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Useless, Or Worse Than That
The government's recent efforts to fix the financial mess won't do much good--and could do a lot of harm

Gary Townsend
Posted 02/17/2009
Hill-Townsend Capital
gary.twnsnd@gmail.com

They’ve likened the economy to a nasty car crackup, so it’s fair to ask whether our Congressional/Treasury/regulatory authorities are hauling the wreckage off the highway so traffic can start moving again, or whether they’ve blocked the highway with their emergency equipment and made the backup worse. I’m not optimistic. Let’s look at what’s been done, proposed, and what’s next in store:

The Debutante.  Secretary Geithner’s debut last Tuesday was a dismal failure. The reason: style matters, and Geithner’s political skills appear well below his pay grade.  Worse, he was ill-prepared.  His audience expected particulars.  Instead, he offered doomsday rhetoric that gratuitously heightened doubt and uncertainty.

The Banking “Plan”.  The only definitive item in Geithner’s presentation was the plan to “stress test” banks with assets of more than $100 billion, in order to determine whether and how institutions would receive future government lucre.  But stress-testing is nothing new, and is expected in an environment such as this one.  All large banks already stress-test their loan and investment portfolios.  As Tom Brown notes, stress-testing is not an especially useful all-purpose test, so it’s doubtful that it can be the centerpiece of the Treasury’s plan, or that it signals an important regulatory or policy change.  After all, regulators continue to close insured institutions every weekend. 

The Mortgage Foreclosure “Plan”.  While it’s become pretty clear loan modifications don’t do much to help delinquent borrowers, Congress has nonetheless demanded that lenders do more to mitigate foreclosures. The administration has scheduled announcement of its $50 billion plan Wednesday. Recall that the OCC and OTS jointly published a report last fall that found that that 54% of modified loans re-default within six months.  So is this only a matter of throwing good money after bad?  Unfortunately, no. The government’s push to mitigate foreclosures has introduced game theory and moral hazard into mortgage markets by encouraging responsible homeowners to act less responsibly.  Foreclosure moratoriums, principal cramdowns, and the like threaten to permanently impair mortgage securitization mechanisms, and will likely lower the mark-to-market value of most asset-backed securities, regardless of their cash flow and credit performance.  In last week’s House Financial Services Committee’s hearing/show trial, Goldman Sachs CEO Lloyd Blankfein testified that mortgage cramdowns could cause less capital to flow into mortgage markets. It bears mentioning that the value eroded by irresponsible government actions will increase investor losses and taxpayer costs worldwide.

Congressional Hearings.  And speaking of last week’s TARP accountability hearings, could anything better prove the old aphorism that that legislatures are meetings of idle people?  How did these hearings serve the Treasury’s goal of attracting private capital to the banking sector?

Executive Pay Caps.  There is probably no better example of legislative excess than the spectacle of Banking Committee Chairman Senator Chris “Friend of Angelo” Dodd inserting new and retroactive pay caps on bank executive compensation.  Dodd is in trouble with his constituents back in Connecticut, where the Hartford Courant has reported the evolution of his many explanations for his sweetheart Countrywide mortgages. Congress should not be in the business of dictating private-sector compensation. It’s outrageous that this Senator, in particular, wants to get into the act. 

Mark-to-Market Accounting.  It continues to amaze that our authorities won’t even speak of the principal root causes of this wreck, namely mark-to-market accounting for illiquid and hard-to-value investments.  FAS 157 valuations are unrealistic even as the rule creates very real capital adequacy and insolvency problems in banks, insurers, and others.

No doubt some vital issue is missing from this list, but it’s hard to conclude that our public servants are on the job.  They’re either ill-prepared, working at cross purposes, covering keisters, practicing legislative legerdemain, rubbernecking, or actively contriving to make serious problems worse. 

No surprise that you and I are caught in the gridlock, left to wonder when the traffic will flow again.

What do you think?  Let me know!


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Finance 101 Posted On 2/18/2009 11:41:20 AM

DEAD ON......Bankers at all levels are reconsidering their career moves today. The Shadow Banking system will grow at the expense of Bank investors in the long run. The US Bank CEO in presentation to Lutheran Leadership Program was the most candid about the mud wrestling being done by Congress, Whitehouse, and Regulators. Mirrors the comments from Ken Lewis' on Merrill Lynch lynching. Now our spooks in Washington are floating the nationalization of banks balloon. Not good when politicians control creation of money. After all elections are a little bit more than a popularity contest. Time to hose them all down and send them home.

Erich Riesenberg Posted On 2/18/2009 11:47:06 AM

"The government’s push to mitigate foreclosures has introduced game theory and moral hazard into mortgage markets by encouraging responsible homeowners to act less responsibly." Fancy words coming from someone who thinks insolvency is a myth and wants the government to prove it. "Congress should not be in the business of dictating private-sector compensation." Of course not, kind sir. Pay caps apply only to taxpayer funded banks. You should understand this, at the least.

jsc173 Posted On 2/18/2009 11:48:52 AM

Can you spell "P-A-Y-B-A-C-K"? Most of what is in the stimulus and the plan announced today falls into the general category of everything that the Bush administration didn't want to do and was able to successfully block in Congress. And for those things the Bush administration tried to get, but got blocked? They'll not see the light of day.

Erich Riesenberg Posted On 2/18/2009 11:50:32 AM

"The government’s push to mitigate foreclosures has introduced game theory and moral hazard into mortgage markets by encouraging responsible homeowners to act less responsibly." Fancy words coming from someone who thinks insolvency is a myth and wants the government to prove it. "Congress should not be in the business of dictating private-sector compensation." Of course not, kind sir. Pay caps apply only to taxpayer funded banks. You should understand this, at the least.

Jon Bruss Posted On 2/18/2009 12:40:08 PM

Gary, You hit six nails squarely on the head. Is anyone listening (or reading)? JCB

Ole Holsti Posted On 2/18/2009 2:07:10 PM

The good side of pay caps is that it might drive the incompetents into other jobs. But if the forks at Bank of America, such a Ken Lewis, seek employment in the fast food industry, first I would want some assurance that they can follow the basic rules of cleanliness--for example, to wash their hands after going to the bathroom. Let the stockholder--who own the company--have the final say on salaries.

First Coast Wave Rider Posted On 2/18/2009 2:41:35 PM

Gotta agree with you except on the issue of MTM accounting being "the principal root causes of this wreck." The principal root cause goes back to Republicans (for economic reasons) and Democrats (for social and economic reasons) meddling in the home mortgage market. Both parties encouraged Fannie and Freddie to lower their underwriting standards for purchased loans thus creating demand for loans which were underwritten to lend to borrowers would never be able to repay their loans. So the root cause was government meddling. So what has the Obama/Bush crowd proposed as a solution?.... more government meddling. Hmmm.... I wonder how round 2 of government meddling is going to turn out? The stock market has already mades its prediction.

mopedman Posted On 2/18/2009 3:50:42 PM

I would describe the congressional TARP hearings like this...Guilty dog barks first! When you try to place blame between the rich Wall Street moguls who gave the congress people whatever it took to get the rules changed you have to say they are both guilty but only one is paid to take care of us. I like Obama and I'm for the people but i'd have to ask he and Geithner how they did it...spend this much money and send the markets down! If we have people here who love this I would ask..How many good economies (which means jobs) have they seen during a stock market fall? Nationalization alert! Be especially wary when it comes from a Republican. The shareholders in the US who to our government apparently are right up there with the maggots would get nothing. The bondholders would possibly get some money and the rest in the new bank stocks. Who are the bondholders? The Senators friends.

fear itself Posted On 2/18/2009 11:25:04 PM

While growing up in the late 50s and early 60s we practiced air raid drills in school and lived in fear of a communist takeover of this country. We needn't have feared the Russians. But we were right to be afraid of the Communists. And now, they're here. Alive and well in Washington.

Ken Greenberg Posted On 2/19/2009 12:36:57 AM

Can anyone explain why, if foreclosures are, what - 10% or could it be up to 20% of ALL mortgage loans - why banks are writing their mortgage-backed securities to practically zero? Is this whole banking mess really an MTM exaggeration?

halconnoche Posted On 2/19/2009 9:26:54 AM

I agree with everything but the mortgage foreclosure plan. People who have not paid their mortgage in the past will not step up and start acting responsibly now. Where are they going to find the money to start paying their mortgage now if they couldn't six months ago? Leopards don't change their spots. All this plan will do is artifically prop up housing for a while and not let market forces work. We are delaying the inevitable. The dog and pony show on capital hill last week was ridiculous. The people that are at the genesis of all this mess are mad because these bankers ruined their party. They are a den of vipers and a brood of theives. Our govt is reaching the levels of corruption that are seen in Mexico.

Texascommunitybanker Posted On 2/19/2009 10:01:02 AM

Spot on, Mr. Townsend. So this is what a Populist plan to save the economy looks like? Porkbarrel spending and mortgage cramdowns? This may be the "red meat" some of the American Public wants but believe me it has chilled the equity markets and it will bring mortgage lending to a sreeching halt! What banker in his right mind will make mortgage loans to portfolio when the terms can be altered at any time? And who will buy the "securitzed mortgages" if such animals will ever exist again? Increase lending by banks, under these terms? Preposterous! I want this Administration to succeed... it has to for the sake of the U.S. but the way they are going about it is setting us up for a long bout of bad economic times! I pray I am wrong....

KC Kid Posted On 2/19/2009 4:48:50 PM

Ken Greenberg..... Yes. Sometimes an analogy helps.-------------------- If you were to "Mark to Market-ize" (M2M-ize) the cruise control on your car you would need to reverse the action it now takes when your car slows down or speeds up. -------- As the car slows down instead of pushing the accelerator pedal down to speed the car back up, as a normal cruise control would do, the M2M-ized version would instead let up on the pedal. --------- Thus the car would slow down even more causing the M2M-ized cruise control to lift the pedal up even more. --------- This cycle would be repeated until the engine eventually was at idle and the car stopped moving or was moving at minimum speed (assuming a flat road). Of course the reverse is also true. --------- So when this type of seemingly logical MTM concept (yet improper feedback) is introduced into the banking system it tends to help produce (destabilizing) boom and bust cycles especially when marks are coming from a thin and jittery market. It isn't the only cause but it clearly amplifies the problem especially in a naturally leveraged system like banking. Leverage acts as feedback amplification which is potentially very damaging in positive feedback (destabilizing) loops. --------- Cruise controls on cars use negative feedback (stabilizing) loops not the positive feedback (destabilizing) loop created in the analogy of the MTM-ized cruise control on your car. That's why the normal cruise control works so well. It's dynamic feedback systems 101.

KC Kid Posted On 2/19/2009 4:59:02 PM

Excellent article Gary............. and right on Texascommunitybanker.
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