Perverse Incentives

We've had a cautious eye on Clusterstock since our old friend John Carney went over there to do "mature work." (It better pay better, because where's the fun in that?) Seems voyeuristic of us though, doesn't it? Spying on our old friend's new digs? That's why we only read Henry Blodget's pieces. (We kid, we kid).

Yesterday, Blodget penned a mostly insightful piece on Warren Buffett's bailout take. Blodget points out:

Warren Buffett, meanwhile, thinks the appropriate price would be the "market value," which he believes is below the price at which the banks are currently carrying their trash:
[If] they do [the bailout] right, I think they'll make a lot of money.... They shouldn't buy these debt instruments at what the institutions paid. They shouldn't buy them at what they're carrying, what the carrying value is, necessarily. They should buy them at the kind of prices that are available in the market. People who are buying these instruments in the market are expecting to make 15 to 20 percent on those instruments. If the government makes anything over its cost of borrowing, this deal will come out with a profit. And I would bet it will come out with a profit, actually...

Jump for more.

Buffett has it right on the money, but misses a practical aspect of the issue, likely because Buffett is beholden to his shareholders, and Paulson & Co. (not to be confused with the hedge fund of the same name) are instead trying to avert a collapse. The former requires actors to turn a profit. The later likely requires the exact opposite. It is easy to suspect that Paulson knows that too much "honest" price discovery will actually precipitate even more massive markdowns as the transactions with the Treasury trigger mark-to-market adjustments in like instruments. For every dollar the Treasury pays under the current marks, is, in a sense, being pulled out of the book value of the seller. It probably also pulls some multiple out of the asset side of the balance sheets for institutions with similar instruments that also have inflated marks. What good will a 20% return on $600 billion be if the Treasury puts 4-8 more institutions in receivership to get it? How would Joe Sixpack regard the appearance of profiteering by the Treasury at the expense of privately held firms? Probably with glee, in the current anti-capitalist environment, actually.

This nuance, however, stabs at the heart of the issue. Mark-to-market accounting incentivizes markets to go illiquid when asset prices sink, exactly when liquidity is critical. You create an environment where an institution isn't just poised to lose the difference between their current mark on the instrument they are selling and the transaction price, but a large multiple of that as that transaction triggers markdowns on the rest of the toxic paper. How do you handle that as a institution holding sludge? Wait. And if you see some sludge that is offered so cheaply that you couldn't normally resist buying it? Wait, if you are holding similar assets. Liquidity has been frozen up to prevent revealing that many of these institutions might be insolvent at the current market prices. That's the kind of thing that is going to happen when the institutions likely to go insolvent control most of the liquidity.

In general, huge corrections like this usually only reverse when prices get so low that value investors and their ilk creep out and cant help but start buying. The problem here is that there isn't enough price discovery to tempt them out, or that the normal buyers (Goldman, etc.) face mark-to-market triggers that prevent them wanting any transactions at all. Buffett seems mercifully free of both constraints.

I suppose that leaves the question: If it takes the Treasury manipulating markets into inflated price discovery to solve the twin problems (liquidity and solvency) that are gumming up the works, do we hold our noses and let it happen?

Comments

1

Posted by guest, Sep 25, 2008 11:37AM

You don't need to save all banks to save the county, only some. At market prices we may see a profit on our 700bn, some banks will survive, some won't, confidfence will be restored that whoever is left is free of crap and lending can resume.

If they pay mythical "intrinsic value" we're guaranteed a massive taxpayer loss, there will be massive wealth transfer to very undeserving people, and marker participants will be left to wonder, who out of the bunch that survived is truly worth doing business with and who is a clueless fuck kept afloat by the taxpayers tit?

But then again, I'm not holding bank shares, are you EP?
-ma deux centimes

3

Posted by Anal_yst, Sep 25, 2008 11:43AM

So, EP as you said (and I agree naturally) "corerections like this only reverse when prices get so low that value investors and their ilk creep out and can't help but start buying", however, if the Treasury is going to inflate/manipulate/whatever prices up, how is that going to solve the twin problems, exactly (at least in the absense of suspension of current MTM accounting rules)?

4

Posted by ep, Sep 25, 2008 11:52AM

"So, EP as you said (and I agree naturally) "corerections like this only reverse when prices get so low that value investors and their ilk creep out and can't help but start buying", however, if the Treasury is going to inflate/manipulate/whatever prices up, how is that going to solve the twin problems, exactly (at least in the absense of suspension of current MTM accounting rules)?"

Well, insofar as firms are unlikely to bother to sell to the Treasury at prices that would render them insolvent, it solves both problems. It creates a third- that is the Treasury has now taken on much more risk by buying at inflated prices. It's a big risk transfer. But, the treasury can sit on these for quite a while. That's the key here. Will time calm down the markets enough for the Treasury to at least break even? Probably not. RTC v 1.0 didn't break even as I remember. But we don't need it to break even. It just has to be cheaper than bankruptcy for a bunch of firms. Will it get us there? I have no idea. We'll see.

I think the unspoken catch here is that Paulson probably has an inkling that the market price for this stuff is way below $0.40 on the dollar. I wouldn't be talking about that in public now either if I were Paulson. I'd find something to use in my model that supported a higher price. I dunno, maybe the... hold to maturity price... and talk about that all day long.

5

Posted by guest, Sep 25, 2008 11:52AM

"value investors and their ilk" ....yeah, it is called capital markets. if Goldman was not at risk, none of this would be on the table.

throw feces, yell conspiracy theory, etc, etc. doesn't change the facts.

filing bankruptcy would enact a clawback on those ridiculous bonuses. talk about getting lloyd's attention.

6

Posted by guest, Sep 25, 2008 11:53AM

There has to be an incentive to get all that hoarded cash unblocked.A substantial tax cut would drive the dollar up and increase the demand for dollar liquidity,enabling asset prices to rise.It would also break the inflation spiral that has always destroyed mortgage lenders.

7

Posted by mj, Sep 25, 2008 11:53AM

Bernanke's "hold to maturity" pricing that he advocates is just a different way of saying mark to model. The claim that the gov't will make money on the deal rests on the assets maturing, which is not what many expect. There is no reasonable expectation that the gov't will turn a profit selling into the market if they bot at 60 cents on the dollar. It's a foul deal. But in response to the question:"If it takes the Treasury manipulating markets into inflated price discovery to solve the twin problems (liquidity and solvency) that are gumming up the works, do we hold our noses and let it happen?"
Yes

8

Posted by guest, Sep 25, 2008 12:00PM

here:
http://en.wikipedia.org/wiki/Keating_Five

McCain sucks. It's long but worth the read.

9

Posted by guest, Sep 25, 2008 12:00PM

Are we not forgetting something?

This paper is being underpinned by assets that continue to detoriate. By some estimates we have a further 15% to 20% downside still to go on housing prices. And is could be 15 years before we see housing prices return to 2006 levels.

In addition to all this the economy is just at the start of what is going to be a very severe recession. Defaults on all types of consumer credit are going to get worse for the next 12-16 months. Commercial credit is just starting to detoriate.

Estimates for the 2009 s&p laughable are suggesting 27% growth.

So even if we take $700 billion and buy paper at above market prices the the assets underlying the paper will continues to detoriate along with the rest of the economy for the next year. Manipulation prices may help out banks but i am not sure it will in any way trickle down to help out any other entity.

Not that i am necessarily against a bailout but it is part of a solution but it is no means the solution. There really is NO complete solution and perhaps that is the hardest pill to swallow (other than the absolute ignorance and stupidity of 99% of the political class in the United States)

10

Posted by guest, Sep 25, 2008 12:01PM

What does not kill the economy makes it.... stranger.

http://tinyurl.com/3ew9b4

11

Posted by guest, Sep 25, 2008 12:02PM

Balls.

So they won't sell stuff that is making them insolvent at prices that would require them to (a) reveal their insolvency and (b) raise capital with a cleaner balance sheet?

It only makes them insolvent if they can't find capital after they sell, which capital won't be available until "confidence is restored" and lenders and investors know who they can trust. So your preferred solution is that we keep sweeping stuff under the carpet and hope a generous taxpayer gift fools investors and creditors long enought for the management to loot what's left of the assets and get out of dodge before the $700bn is shown to be poorly spent at too high prices?

A normal reponse would be to lift the short ban on anyone not selling to the fed at market prices. This is not a Mexican standoff, Paulson has a bazooka and the sellers have pop guns. Fuck 'em before they fuck us even more. Capitalist darwinism baby.

12

Posted by ep, Sep 25, 2008 12:02PM

"This paper is being underpinned by assets that continue to detoriate. By some estimates we have a further 15% to 20% downside still to go on housing prices. And is could be 15 years before we see housing prices return to 2006 levels.

In addition to all this the economy is just at the start of what is going to be a very severe recession. Defaults on all types of consumer credit are going to get worse for the next 12-16 months. Commercial credit is just starting to detoriate."

Since you have these forecasts pinned down perfectly, I expect you'll be making billions in the index futures markets. Think of us when you are sunning yourself in the South of France?

:)

13

Posted by guest, Sep 25, 2008 12:03PM

Look at ol' Carney already getting attention: http://www.thedeal.com/dealscape/2008/09/light_bulbs_caused_the_financi.php

14

Posted by guest, Sep 25, 2008 12:05PM

Buffet has it right. Plain and simple. Banks should not be able to remove this toxic shit without taking some hit...maybe DOT should not insist on market value (like Buffet says) but they should certainly not rely on valuation from models that have now been proven to be severely flawed of giving accurate value.

Banks should still be forced to take a write down of these when they sell to Treas and not be allowed to sell at the value (false) they hold them on their BS

15

Posted by guest, Sep 25, 2008 12:09PM

ep - from your lips to gods ear :).

16

Posted by guest, Sep 25, 2008 12:09PM

Yes, well and good. What seems to make more sense is moving the shit to an exchange so you have more effecient price discovery. Let the fucking CBOE, CME or one of the other derivative exchanges handle them. They have the existing expertise to craft these into viable, liquid markets. Well, at least I would hope they would.

17

Posted by diablo, Sep 25, 2008 12:11PM

Inflated price discovery is not price discovery.

18

Posted by ab, Sep 25, 2008 12:13PM

You're generally right, but why do this bailout through the roundabout way of buying crap assets above their market prices?

Mark 'em at the real price, let the banks fail, then come in to recapitalize. Wipe out the equity, convert the debt and the govt can take a senior piece and guarantee the counterparty risk. I agree that the gov't needs to come in w/ a bailout, but why not do it directly?

19

Posted by guest, Sep 25, 2008 12:19PM

#18 because they don't think like a taxpayer, their concern is bailing out their friends first and the economy second. Enough smart people have agreed that a bailout is necessary but not on these terms that you'd think it would have an impact. Hell no, just pump dumb politicos up with apocalyptic visions and get a blank check to screw the people. The only consolation is that hell shall have no fury like a chinese creditor. Watch and learn.

20

Posted by guest, Sep 25, 2008 12:19PM

is it pronounced "blah-jet", or "blah-jhay"?

21

Posted by guest, Sep 25, 2008 12:23PM

I am all for clawbacks. Why Stan O'Neil or Chuck Prince get to live like emperors while some backoffice guy has a family to support on $100K/year, looking for a job along with 25 other guys whose resumes look just like his - that is not right and while I am a Republican, I am just disgusted right now.

22

Posted by Bulging Bracket, Sep 25, 2008 12:25PM

All the idiots who think that they can "recover" the "outrageous" bonuses need to learn something. Bankruptcy only allows you to go after knowing fraud, and you have to prove it in curt, rather than your Marxist/Obamaphile/Paulian wet dreams. Since the people thought they were profitable and had no expectation of bankruptcy, no clawback. Bank runs, by their nature, are so sudden that the retrospective powers of bankruptcy law are useless. You can chase shady developers and people with slow train crash failures, but not IBs.

The second piece of ignorance is the belief that there's anything to seize. Most of the bonus gets paid in stock, not cash, and vests over a period of years (typically 5). With the cratering of the banks stock, and the equity dilution of current and previous rescue attempts, that money just isn't there. Jimmy Cayne went from a billionaire to just a few million, with Dick Fuld and Hank Greenberg joining the club of billion dollar losses. Nearly all the other targets have the same problems, and thus the money can't be seized.

23

Posted by guest, Sep 25, 2008 12:26PM

what about seller financing? clawback provisions on the sales?

I think MER did something like that with one of their asset sales (for 22 cents)

Everyone loves John Thain's moves with MER.

Therefore, BAC should buy MS and GS, too.

Seriously, ep, why aren't they talking about those options?

24

Posted by guest, Sep 25, 2008 12:32PM

If the govt. buys vanilla subprime, alt-a and prime mortgages, I bet they pull in a nice profit. what's more, if in the process they can substitute govt. bonds in all the CDOs where those jackass structurers used subprimes as AAA collateral, the securitization market could get a kick start again.

The problem with this whole deal is that we don't know what they want to buy and how much transparency and due diligence they will require.

If they are buying equity and mez tranches of RMBS CDOs, they will get screwed.

25

Posted by guest, Sep 25, 2008 12:37PM

#22: Bankruptcy only allows you to go after knowing fraud, and you have to prove it in curt,

Wrong. Fraudulent transfers can be constructive not only actual and trustees can recover property of equivalent value as of the time of transfer, not the actual property transferred or at today's values. Then there's preferences, whole other ball of wax. Worth a shot.

26

Posted by FUNdamental, Sep 25, 2008 12:44PM

one of the biggest not discussed issues is that buying houses is not an investment. You are taking out lots of debt to purchase a depreciating asset (the house). This asset will cost money to upkeep, additional taxes, and interest expense yet no one pays more money for an "antique" house. The land has some value. But really should just increase with inflation. Higher costs for basic goods (food, home, water etc...) is baasad not good. This allows for less capital being allocated to actual investments, which pay OUT interest or has expected future growth based on some reasonable assumptions of what they do. Houses just get older, this is a liability, not an investment.

27

Posted by guest, Sep 25, 2008 2:32PM

people are buying these assets??? no dude, no one has touched them with a 10foot pole for quite some while!

28

Posted by chernevik, Sep 25, 2008 3:49PM

"The problem here is that there isn't enough price discovery to tempt them out, or that the normal buyers (Goldman, etc.) face mark-to-market triggers"

I thought the urgent problem was that these mortgage markets were built on highly leveraged borrow short/buy long positions. As liquidity dries up, these are all in trouble, creating a huge asset overhang to clear so short-term borrowing can be repaid.

I suppose the "natural" holders of this paper are hold-to-maturity parties pension funds and insurance companies, but I think their capacity is limited because they don't take on leverage. They might not be willing to buy anyway, not knowing what to expect for default rates, or foreclosure recoveries after Congress rewrites bankruptcy. And they might fear looking stupid with a contrarian buy on "toxic" assets.

I think Treasury should just take the paper as collateral for loans, with a proviso that the borrower can't pay dividends until Treasury is repaid. That way everyone knows their counterparties can get financing, which would remove the major worry. Given time, buyers will emerge for this stuff as natural holders grow their equity. They can't buy it all, but once a more normal market develops we'll have real prices and secondary markets will recover. Some players will fail, but because they're long-term insolvent, and their failures won't take down the system.

(The only problem I can think of is, the Fed is already accepting this stuff as collateral. But I think they only lend to a limited set of players, and I don't think they're taking the worst paper as collateral. So a broader program would work better than what they're doing now.)

We would still see a credit contraction, as a lot of cash flow will be dedicated to filling equity holes rather than making new loans. But we were going to get that anyway.

29

Posted by guest, Sep 25, 2008 4:41PM

Fun @ 26 - you are ignoring population growth which should be the long term driver of real returns for RE (ignoring individul market dynamics).

30

Posted by guest, Sep 25, 2008 4:43PM

yes, "long-term repo" would be better

31

Posted by Anal_yst, Sep 25, 2008 5:11PM

@ FUNdamental

Ding Ding Ding, we have a winna!!!

The effing NAR should be sued for fraud, if anyone in this whole cockamamie scheme. Their bs is so blatently and downright wrong I can't believe this hasn't happened already.

32

Posted by guest, Sep 25, 2008 5:20PM

If the government is buying these assets at "market" prices then the whole exercise of raising $700 billion is pointless. Financial firms can sell these assets at "market" prices without government intervention. If however, the goal is to recapitalize firms through direct purchases and their resulting impact on the asset marks of similar bonds held by other banks, then they will pay above market for everything.

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