Along with that, some bank will not fit the rules and go insolvent, though it previously passed the solvency tests.

Dumb Regulation: Insurance in the US

My poster child for relatively good dumb regulation is the insurance industry in the US.? The industry is far less free-wheeling than the banking industry, and under most circumstances, the solvency margins are set high enough to have few insolvencies.? There is room for improvement, though:

  • Make risk based capital charges countercyclical.? Perhaps tinkering with the Asset Valuation Reserve would do that.
  • Have some sort of rigorous testing for capital relief from reinsurance treaties.
  • Ban surplus notes in related party transactions.
  • Ban all forms of capital stacking, especially where the transactions go both ways.? I.e., subsidiaries can?t own securities of any companies?in their corporate family.? All subsidiaries must be owned by the holding company.
  • More rigorous testing for deferred tax assets.
  • Assets as risky as equities, including limited partnerships, should be a deduction from capital.
  • Securitized bonds that are not ?last loss? should have higher RBC charges than comparable rated corporates, because loss severities are potentially higher, and assets that are originated to securitize are always lower quality than those held on balance sheet.
  • A standardized summary of cash flow testing results should be revealed.

As for the banks, they need to do that and more:

  • Insurance companies list all of their assets.? Banks should as well.
  • Intangible assets should be written to zero for regulatory capital purposes.
  • Risk-based capital standards need to be tightened to at least the level of insurance companies, if not tighter.
  • Some sorts of lending to consumers should be banned.? I am talking about complex agreements, that individuals with IQs less than 120 can?t understand.? Insurance policies have to be Flesch-tested.? Bank lending agreements should be the same.? If some argue that the poor need access to credit, I will say this: the poor need to get off of credit.? Credit is for the upper-middle-class and rich.? Poor people should not go into debt.
  • Standardized summaries of terms and fees must be created for consumer lending, with large, friendly letters, and simple language that all can read.

What I am saying is that accounting has to be more conservative, and that regulators have to require larger amounts of capital to support their business, particularly at the banks.? Financial products must be made simpler for consumers to understand.? More transparency is needed everywhere, and if the financial companies complain, tell them that they will all be in the same goldfish bowl, so no one will gain an unfair advantage.

Preventing Too Big to Fail

As part of preventing too big to fail, the Risk based capital [RBC] percentage should rise with the amount of risk-based capital.? Say, when RBC gets over $10 billion, the percentage of capital needed for RBC grades up to 50% higher than the level needed at $10 billion by the time RBC gets up to $50 billion.

Here is my example of how it would work:

Equity [RBC]

Assets

E/A Ratio

Marginal E/A Ratio

Marginal Income

Income

ROE

Marginal ROE

10.00 100.00

10.00%

10.00%

2.00

2.00

20.00%

20.00%

26.25 200.00

13.13%

16.25%

1.90

3.90

14.86%

11.69%

42.50 300.00

14.17%

16.25%

1.80

5.70

13.41%

11.08%

58.75 400.00

14.69%

16.25%

1.70

7.40

12.60%

10.46%

75.00 500.00

15.00%

16.25%

1.60

9.00

12.00%

9.85%

I have assumed that firms undertake their highest ROE projects first, and do progressively lower ROE projects later.? Now, by raising capital requirements on bigger firms, a common response is, ?Well, then they will just take on riskier loans to compensate.?? Sorry, but that dog don?t hunt.? If they take on riskier loans, their RBC goes up even more rapidly, because loan quality is reflected (or, should be reflected) in RBC formulas prior to adjustment for bank size.

More Dumb Regulation

Dumb regulation bars certain lending practices, and raises capital levels higher than is needed over the long run.? So be it.? Smart regulation is far more flexible, and trusting that companies and consumers know what they are doing.? Unfortunately, when financial firms fail, there are often larger repercussions.? It is better to limit regulated financial companies to businesses where the risks are well-understood.? Let the less understood risks be borne by those outside the safety net, and bar those inside the safety net from holding any assets in those companies.

That brings me to the Volcker Rule, which is a good example of dumb regulation.? My preferred way would be to do something similar through adjusting the risk-based capital formulas ? Equity-like risks should be funded through a 100% allocation of equity. Few banks would take on that level of speculation at that level of capital used.

If you need proof, look at the life insurance industry. Companies used to hold a lot more equities prior to the tightening of RBC rules. Now they hold little, except at a few mutual companies that are flush with capital.

That also has preserved the insurance business in this crisis, leaving aside mortgage and financial risks, where the state regulators still have no idea what they are doing ? that a proper reserve level would leave most of the companies insolvent today, but had it been implemented ten years ago, would have preserved the companies, but eliminated much of their profits.

At the Treasury meeting with bloggers in November 2009, I commented that the insurers were better regulated for solvency than the banks.? One of the reasons for that is that they do harder stress tests, and they look longer-term. Life and P&C insurers survive the process because of better RBC standards, and ?scaredy cat? state regulators. What a great system, which prior to the crisis, was criticized as behind the times.? (I suspect that if we ever get a national regulator of insurance, there will be a big boom and bust, much as in banking at present. It is easier to corrupt one regulator than fifty.)? The more state involvement in bank regulation, the dumber (better) bank regulation will be.

What to Do

So, if one is trying to regulate banks for solvency, there are seven things to do:

  • Set risk-based capital formulas so that few institutions fail.
  • Make it even less likely that larger institutions fail.
  • Limit the ability of financial institutions to invest in other financial institutions.
  • Regulators must benchmark the underwriting culture, and raise red flags when underwriting is poor.
  • Insure that equity is truly equity.
  • Institute a code of ethics for risk managers.
  • Make sure that balance sheets fairly reflect derivatives.

It is almost always initially profitable to borrow short and lend long.? That said, it is a noisy trade.? Who can be sure that short rates will remain below the rates at which one invested long?? Another component of a good risk-based capital formula is that there is no investing in assets that are longer than the liabilities that fund the financial institution.? (For wonks only: regulated financial institutions should be matching assets versus liabilities as their most aggressive posture.? Unregulated financials can do what they want.? And no investing in unregulated financials by regulated financials.)

One of the great subsidies banks get is the cheap source of funds through deposits.? It is only cheap because depositors know the FDIC is there.? The FDIC should raise its fees to absorb that subsidy back to the taxpayer.? Keep raising it until you see banks begin to shift to repo and other short-term sources of funding.

As a clever old boss of mine once said, ?A banks liabilities are its assets, and its assets are its liabilities.?? The idea is this ? banks that focus on their deposit franchises have something of real value ? that is hard to replicate.? But any bank can invest their funds aggressively, which will lead to defaults with higher frequency.? It is true of insurers as well, most financials die from bad investing policies, and short-term liabilities that require complacent funding markets.

That?s why there has to be a focus on liabilities in regulating solvency.? Financial institutions, even simple ones, are opaque.? Most die from the deadly combo of illiquid assets and liquid liabilities.? Those that have funded the bank in the short run refuse to roll over the loans at any price.? Assets can?t be liquidated to meet the call on cash, and insolvency ensues.? Those that have read me for a long time know that I don?t buy the malarkey that some managements will trot out, ?We?re not insolvent; we merely have a liquidity crisis.?? Hogwash.? You took too much risk, because the first priority of risk control is liquidity management.? Assets are only worth what you can sell them for, or, what cash flows they can generate.? If assets can?t generate cash flows or sale proceeds adequate to service liabilities, then you are insolvent, not merely illiquid.

Cash flow testing for banks should focus on the ability of the bank to finance itself without recourse to selling assets.? To the extent that selling assets is allowed in modeling, they must be Treasury quality assets.

The essence of a good risk-based capital formula is that it forces intelligent diversification, and forces adequate liquidity.? No assets should be bought that the liability structure of the bank cannot hold until maturity.? There should be no concentration of assets by class, subclass, or credit, that would be adequate to lead to failure.

My view is that a proper risk-based capital regime would start with asset subclasses, and double the capital held on the largest subclass, and 1.5X the capital on the second largest subclass.? After that, within each subclass, the top 10 credits get twice the level of capital, the next 10 1.5x the level of capital.? Having managed assets in a framework like this, I can tell you that it creates diversification.

Beyond that, no modeling of asset correlations would be brought into the modeling because risky asset correlations go to one in a crisis. Any advantage derived from diversification should be accepted as earned, and not capitalized as planned for.

Securitization deserves special treatment: risk based capital should higher for securitized assets versus unsecuritized assets in a given ratings class, because of potentially higher loss severities, and assets that are originated to securitize are always lower quality than those held on balance sheet.? Capital charges should be raised until banks don?t want to securitize as a matter of common practice.

Eliminating Contagion

In order to avoid systemic risk and contagion, banks should not lend to or own other financial firms.? That would end contagion.? At least that should be limited to a percentage of assets, or through the RBC formula. Think of it this way, financials owning financials is a form of capital stacking across the country as a whole.? In a stress situation it raises the odds of a deep crisis.? Setting a limit on the ability of financials to own the assets of financials is the single most important step to avoid contagion.? I would set the limit at 5% for equity, and 20% for debt.

Regulating Underwriting

Most of the real risks came from badly underwritten home mortgage debt, whether conventional, Alt-A and Jumbo, or subprime.? Underwriting standards slipped everywhere.? Commercial mortgage lending hasn?t yet left its marks ? there is a lot of hope that banks can extend maturing loans rather than foreclose and take losses.

For much but not all of this crisis, it was not a failure of laws but a failure of regulators to do their jobs faithfully. ?Regulators should have looked at indicators of loan quality, and raised red flags when they saw standards deteriorating.? Where I worked, 2003-2007, we saw the deterioration, and were amazed that the regulators had been neutered.

Let Equity Be Equity

Beyond that, there was a dearth of true equity, and a surfeit of preferred stock, junior debt, trust preferreds, and particularly, goodwill. ?Equity has to reflect assets that are high quality and that are not needed to support short-term obligations from the cash flow tests.

Code of Ethics for Risk Managers

One reason the banking industry is worse off than insurance, is that they don?t have many actuaries.? Actuaries have a code of ethics.? They tend to be ?straight arrows? telling it like it is.? Bank risk managers need the same thing, together with the rigorous education that actuaries receive.? Accept no substitutes: CFAs and CERAs are no match for FSAs.

Reflect Derivatives Properly

Derivatives must come onto the balance sheet for regulatory purposes, revealing leverage increases/decreases, counterparty risk, overall sensitivity to the factors underlying the contracts.? Any instrument that can cause cash to flow at the regulated entity should be on the regulatory balance sheet.

Other Issues

I would not create a prospective guarantee fund. The insurance industry has a retrospective fund that has worked fairly well.? ?Do you really know what it would take to create a macro-FDIC, big enough to deal with a large systemic risk crisis like this one?? (The FDIC, much as it is pointed out be an example, is woefully small compared to the losses it faces, and it is not even taking on the large banks.)? It would cost a ton to implement, and I think that large financial services firms would dig in their heels to fight that.? Also, there would be moral hazard implications ? insured behavior is almost always more risky than uninsured behavior.

Though it is not bank reform, we need to end the Greenspan/Bernanke Put.? The Fed encouraged risk-taking by the banks by not allowing recessions to damage them.? They tightened too late, and loosened too early, and that pushed us into a liquidity trap. Monetary policy that is too loose creates perverse incentives for the solvency of financial institutions in the long run.

Bonuses to executives skew incentives.? Bonusing a financial executive on current earnings creates perverse incentives.? It is a form of asset/liability mismanagement, because cash flows in the short run, while the value of the institution is a long-run issue. Far better to incent using long dated restricted common stock.? The only trouble is, it doesn?t incent as well as cash.? Tough, sorry, but that is a loss that must be accepted for the good of the system as a whole.

Summary

Dumb regulation is good regulation.? Regulators should be risk-averse, and take actions that limit ROEs for banks in order to promote solvency, and reduce the likelihood of liquidity crises.? The remedies that I have proposed here will do just that.? May we use them to regulate our financial sector better, for the good of all in our nation.

A Few Notes From the Fordham Conference

A Few Notes From the Fordham Conference

I will have a more comprehensive post tomorrow on my thoughts on bank regulation, but I will offer a few thoughts here.? One thing I found interesting at the conference was what did not get much play in terms of what helped to create the crisis.

It was fascinating that no one talked about why the US bailed out holding companies, rather than letting them fail, and merely backing up the operating subsidiaries. This is significant.? The moment you put money into a holding company, it goes everywhere.? Regulators should only care about operating subsidiaries, and let the holding companies fail; let the costs be borne by the stockholders and bondholders of the failed company, but protect the regulated entities.

Also, few fingered the Fed?s monetary policy, where Greenspan and Bernanke created a culture of lenders who knew that the Fed would ride to their rescue when thing got modestly tough.? Unlike William McChesney Martin, who joked that the Fed?s job is ?to take away the punch bowl just as the party gets going,? Greenspan and Bernanke were slow to remove the punch bowl, and quick to bring it back, creating lenders who would rely on the Fed to allow them to take too much risk.

Another miss was not blaming the failure of neoclassical economics to explain, much less predict the problems that we experienced.? Why invite any neoclassical economists at all to the conference?? The few economists that were ahead of the asset bubbles were ignoring neoclassical economics.? Neoclassical economics is a failed discipline that needs to be replaced by something that realizes that applying math to economics does not yield significant increases in understanding.? The Austrians, those who follow Minsky, and the non-linear dynamic school understand what is going on better, because they treat economics the same way we understand ecology.? And, no, applying math to ecology doesn’t help that much.

Preventing Too Big to Fail

There are three main ideas as I see it, in preventing “Too Big to Fail.”? The first is changing risk-based capital [RBC] policy to raise capital requirements on larger institutions.? Use RBC to discourage banks from getting too large.

The second idea, which also wasn’t talked about much at the conference, was to limit regulated entities from owning or lending to other financial institutions.? Do you want to limit contagion?? Well, if you do, you must limit the amount that regulated banks own of/lend to other financials.? That even applies to subsidiaries with the same ownership group.? Keep it clean.? If you are going to have financial holding companies let them own all subsidiaries directly to avoid capital stacking.? Ban cross-guarantees among subsidiaries.

The third idea, which I have touched on is that regulators should ignore holding companies and never, never, NEVER bail them out.? Bailouts should only come to regulated entities, and only after the resources of the holding companies have been drained to zero.

On Detecting Fraud

I appreciate what was said on detecting fraud by one presenter: check for adverse selection, honest businessmen won?t do business that way.? Also, it never make sense for a secured lender to accept inflated appraisals.? In short, the originate to securitize model allows originators to make substandard loans that they will not hold onto.

This is why I say look for gain-on-sale accounting. There is something perverse about making money simply because a sale is made.? Under the GAAP principle of release from risk, which I believe is misapplied, financial entities should recognize profits more slowly than is the current practice.

When I was a buy-side analyst, I would analyze a company’s management culture for short-termism. Any management team that seemed too aggressive would get negative marks in my book and I would avoid them, or short them.

Remember you can never get pricing, volume and quality at the same time in lending. Companies that go for volume, or sacrifice quality are begging for trouble.? Financial companies are in a mature industry, so beware companies that grow fast.? Also beware of long dated accruals.? Accrual quality declines with length of time until payment and likelihood of payment.

Those that want to have regulators war-game future problems and predict black swans have their work cut out for them, even considering what I have said already.? But most of their attention should be fixed on the areas of the market where the greatest increase in lending is occurring.? Where debt is increasing the most is usually the area where there will be the most financing problems in the future.

One more note for regulators: look at the high short interest.? The shorts are doing you a favor.? They spend a lot of time analyzing who they think is cheating the system, and then they put their money on the line.? I would tell regulators to use the shorts as a guide.? Don’t automatically trust that there is something wrong, but use it as a guide to now begin your own due diligence into the solvency of the financial institution in question.

More Tomorrow — until then.

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