1/01/08 –

 

On 12/31/07 the S&P 500 closed at 1468, resulting in a total return of 5.49% for the year, and undervalued by 39% on an error correcting basis. One year ago, the undervaluation was 46%. We are cautiously invested in non-cyclical equities, below our normal equity target. We are assuming that the U.S. will fall into a moderate recession in 2008, slowing economic growth compounded by the credit crisis.

 

Market Analysis

 

If there is a recession, the U.S. stock market will follow the economic fundamentals downwards. We are not going to buy the dips; we think that waiting for the stock market to stabilize at a lower level, as the credit markets resolve their various problems, will be a better course.

 

Reason

 

The economic problem in the headlines is, of course, the subprime mortgage problem and its effect on broker/dealer writeoffs, at both the specialized firms and the major international commercial banks. Assuming a 10% drop in home prices from the peak and using OECD and a Street assumption, we estimate that the total writeoffs of three problem assets: subprime mortgages, their derivatives, and specialized investment vehicles at the ten largest broker/dealers and commercial banks could be $130 billion1, or 24% of the industry’s $550 billion book capital in August. This estimates the permanent loss of capital to the existing shareholders of these companies. All other issues aside, the government sovereign wealth funds now providing some of the replacement capital will demand more conservative business practices.

 

This analysis suggests a general direction and a reason for our caution. A continued drop in house prices would have a continued negative effect upon the rest of the economy and on other loan assets.

 

Implications

 

The subprime problem more generally affects credit creation. Central to the nature of this financial crisis is the concept of credit that enables the banks to finance real GDP growth.

 

Under the traditional fractional reserve system controlled by the Fed, the depository banks used their deposits to make loans, withholding a fraction of their deposits at the Fed. The amount of credit the entire banking system could create was thus limited. In the last decade, this system has broken down as the ever inventive capitalist economy created new forms of credit to finance transactions, not under the control of the Fed. The banks sold their commercial and subprime loans to other investors and to structured investment vehicles, funded in the short-term commercial paper markets. They could then make more loans from the same deposit base.

 

Since the shutdown of the structured finance and commercial paper markets, unmarketable mortgages and returning commercial loans have increased the loan assets at the commercial banks, securitization in reverse. According to Fed statistics, between 10/06 and 10/07, the largest U.S. commercial banks expanded commercial and residential loans by 11.4%; but probably including writeoffs, their book net worth expanded only by 2.6%. This process of involuntary lending cannot continue at that rate. Additional writeoffs will impair the commercial banks’ ability to expand credit to the rest of the economy, their net worths affected by both direct commercial and real estate subprime loan losses, and structured finance losses.

 

Some say that the effect of these losses on the banks’ ability to create credit will be around 10X these writeoffs, in this case $1.3 trillion or more than 9% of GDP. Due to the profitabilities of the banks’ other non-subprime businesses and foreign capital investments, we think the impact of these writeoffs will be less drastic – but there will be an effect. OECD writes, “(these writeoffs) would lead to some periods of instability in the credit supply process.”

 

Portfolio Strategy

 

Equity investing requires optimism, but the basis for that optimism must be realistic. We think that a recession is already baked into the cake by currently large imbalances, in real estate supply and its financing. We have invested mainly for income; there is nothing wrong with being paid to wait. The stock market will have to meet two value criteria and, admittedly, one technical before we increase our asset allocation to common stocks. At some point, the markets will begin to resolve their widespread credit problems with increased transparency and reduced complexity.

 

 

1 As of 12/20/07 these firms have announced, or Wall Street has estimated, $62.0 billion in third and fourth quarter structured finance writeoffs.

 

 

1/22/08 –

 

The S&P 500 has dropped 10.7% since the beginning of the year to 1310. Other markets abroad extended their losses for the year as investors abroad saw increasing unknowns in the U.S. and the world economies. The general reaction has been to head for the lifeboats.

 

Since we are value investors, making a distinction between market prices and a permanent loss of capital, we certainly don’t see lower prices as a reason to sell. But neither are presently decreasing prices any particular reason to buy. We don’t think that housing prices, bank loan portfolios, and the U.S. stock market have bottomed. Keynes wrote, “In the main…slumps are experiences to be lived through and survived with as much equanimity and patience as possible.”

 

 

2/1/08 –

 

Why do business downturns occur? Since the economy fluctuates, business downturns occur because there are business upturns. As is obvious this time, a business downturn will error correct the excesses to which the capitalist economy is prone.

 

Over the years, the market economy has developed sophisticated institutions. The Fed, however, can only ameliorate recessions. It cannot eliminate them due to the error correcting nature of markets and to the decision maker’s imperfect information *. The Fed’s likely strategy under these conditions is to stabilize output when inflation is low and then aggressively hike rates when the economy-wide expectation of inflation begins to increase.

 

Unfortunately, this cycle, two of the three major monetary policy channels for stabilizing output are not effective. Early cyclical real estate is in excess, and consumer debt is at an unsustainable level. That leaves only business investment, which currently remains high but could also drop. The Fed’s strategy is to lower rates rapidly to do what it can to stabilize output; the dollar will suffer the consequences until the rest of the world also starts cutting rates. The use of fiscal policy to stimulate the economy is limited by the budget deficit.

 

The U.S. and, perhaps, the international economies are in for a bumpy ride. Patience is a virtue while the economy clears the stage for future growth by the necessary current writeoffs ** and perhaps by a government program.

 

 

* This Fed article is in mathematics. A decisionmaker with a “quadratic loss function” is happiest when results are on target, and less happy when results deviate from that.

 

** This AICPA accounting bulletin raises some interesting issues. Benjamin Graham’s Mr. Market now mandates large subprime writeoffs, having previously signaled a large investment. Could the whole subprime problem have been avoided in the first place by being somewhat rational over the long or even medium-term? The information then available to do this was not imperfect; it was almost causal.

 

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An authority on the subprime debacle recently spoke. The problem was not the general irrationality of the market, but the short-term hyper-rationality of the borrowers (who were given the money by lax lenders), the investment banks (that sold the CDO paper to earn their fee, and got caught when the music stopped), the rating agencies (that sold their AAA rating for a $600,000 fee on a transaction that closed, rather taking a $25,000 inspection fee for saying “no”), and finally hypo-rational investors who relied upon the rating agencies to rate their opaque and confusing tranches.

 

The sum total effect of this long chain was irrational market behavior in the short-term. In this chain of woe, a healthy investor skepticism would have resulted in a more rational credit market, requiring less error correction. In the long-term no one was rational – that is, considered the consequences of their actions. Borrowers got houses they couldn’t afford; the financial companies degraded their franchises; and investors lost their capital.

 

It is not possible to control risk without also considering the underlying investment fundamentals. In finance, it is possible to be too smart. The pyramids of financially engineered paper: the CDOs, CDO2, CDO3, and credit swaps are now collapsing. To mix a metaphor; as the environment changes, these layered icebergs are now crashing into an opaque sea of market illiquidity. We remember seeing a television show about global warming; when the icebergs are crashing, its better to be cautious.

 

 

3/1/08 –

 

Will the recession look like a “V”, a “U”, or a “L”? This could affect a decision to increase our asset allocation to stocks. To say, for instance, that the economy will recover by midyear assumes that this recession will be mild like the ones of the recent past, and that the recovery will look like a “V”.

 

We have analyzed the consequences of a mild recession upon financial company earnings. What will be the actual recession’s duration? Its going to take a while. The recession’s causes are housing related, it is becoming widely consumer based, and the credit structures seizing up the financial markets are very complex. What began as a somewhat limited subprime mortgage problem has now become a pervasive structured finance problem *. At a G7 meeting on 2/9/08 Fed Chairman Ben Bernanke was quoted as saying that while housing prices are falling, it is not possible to determine how long and deep this crisis will be. We think that targeted measures to stabilize the housing market are necessary for the financial system, with all its complications, to recover. Government efforts should be focused directly on the housing problem. From congressional testimony on 2/14/08, we sense that the lawmakers and regulators are very concerned with this financial crisis.

 

 

* There was a fundamental credit flaw in many structured finance investments. The constituent subprime loans did not have cash flow margins of safety. Mathematics and statistics imply precision, making packages of risky loans appear as safe ones. Investors were not aware of the difference between simple statistical distributions and reality. Very good events or bad events can also happen.

 

Economics is a social science. Peter Bernstein observes that Nobel laureate economists disagree on where the border between theory and reality lies, not on the theory. In 1921, the economist Frank Knight made a crucial distinction between risk and uncertainty. Risk is when the distribution of the alternatives can be calculated a priori or specified from historical experience; uncertainty is when it can’t be, because the instances are to a high degree unique. 

 

To make decisions about events you have to know the specifics of what’s happening, rather than the operation of some statistical law. That’s why judgment and a long-term margin of safety, just in case, are good ideas.       

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This website is about the stock market, financial markets in general; and thus about human behavior. Markets are places where people come to buy or to sell based upon price. That requires information about the merchandise on sale; consider how customers inform themselves in open-air markets. The root of the word “credit” is the Latin word “credere,” to believe. Markets do not function if there is no informed belief because there are simply no buyers, as is presently happening in the credit markets. Many structured finance investments having become incredible, investors are hunkering down, guarding their capital.

 

House prices continue to decrease although the Fed has cut short-term interest rates. A problem, Professor Peter Morici of the University of Maryland points out, is that the mortgage business model is broken. Most U.S. house mortgages are privately financed, bundled into securitized packages. It is no longer possible to get these packages funded in the markets. He suggests the Fed chairman should have a good talk with the banks about the viability of the business model that created these unintelligible, complex securities.

 

 

3/22/08 –

 

We left for a trip on March 7th , when the S&P 500 began to tumble below 1260. We returned on March 20th, when the S&P 500 rallied to 1329. Does this volatility, full of sound and fury, signify nothing?

 

We don’t think so. The market is volatile because it is grappling with uncertainty, when the macro outcomes ordinarily assumed to be stable, cannot be clearly known *. This steadily morphing credit crisis began last August, imperiling overleveraged financial institutions and creditworthy borrowers alike, the exchange rate of the dollar, and ultimately the real economy. In a 3/13/08 Financial Times article, Mohamed El-Erian, PIMCO’s co-chief investment officer, writes that the stock market and the credit markets will have to converge, and “the longer the delay in strengthening the (housing) policy response, the greater the likelihood that such convergence will involve share prices falling to levels implied by the debacle in credit markets.” This means that there is only so much time for government to act.

 

The problem facing both the credit and stock markets is falling house prices, that continues to erode the pyramid of financial paper that derives its value, in some form, from housing. All economic downturns have their differences. Since the 1930s, previous financial crises have been localized and localizable, limited to the failure or bailout of financial companies that became overextended and to the S&L industry. This downturn is unfortunately characterized by its pervasiveness, the result of large-scale lending without considering the ability and willingness of borrowers to repay their loans and a lack of external regulation, a major downside of world-wide market securitization. As house prices continue to fall, the financial system will continue to experience recurrent crises until the government steps in to enable the orderly writedown of roughly $2 trillion in subprime and Alt-A mortgages and the housing stock. Housing prices and mortgage debt service must ultimately fall to levels sustainable by consumer income.

 

Our next article will discuss how current stresses reveal the nature of markets.

 

 

* We speak, for convenience, about “the market.” It is usually more useful in financial analysis to ask what people are actually doing. A 3/25/08 NYT article states well what is actually happening. “The violent  (market) swings indicate that traders are seizing on daily events to jump in – or out – of the market, grasping at clues about where the economy is heading. A result is a jittery, bewildered pack of investors (actually traders, who act with and at the margin) whose mood can quickly swivel between fear and optimism.”  

 

 

4/1/08 –

 

A present S&P 500 level of 1370 assumes only an inconsequential economic slowdown, with expected capacity utilization remaining around 82%. We think the stock market does not reflect worsening economic conditions due to bank lending problems. Iraq also doesn’t help.

 

There seems to be a convention when anticipating a change for the better, just wait six months. Recall the serial predictions by foreign policy makers about an improvement in Iraq, in six months. Consider now the current wisdom that the economy will begin to recover in six months after the beginning of the slowdown in January. There is a gaping logical disconnect between assuming that less than half of the bad loans have so far been written off (according to one Street estimate, the total writeoffs by the U.S. leveraged financial institutions will be at least $460 billion), and then assuming a rapid cyclical economic recovery. A greater economic slowdown would compromise more consumer credit than residential mortgages.

 

Both the problem in Iraq and in the financial markets have become very large and complex. Their solutions require much more than ideological simplicities and finger pointing. An opinion already exists on Wall Street (on the buy side) that the investment banks have to be subject to real regulation if they are to be given any access to the Fed’s discount window. A 4/1/08 FT article indicates that global policy makers remain very worried about the condition of the financial system and are thinking about temporarily suspending capital requirements and in “assisting financial institutions in remaining as going concerns.”

 

At a minimum, this means that the financial companies will have to be more careful about the merchandise they sell *, as ought to be and is generally true in business.

 

 

* A major question is how to value those subprime structured mortgage concoctions.

 

Consider a simple bank loan with a cash flow margin of safety. The value of this loan can be calculated relatively simply by discounting the present value of future contracted cash flows, to be paid as agreed. Now add a simple structured finance complication. Slice that investment into tranches, the first tranche has a cash flow and collateral priority. Within the finance structure, its like debt and should have a higher credit rating than the following tranches. Does it ever warrant a AAA credit rating like some of the subprime mortgage tranches? It doesn’t because the credit rating of the highest tranche should be the credit rating of the loan. Since a defaulting loan almost inevitably results in a very large writeoff, not to put too fine a point on this, the subordinate claims will have almost no value.

 

Does “diversifying” the portfolio help matters, packaging many borrowers into the financial structure? It could, but only if the loan outcomes of all borrowers are truly independent. If subprime loan performances depend on a single factor like the state of the economy, then all those loans can be regarded as a single mistructured loan whose performance depends on the state of the economy. Taking the example we discussed on 3/1/08, 94.3% of all tranches are rated AAA; only 5.7% of all tranches are rated below that. To draw an analogy, this structured transaction does not contain enough “equity.” What is a senior tranche worth?

 

The current market apparently assumes worse. The AAA tranches of the notorious 2006-2007 vintage of subprime CDOs trade on average around 68 cents on the dollar. More generally, current Street estimates of total subprime real estate loan losses run around $230 billion, with about 80 cents on the dollar remaining. However, from our 1/1/08 analysis, this implicitly assumes residential real estate prices do not deteriorate much further from current levels.

 

Since house prices continue to deteriorate badly, there is a role for government to enable an orderly writedown of prices to levels where borrower income can support restructured mortgages. That’s the core of the credit problem . A lot more is at stake than the doctrinaire quibble that the government shouldn’t help irresponsible borrowers.

 

 

4/11/08 –

 

GE just reported its first quarter earnings; the S&P 500 dropped by 2%. The company is a bellwether of the U.S. economy. In comparison with the previous year’s first quarter, the operating profits of the company’s infrastructure business (that sells exportable capital equipment to the utilities, transportation, oil & gas industries) increased by 17%. GE’s finance businesses decreased by 19%. The company’s industrial business (such as appliances) decreased 16%.  Overall, the company’s operating profits decreased by 4.2% from the previous year. The U.S. economy, accounting for around 25% of the world’s GDP, is slowing down.

 

We think the present economic environment justifies an extreme degree of caution. A 4/08 IMF Global Financial Stability Report writes that their analyses, “point to a degradation of financial stability, with credit and macroeconomic risks having deteriorated the most.” They analyze the impact of restricted credit upon the U.S. macroeconomy: In the postwar period, credit has grown on average by around 9% of private sector debt per year. What if, due to the financial shock of lender writeoffs, annual credit growth were reduced to 4% and 1%, respectively? The slowing of credit growth to 1% is comparable to that experienced during the comparatively severe 1990-1991 recession.

 

Using an econometric model that includes real GDP growth, inflation, private sector borrowing, and interest rates between the first quarter of 1952 and the third quarter of 2007, and assuming no other shocks to the system, the analysis shows that in either case, the effect of credit stringency will continue to dampen growth well into 2009. We consider this a base case. The analysis, however, also lists the following other factors:

 

1)       Unusually aggressive monetary policy easing by the Fed. (It’s doing only some good.)

2)       The impact of slowing credit growth upon the European economies.

3)       The securitization of questionable financial assets at the heart of the banking system, causing many system complications.

4)       We add: further large loan losses that are comparable to those of the Japanese banking crisis of (1990-1999).  

 

This financial crisis began as a subprime problem. It is now a generalized credit problem placing pressure, as the IMF states, on systematically important financial institutions. The next article will discuss our portfolio strategy in this environment.

 

 

5/1/08 –

 

The IMF and other sources (e.g. Morris, (2008)) estimate total credit writeoffs of around $1 trillion (2007 U.S. GDP was around $14 trillion). Goldman Sachs estimates that U.S. financial institutions could lose around $460 billion. They have so far written off around $134 billion (Lehman, 4/08, U.S. estimates). Housing prices continue to deteriorate. There are more writeoffs on the way.

 

The Bank of America is the nation’s largest domestic bank. We track the company’s loan portfolio because it indicates what is actually happening. The bank had not been in the subprime lending business. Nonetheless, it has charged off $8.7 billion in mainly subprime trading assets since the middle of 2007. It recently raised around $13 billion in new capital; its accounts ought to be squared away with a total net worth of $156 billion at the end of March, 2008.

 

The problems lie with the bank’s regular businesses. In one quarter, its non-performing loans rose by $1.9 billion or 31.5%, presaging increased chargeoffs. A major problem is the banks’ contraction of lending to the consumer sector of the economy. During the first quarter, total consumer loans (including mortgage, home equity, and credit cards) dropped by $6.6 billion, or 1.2%. Corporate lending rose somewhat, but the bank’s total loans declined by $2.5 billion, or .28%. Referring to the recent IMF study, a U.S. lending growth rate of 1% per year is a severe restriction of credit.

 

Excesses at the lending level crashed the credit markets and their derivatives. It does not require rocket science to deduce that the resulting writeoffs and credit constrictions will have their unfortunate effects on the real economy. Although the S&P 500 closed at 1409, we are not chasing this stock market rally.

 

 

6/1/08 -


A combination of the Fed’s willingness to rapidly liquify the financial system and the access of U.S. financial institutions to foreign capital has so far prevented a system-wide financial crisis. The stock market and S&P expect a rapid economic recovery. Operating earnings of the S&P 500 are estimated to increase 8.3% in 2008 (that is with all the financial writeoffs) and further increase 23.4% in 2009.

 

The following possibility, however, seems more likely. The economy must correct the large imbalances that have been developing in the past years. The economy’s industrial capacity utilization rate has dropped from about 81% several months ago to 79.7%. In a recession that figure typically bottoms out at around 74%-67%. According to the 3/08 S&P/Case-Schiller Index, the decline in U.S. house prices continues to accelerate.

 

The error-correcting U.S. economy is one of the world’s most resilient; it will eventually generate new investment opportunities. Current credit errors are, however, very large. It would be very optimistic to assume that they will have no effect. We remain very cautious, as housing prices and leverage continue to unwind at their paces. What began as real estate and financial crises is now beginning to affect the rest of the economy.

 

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Stocks are, by nature, long-term assets with (roughly speaking) dividend payback periods of 15-20 years. The evaluation period you choose to allow events to play out is crucially important. For us, its around one or two years; for leveraged traders its day-to-day. Trading is also caused by investors that have different time horizons. We spoke with a mathematical economist who said, somewhat theoretically, that investors differ by the information sets they use.

 

For example, if your evaluation time horizon is about six months (probably the same as the stock market's) you could look at present low interest rates, tax rebates, and conclude (based upon experiences before 2001) that the economy and the stock market will recover by the middle of the year. On the other hand if your evaluation time horizon is longer than that, you could make a judgment that because housing is such an important part of the economy, a decrease in house prices will have bad effects. Furthermore since the financial sector does matter, the resulting writeoffs will cause credit restrictions, further pulling the economy down. These events should play out over the next year or so, because real estate crises tend to unfold slowly.

 

Reasoning based on the former would result in a high stock allocation. Reasoning based on the latter would justify a defensive portfolio policy. By temperament and training we invest according to the longer evaluation time horizon, but find shorter time considerations interesting. A noted bank analyst writes, “The real harrowing days of the credit crisis are still in front of us…and will prove more widespread in effect than anything yet seen.” We would say that investors should be very cautious.

 

 

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If you wonder where those billions of dollars of structured finance writeoffs came from, read on. A 5/21/08 FT article reported:

That one error in a line of computer code gave nearly a billion dollars of securities ratings up to four levels above the usually calculated. Maybe the ratings formula should have been ... X*2 rather than X^2. S&P, on the other hand, admits to no problems with their ratings model that gave similar marks; however, it is subject to revision.

Billions of dollars of fly-by-wire deals were controlled by undebugged computer code, inconstant computer models, and they were sometimes based on structured products that were used to fund other structured products. Not surprisingly the whole misconception crashed. The early Enlightenment assumed the exact calculability (in principle) of everything, including society. The late Enlightenment discovered that knowledge is continually developing. This is the current general view in academia. The problem with quantitative finance is that it produced fixed income contracts that did not have the margins of safety that allowed for the unforseen and undefined, and it produced contracts based on the ephemeral. Judgment is always necessary.

* It was more convenient for the sponsors to create securities based upon derivatives than for them to assemble actual loans. Not that the actual loans were necessarily sound. On 5/23/08 Fortune magazine reported that some asset backed portfolios, containing primarily auto and credit card loans, would be generously valued at 50 cents on the dollar.

 

6/11/08 -

The S&P 500 continued its drop to 1335.

A combination of the effects of the credit crisis (affecting operating earnings) and the inflationary effects of oil and agricultural supply shocks (affecting long-term interest rates) is not good for the stock market. We reiterate our cautions and hope our readers have already sold down to their comfort points.

During times of supply shock, contrary to the theoretical Philips curve, it is possible for capacity utilization to decrease and for inflation to increase. Modern monetary policy emphasizes vigilance about the state of expectations.

                                     

7/1/08 -

The S&P 500 dropped to 1285. The 4/08 S&P Case/Schiller index of house prices continues to decline. If you read this report, you will notice that the price decrease in the 10-City composite has become identical to that of the 20-City composite, a characteristic of general market turmoil when whole asset classes are called into question.

It is estimated that all the major financial companies have so far charged off $397 billion, with chargeoffs to total at least $1 trillion over time. This will have the very unfortunate effect of vastly eroding their net worths. The result, as in all major financial crises, will be the necessary deleveraging of the financial system. We doubt this process will occur at all smoothly. Structured finance further globalized the financial markets, but the widespread products had three major flaws:

1) The Gaussian pricing models were an inaccurate representation of real markets (as we have been insisting), understating the risks that might occur if continuous trading markets disappeared due to the influence of events and the complexity of many structured products.

2) The structured finance products were misrepresented to investors looking mainly for safety.

3) The products were badly implemented. On 6/23/08, Cnn reported that an University of Iowa study found, in the process of slicing and dicing house mortgages, the lenders had lost 40% of all the promissory notes. Many properties are into the foreclosure process with the loan servicers unable to provide proof of indebtedness. There can be as many as eleven different parties involved in securitizing a single mortgage.

This whole financial crisis is about misconception, misrepresentation, extreme complexity and a lack of attention to the details. Bank loans are usually, as a journalist wrote, "gnarly." They are configured to each borrower's unique situation with covenants, guarantees, and a specific financial structure. These necessary protections act against the uniformity that markets and marketability require. It should be noted that the generally successful GNMA and FNMA mortgage securitizations carry implicit government credit guarantees.

It is in the nature of a value investor to be nervous when stocks approach their equilibrium values and to consider investment opportunities when stocks approach their lower purchase targets during difficult market moments. But the credit problems of the financial system are very extensive. We will begin to purchase stocks when a number of them are at or below our purchase targets and when house price declines show some sign of abatement, knowing that value investing requires patience. This statement has nothing to do with picking a stock market bottom under conditions of turbulence; that is not possible.

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How will the financial industry restructure? It will probably evolve away from producing complicated securitizations. Credit within the financial system can be allocated either by the markets (via the investment banks) or by administration (via the pure commercial banks, as is the tendency in Europe). It is obvious, the markets - not to put too fine a point  this - have made very large mistakes in resource allocation, because they overreacted.

What started as a fairly theoretical discussion of market behavior has now very real consequences. The necesssary adaption of U.S. businesses to foreign markets has been delayed, consider the trade deficit. The economy has created millions of non-exportable empty houses and mountains of untradable paper, while the real problems of society in the areas of infrastructure, education, research, and health care remain or worsen. This is the result of unregulated market fundamentalism. The markets have to be intelligently regulated.

             

7/10/08 -

Is the 4/08 IMF estimate of $1 trillion in credit writeoffs excessive? A recently published SEC report suggests an answer.

The three major credit agencies: S&P, Moody's, and Fitch made possible the securitizations of structured finance by giving subprime mortgage securities high credit ratings. On 8/07 the SEC commenced a study of how these agencies complied with the requirements of their registration with the Commission, the SEC explicitly not regulating "the substance of the credit ratings or the procedures," but their retention of records and their management of conflicts of interest. However, this polite but critical report comments on all these areas. What emerges is the genesis of a very large problem that became manifest with a crisis in the $640 billion (2006) subprime mortage market. These problems are now spreading to the slightly higher quality Alt-A mortgage market, the derivatives associated with both, leveraged corporate loans, and to the other debt obligations of the general economy.

SEC examiners reviewed the deal files, internal audit reports, and (by automated means) examined more than 2 million e-mails and text messages. The resulting report makes these major points:

a) None of the agencies had specific written procedures for rating RMBS (subprime residential mortgage securities) and CDOs (collateralized debt obligations). The structured finance ratings process was "inherently flexible and subjective." At one firm, an analyst expressed the opinion that the ratings model did not capture "half" of a deal's risk. This, we might add, was for investments that were sold as being precise and scientific. An analytic manager wrote, "the rating agencies continue to create an even bigger monster-the CDO market. Let's hope we are all wealthy and retired by the time this house of cards falters.'"

b) The ratings agencies made "out of model adjustments" (guess in what direction) and did not document the rationales for these adjustments.

c) The ratings agencies do not appear to have specific policies to identify or address errors in their models or methodologies.

d) The SEC could not "assess compliance with ...established policies and procedures, and to identify the factors that were considered in developing a particular rating....There was also a lack of documentation of ratings committee actions or decisions...there was sometimes no documentation of committee attendees."

e) One agency allowed their senior analytical managers to discuss fees with issuers.

f) Since the arranger often designs the deal, he has the flexibility to adjust deal structure to obtain a desired credit rating, as compared to arrangers of non-structured assets...arrangers that underwrite (structured finance) offerings have substantial influence over the choice of rating agencies hired to rate the deals." The structure of the deal determines the price of the package, and thus its profits.

g) The actual ratings models used were incredibly complex. "...while RMBS default probability and loss severity ...models required 50 to 60 (sic) inputs, CDO models required only five inputs: current credit rating (of RMBS securities), maturity, asset type, country and industry." Unfortunately the CDO models used the credit ratings previously discussed.

The detail provided by this SEC examination allow us to reach several conclusions:

1) Given the magnitude of the ratings problem, an IMF 4/08 $1 trillion estimate in ultimate writeoffs is not excessive. Our 5/1/08 comment provides further details.

2) The stock market peaked on 10/07. Credit problems began to occur some years ago; but investors reacted late because the mortgage backed securities, rated AAA, were often a single line item on the notes to the financial statements. Markets do eventually ferret out the truth, but then it may be too late. It pays for investors to be alert to developing troubles when the skies are clear and times are good, and to know what they don't know *

A value investor also tends to sell during those times, simply because a stock would likely be overvalued.

3) We wouldn't want to buy stock in the rating agencies for a long time.

The SEC report describes the lending controls that are necessary to keep money from being shoveled out the door **. The report leads to the conclusion that these controls broke down. The problems *** of structured finance are both very broad and deep, thus a role for government.

 

* add: The 7/18/08 Washington Post writes, "Do market fundamentals usually prevail in the long run? Of course....(but) these fundamentals can take years to finally assert themselves -- on the way up as well as on the way down. It is during those periods of irrational exuberance and panic that so much damage is done (because financial markets are imprecisely error correcting rather than mean reverting), both by those participating in the markets and those who are supposed to regulate them."

** add: The 7/20/08 NYT suggests the method behind the madness of shoveling the money out the door, with little consideration of loan repayment. "...behind the big increase in consumer debt is a major shift in the way lenders approach their business. In earlier years, actually being repaid by borrowers was crucial to lenders. Now, because so much consumer debt is packaged into securities and sold to (other) investors, repayment of the loans takes on less importance to those lenders than the fees and charges generated when loans are made....'Today the focus for lenders is not so much consumer loans being repaid, but on the loan as a perpetual earning asset...'" This financial process pyramided until house prices, the collateral backing all those financial obligations, started to decline; then the loans of defaulting borrowers had to be written off.

*** add: Massive problems in structured finance prove an elemental principle in commerce, that continued trade has to benefit both parties. William Bernstein's excellent new book, A Splendid Exchange (2008), describes a trade practice originating in India that was evidenced in Mesopotamia (Iraq), "...the merchant placed a lump of wet clay over the closure of a container, then rolled or pressed the seal across the lump, impressing it with his mark. Left to dry and harden, the seal informed the purchaser that the merchant had guaranteed the contents of the container, and that it had not been tampered with in transit."

 

8/1/08 -

Will the recession look like a “V,” a “U,” or a “L”? We think its going to look like an elongated “U.”

The 5/08 S&P Case/Schiller index of house prices reported a further .9% drop, resulting in a 15.8% drop for the full year. The financial system will not stabilize until house prices do.

In their study of five major banking crises in the developed economies of Spain, Norway, Finland, Sweden, and Japan, Reinhart and Rogoff  (2008) report that real equity prices on average declined for three years, prior to the crisis, and the total drop was around 23%. In contrast to these, U.S. equity price began to decline shortly after this crisis began in August, 2007. Equity price declines have been moderated by expansive monetary and fiscal policies, of a nation that finances a large proportion of the world's trade and can import capital. There are, however limits, as the decline of the dollar illustrates.

B of A reported its second quarter earnings, without consolidating its Countrywide acquisition, B of A’s earnings grew by 213% over the previous quarter to $3.2 billion as the trading account swung from large losses to a small profit. Their loan loss reserving policies, however, specifically assume economic stabilization in the second half.

Due to an internal reclassification of assets, the bank booked an additional $980 million loss; flowing not through the income statement, but as a direct adjustment to the “accumulated comprehensive loss (income)” account under the equity section of the balance sheet. This is meant to be a temporary holding account for estimated gains and losses on "securities held for sale." We think that actual losses are somewhat higher than those reported on the income statement, calling into question the degree of the bank’s reported profit improvement in the near term.

In the second quarter, B of A's mortgage portfolio dropped $30.6 billion, or 11.5% from the previous quarter, as they reclassified some of their portfolio mortgages as "held for sale" without replacing these mortgages in the portfolio. A greater problem is the bank’s extension of credit to the rest of the economy. Total consumer lending dropped by $20.3 billion or -3.7%, and commercial lending increased. Their total loans outstanding continued to decrease, by -.39% in this quarter and -.28% in the previous. According to the IMF, a one percent increase of credit to the economy is extremely stringent.

The significant housing downturn and the resulting credit stringency are the very unfortunate fundamentals of this financial crisis. This recession is likely to occur in two stages: first there are problems in the financial system, and then problems develop in the general economy. We would rather be mainly concerned with investing in our favorite stocks, than with risk management due to financial systems problems.

                                                                 __ 

This discussion from London's Financial Times is an excellent summary of what is going on in the financial system.

 

9/01/08 -

The S&P 500 closed at 1283. The market has been stuck in a trading range after closing at 1268 last month. Is this a likely bottom? We think not. Either finance and credit matters, or they do not. If they do not, then we could point to the very slight moderation in house price declines and the high reported 3.3% second quarter annualized rate of GDP growth, and say the worst has passed.

If they do matter, and we obviously think they do, then consider the following statistic from the Fed:                                                           

Total Bank Credit
(seasonally adjusted, billions of dollars)

Dec, 2007

Jan, 2008

  Feb

  Mar

  Apr

  May

  Jun

  July

   9216

   9268

 9329

 9451

 9403

 9390

9361

 9395

Total bank credit extended to the economy increased to $9,451 billion dollars in March as banks will forced to honor their previous lines of credit and to bring off balance sheet assets, such as SIVs, onto their balance sheets. In July, total bank credit decreased to $9,395 billion. According to the Fed April senior loan officer survey, 55% of domestic banks-up from about 30% in January-reported tightening lending standards on commercial and industrial loans.

The IMF considers a 1% growth in bank credit extremely stringent for the U.S. economy. As the credit crunch enters its second year, we think that the fairly stable economic conditions at present are the eye of the hurricane. What has been a financial crisis will begin to cause problems in the real economy.

We draw, for the purpose of description, a comparison of the present economy with that of the 1930s. In 1929, mild problems began in the real economy, that ultimately translated into a complete collapse of the credit due to policy mistakes that allowed key financial institutions to fail. This time around, the situation is opposite. Problems started in the financial system due to profligate loan practices. Large financial institutions will not be allowed to fail, but problems in the financial system will this time spread to the real economy. .

Previous market cycles were simpler. The stock market went down because the Fed raised interest rates to control inflation. It went up because the Fed decreased interest rates, enabling early cyclical investment, such as real estate, to kick in. This financial crisis is a lot more broad in scope with international ramifications and a lot more complicated. The 8/27/08 WSJ reports:                     

"...(This increasingly complex financial infrastructure) helped drive the finance boom, but it is now acting as a vector of contagion. And the causal arrows don't point in straight lines from one troubled area to the next (as our descriptions above do). They twist back, creating vicious circles that gain speed and draw more markets and investors into the mess."

We think that a major precondition for the economic situation to improve, causing the "vicious circles" to stop spinning, is for the ability and willingness of the banks to expand credit. The 8/30/08 Economist quotes Shakespeare to describe this turbulent financial crisis, "When sorrows come, they come not single spies but in battalions." Our portfolio strategy remains risk control.

 

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