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            Won’t Be Fooled Again, Part II
            January 11, 2010
                                                            
             
                On the eve of US banks announcing what are expected to be large 
bonuses following a rapid reversal in fortunes led by a trading and 
speculating strategies, the head of the Financial Stability Board is 
warning lenders to learn from past lessons before they give the world economy a mulligan.  The Wall Street Journal reports in its January 11, 2010 edition that, 
“Mario Draghi, chairman of the FSB and 
governor of the Bank of Italy, said banks ran the risk of of overrating 
the strength of the economic recovery and recklessly returning to 
dangerous old habits even as “substantial fragilities” remained in the 
system.
‘The general situation is much better 
than we could have expected a year ago but, at the same time, it is not 
as good as the market thinks it is,’ Mr. Draghi said at a news briefing 
Saturday night after the group’s biannual plenary meeting.
“Moreover, he added, banks must pay more 
attention to compensation practices with an aim toward ensuring that pay
 policies don’t encourage dangerous speculation. Those comments come as 
banks prepare to announce large bonuses for staff following a year of 
surprisingly strong performance.”
Meanwhile, China’s cabinet is worried that its overheated real estate
 market is heading for the same fate as the USA’s.  Noting that house 
prices in Shanghai and Beijing have doubled and redoubled over the last 
four years, the Washington Post reports that 
Some economists and bankers fear that 
they have read this script before. In Japan at the end of the 1980s and 
in the United States in 2008, residential real estate bubbles ended in 
big crashes, battered banks and slow recoveries. With China acting as a 
key engine of global growth, a bursting of the Chinese real estate 
bubble could be a pop heard round the world.
The article quotes a variety of folks arguing that of course it’s a 
bubble, but it’s not close to bursting, or China’s economy is 
“different” and therefore not likely to suffer the same consequences as 
the US and EU.  One observer even recycles former Citigroup Chairman 
Charlie Prince’s unfortunate metaphor from the height of the bubble, 
saying “at some point the music will stop.”  
Dance on, dance on. 
                                             Read more...
        
        
            Covered Bonds An Answer for Frozen Mortgage Market?
            January 10, 2010
                                                    
    Covered bonds are the main source of funding for fixed rate mortgages
 in Denmark, and have been used in other countries like Germany, as 
well.  They function like MBS, but there is not a forward delivery TBA 
market in them because the bonds are typically issued contemporaneously 
with the mortgage closing.  They generally require downpayments larger 
than the norm in the U.S..  In Denmark, these typically run 20 percent, 
for instance.  Ever since the collapse of the mortgage securitization 
market some in the industry have promoted covered bonds as an 
alternative.  The presumption is that large banks would issue the bonds 
and provide the mortgages that back them.  An article in Housing Wire notes introduction of federal legislation by
 NJ Republican Rep. Scott Garret designed to provide uniform federal 
regulation of the bonds in hopes of stimulating more widespread use. 
 The article says that Democratic Rep. Paul Kanjorski (PA) has signed on
 as a co-sponsor.
Others who have looked at the covered bond structure have cautioned 
that while it could be part of a future mortgage system, given the scale
 of the American mortgage market and consumers’ expectations for forward
 rate locks and lower downpayments they are not likely to absorb a very 
large share of the market.
Old-fashioned, pre-mania style securitization remains the predominant
 form of mortgage lending today.  As much as 90 percent of all loans 
being originated today are destined for securities guaranteed either by 
Ginnie Mae, Fannie Mae or Freddie Mac.
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            Won’t Be Fooled Again?
            January 06, 2010
                                                    
    The New York Times’ David Leonhardt has a trenchant piece
 published in its January 5, 2010 edition that highlights a critical 
lesson of the financial crisis.  Summarizing Bernanke’s recent speech
 before the American Economic Association in which he blamed lax 
regulation rather than interest rate decisions for the mortgage and 
finance crisis, Leonhardt notes that while asset bubbles of any kind are
 hard to call, the Fed and other regulators had plenty of warning. 
 Experts within and outside of the government amassed and arrayed all 
kinds of data pointing to unsustainable housing price growth.  And 
consumer advocates and others were clamoring for the Fed and other 
regulators to spike the dangerous mortgages that helped fuel the bubble 
using regulatory authorities they already had.  Leonhardt asks, 
So why did Mr. Greenspan and Mr. Bernanke get it wrong?
The answer seems to be more psychological
 than economic. They got trapped in an echo chamber of conventional 
wisdom. Real estate agents, home builders, Wall Street executives, many 
economists and millions of homeowners were all saying that home prices 
would not drop, and the typically sober-minded officials at the Fed 
persuaded themselves that it was true. “We’ve never had a decline in 
house prices on a nationwide basis,” Mr. Bernanke said on CNBC in 2005.
He and his colleagues fell victim to the 
same weakness that bedeviled the engineers of the Challenger space 
shuttle, the planners of the Vietnam and Iraq Wars, and the airline 
pilots who have made tragic cockpit errors. They didn’t adequately 
question their own assumptions. It’s an entirely human mistake.
Which is why it is likely to happen again.
He might have added CIA officials who invited last week’s suicide 
bomber/triple agent onto their base where he blew up himself and seven 
officers, or all of the intelligence agency employees who handled 
intelligence about the Under-Bomber but were unable to put the puzzle 
pieces together and stop him.  
Human frailty and the reluctance of large organizations to change 
course when confronted with complex datasets and decisions that 
challenge orthodoxy are constants.  This is especially true when 
entrenched interests—both inside and outside organizations  — stand to 
lose if policies are changed.  As Leonhardt points out, acknowledging 
failure and analyzing its roots is the first step in reducing the 
chances of it happening again.  Organizational cultures have to support 
contrary views and reward decision making that forces people outside of 
the comfortable boxes in which they live day to day.  Breeding a culture
 of curiousity and challenge makes big shots uncomfortable.  But it can 
also spark unconventional thinking that puts old “certainties” under 
pressure and forces recognition—or at least preparation for—events that 
rock the boat and shift key assumptions.  
This is one reason that the proposals to create a Consumer Financial 
Protection Agency make so much sense to me.  Opponents, including 
Bernanke, argue that a separate agency will separate prudential from 
consumer oversight and regulation.  This disconnect will weaken 
regulators’ ability to see the “big picture,” and potentially put the 
two at odds.  Bankers argue that this potential tension will put them in
 an untenable position and at a minimum greatly increase their 
regulatory burdens. 
But the prudential agencies subordinated consumer interests 
consistently to those of the companies they were regulating.  The Fed 
and other prudential regulators had all the regulatory tools they needed
 to spike the excesses of the mortgage industry that led to the crisis. 
 Indeed, consumer advocates and others implored them to do so.  They did
 not.  An agency tasked with examining these issues from a consumer 
protection point of view is likely to see things differently and 
challenge the orthodox views of a regulator tuned to a safety and 
soundness frequency.  
When something ain’t broke, it’s reasonable to argue against fixing 
it. But broken systems that fail to work as designed should be fixed.  A
 total shift of responsibility that puts consumer protection first is 
one way to do it.
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