Make Fannie’s Deal No Worse Than TARP

24
Aug/09
0

Given Freddie Mac’s recently report profitable 2nd quarter earnings report, it is time for Treasury Secretary Geithner to amend the terms of Fannie Mae and Freddie Mac’s Senior Preferred Stock Purchase Plan with the Treasury to be comparable to the preferred stock purchases the Treasury made in commercial banks last October under TARP.

Reasons to Change Fannie and Freddie’s Deal with the Treasury

1. Fannie and Freddie should not have a materially worse deal than the banks just because their deal was cut 4 weeks before TARP.
2. Fannie and Freddie are critical to the domestic economy as they have been the only source of mortgage capital for the past 12 months.
3. The mortgage market will need private capital in the future and cannot rely on government support forever, so Fannie and Freddie will have to raise more capital in the future. If the GSEs are going to raise capital in the future, the Treasury is going to have to treat existing capital better than its current deal with the GSEs.
4. Fannie and Freddie incurred higher expenses because they were team players and supported the Obama Administration’s economic recovery plan. Changing their deal would be a small payback for the support they have given the country and the Administration.
5. Recognition that placing the GSEs in conservatorship was a political attack by led by former Treasury Secretary Paulson.
6. Recognition that former Treasury Secretary Paulson caused a decline in the GSEs stock prices by not outlining the terms under which he would provide capital to the GSEs in the July 2008 legislation. Sec. Paulson then used circular reasoning in claiming that the GSEs had to be taken over because they had low stock prices and couldn’t raise capital. In fact, they couldn’t raise capital because he would not state the terms of a potential future Treasury investment.
7. Paulson’s reasoning for the harsh treatment of GSE shareholders was that shareholders had to pay for the poor risks taken by the companies’ management teams. I disagree since many shareholders were giving advice to the respective managements to raise capital and reduce risk. Rich Pzena was the most outspoken shareholder on this point. Plus, Paulson reversed his position on this issue once he was proven wrong with his handling of the Lehman situation and treated the bank shareholders on much more friendly terms.
8. Eliminating the dividend on Fannie and Freddie’s preferred stockholders was a failed experiment on the part of Sec. Paulson and destroyed the new issuance market for preferred stock. It also hurt many small banks that held Fannie and Freddie preferred stock in their portfolios.
9. GSE preferred stock is still primarily owned by small banks. When dividends are restored, the value of the preferred stock will increase by 10x. This will add approximately $30 billion in restored capital to the commercial banking industry. If banks levered this capital 12x, this raises industry lending capacity by $360 billion.
10. The losses by the GSEs since entering conservatorship have been inflated because a) they are mostly write-downs of deferred tax-assets which the companies still retain and b) the credit reserve build was bigger than expected because Sec. Paulson sent the economy into a tailspin by not providing an orderly wind down to Lehman Brothers.

Terms to Change

1. Lower Preferred Stock Coupon to 5% from 10%. There is no justification for the GSEs to pay a higher coupon than the banks.
2. Change the Treasury’s warrant from 79.99% of the GSEs’ equity to terms identical to the warrant deal received by the banks under TARP. Similar to the preceding point, there is no justification for the GSEs to give the U.S. a higher equity stake for than the banks did.
3. Make the Treasury’s preferred stock pari passu with existing preferred stock. This is another move to equal the banks’ deal under TARP
4. Eliminate asset size restrictions on Fannie and Freddie’s mortgage portfolios. This provision proves my Republican conspiracy theory for placing the GSEs into conservatorship. There is no reason to shrink the GSEs at this point. We need the GSEs to expand their balance sheets. The Fed has temporarily stepped into the breached left by the GSEs not growing. But, what is going to happen when the Fed steps back from the mortgage market? We need the GSEs to support the market as the Fed reduces its balance sheet.

The GSEs deal with the Treasury Secretary should be updated to be similar to the deal the banks received under TARP. Based on the nobler GSE housing mission, there is an argument that they should be treated better than the banks. The banks have no legs to stand on because the FDIC insurance they receive from the federal government is a larger subsidy than the implicit guarantee Fannie and Freddie enjoy.

Fannie Mae Shareholders To Preserve Value

22
Aug/09
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Fannie Mae and Freddie Mac shareholders are organizing to form a lobbying group to build a presence in Washington. Prior to the companies entering conservatorship in September 2008, both companies had employees responsible for government relations. As part of conservatorship, the companies had to eliminate their lobbying activities. Now, the companies effectively have no voice in Washington.

If you or your organization own common or preferred stock of Fannie Mae or Freddie Mac and would like to join with other shareholders in preserving value for the Fannie Mae and Freddie Mac, please contact me at derek.pilecki@gatorcapital.com or call me at (813) 282-7870. We are organizing and are going to help policymakers in Washington understand the importance of the GSEs to the nation’s housing market. We hope to maximize value for GSE preferred shareholders and common shareholders.

Anti-Government Banker Builds Career on Government Subsidy

2
Aug/09
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This weekend’s New York Times had a flattering Andrew Martin article on BB&T’s John Allison. I think it is joke for Allison to benefit from a huge government subsidy like FDIC insurance and at the same time, to present himself as anti-government/objectivist. His thought process is intellectually dishonest. He talks as though banks are purely private institutions and would still exist in their current form without FDIC insurance. I have news for him: banks exist today only because of the federal government provides backstop FDIC deposit insurance.

FDIC insurance is a large government subsidy program to help bankers attract deposits. FDIC insurance is critical to a bank because most of the value of a bank comes from its deposit base. With FDIC insurance, bank customers (depositors) are indifferent to the safety of the bank. Instead, depositors base their choice of banks based on rates offered, levels of customer service and branch locations. Without FDIC insurance, banks would have to run with much lower levels of leverage and much high levels of liquidity to attract deposits based on safety and stability. These measures would guard against bank panics or runs; however, lower leverage and higher liquidity would also dampen profitability for the bank.

Another beef I have with Allison is his blaming the housing crisis on Fannie and Freddie. It has been well documented that Wall Street led the credit bubble in the housing market with the expansion of the non-agency mortgage market, specifically the explosion in subprime and Alt-A lending. Fannie and Freddie lost market share from 2002 to 2007. If they were losing market share, how did their actions lead the housing market to its bubble status? See the series of articles on Univ. of Oregon Prof. Mark Thoma’s blog for a more complete discussion on how Wall Street led the mortgage market to a credit bubble. Allison’s blame of Fannie and Freddie seems like a convenient, popular position that fits into his distorted anti-government view.

If Allison truly wants to prove he lives his life abiding by Ayn Rand’s objectivist philosophy, he should have BB&T’s board vote to renounce the company’s bank charter. Then, we’ll see how long a bank run by an objectivist is able to maintain its depositor base and remain in business. I suspect the bank wouldn’t last long.

Thaler and Barr’s Solution Misses the Root Cause of the Mortgage Crisis

9
Jul/09
2

Over the weekend, Richard Thaler wrote an article in the New York Times endorsing a proposal from Michael S. Barr, Assistant Treasury Secretary for Financial Institutions to require financial institutions to offer “plain vanilla” mortgages along side exotic “rocky road” mortgages. The rocky road mortgages would have extra warning labels to protect consumers. Under this proposal, most consumers would be steered into plain vanilla mortgages.

Barr’s proposal will certainly help people at the margin, but it misses the root cause of the mortgage crisis. The root cause was easy credit in the global financial markets led to easy credit in the mortgage market. Easy credit in the mortgage market led to an explosion in Alt-A mortgages, where incomes and jobs weren’t documented. Consumers and speculators took the Alt-A mortgages to bid up home prices. Rising home prices led to more people rushing into the market to make money, and the easy credit available in the form of Alt-A mortgages meant lenders didn’t turn anyone away. With an Alt-A mortgage, a consumer wasn’t constrained by their income, so they could either buy a larger house or big the same house up to a higher price.

Alt-A mortgages, had a much larger role in driving home prices higher than the mortgage loans Barr and Thaler are trying to prevent. An Alt-A mortage could look like a plain vanilla 30-year fixed rate or a 5-year ARM, except the lender never asks the borrower to document his income or job. There is no harm done to the consumer. In fact, it is an easier transaction for the consumer because they have to provide less paperwork to the lender.

When credit is easy, borrowers will take out loans no matter what the warnings are. It is similar to Warren Buffett’s famous quip about under pricing insurance: “If you offer an underpriced insurance policy and are sitting in a rowboat in the middle of the Atlantic Ocean, an insurance broker is going to find you.” It is the same with easy credit and borrowers. When credit is easy, borrowers are going to find ways to borrow.

The entire financial crisis wasn’t caused by unwitting consumers who were duped into taking out rocky road mortgages. The crisis was caused by easy credit which also led to bad commercial mortgages and bad leveraged buyout loans. In fact, it was LBO bank loans that started the the first seeds of the crisis in August 2007. Certainly the borrowers in the commercial real estate and private equity worlds were sophisticated and still succumbed to the siren song of easy credit.

Barr is certainly noble minded in his pursuit of trying to save the consumer from bad mortgages, but Thaler is overstating the benefits of this solution by implying that the finanacial crisis would have been averted had consumers stuck with plain vanilla mortgages. Their solution will certainly help consumers in the future, but I’d venture to guess it’ll be at least a decade before any rocky road mortgages are sold to consumers.

If Barr and Thaler really want to help the economy by bringing stability to the housing market, they should propose that Fannie Mae and Freddie Mac must not buy any mortgage loan unless the borrower’s income, job and other assets are verified. This would prevent Alt-A mortgage market from ever coming back to the size it was in 2006 and 2007.

The task of taming the credit cycle to prevent future periods of easy credit is a tougher problem. However, due to our collective experience over the last 24 months, it is not a problem we’ll have to deal with again in the next few decades.