Wed 2010-10-13 09:01 EDT

Foreclosure, Subprime Mortgage Lending, and the Mortgage Electronic Registration System

Christopher Peterson

...Mortgage Electronic Registration Systems, Inc., commonly referred to as ``MERS,'' is the recorded owner of over half of the nation's residential mortgages. MERS operates a computer database designed to track servicing and ownership rights of mortgage loans anywhere in the United States. But, it also acts as a proxy for the real parties in interest in county land title records. Most importantly, MERS is also filing foreclosure lawsuits on behalf of financiers against hundreds of thousands of American families. This Article explores the legal and public policy foundations of this odd, but extremely powerful, company that is so attached to America's financial destiny...The article culminates in a discussion of MERS' culpability in fostering the mortgage foreclosure crisis and what the long term effects of privatized land title records will have on our public information infrastructure. The Article concludes by considers whether the mortgage banking industry, in creating and embracing MERS, has subverted the democratic governance of the nation's real property recording system.

foreclosures; mortgage Electronic Registration System; subprime mortgage lending.

naked capitalism Sun 2010-10-10 13:23 EDT

Jim Quinn: Consumer Deleveraging = Commercial Real Estate Collapse

...Retailers expanding into an oversaturated retail market in the midst of a Depression, when anyone without rose colored glasses can see that Americans must dramatically cut back, are committing a fatal mistake. The hubris of these CEOs will lead to the destruction of their companies and the loss of millions of jobs. They will receive their fat bonuses and stock options right up until the day they are shown the door. All of the happy talk from the Wall Street Journal, CNBC and the other mainstream media about commercial real estate bottoming out is a load of bull... there is absolutely no chance that commercial real estate has bottomed. There are years of pain, writeoffs and bankruptcies to go...

Commercial Real Estate Collapse; Consumer deleveraging; Jim Quinn; naked capitalism.

The Economic Populist Mon 2010-09-20 19:16 EDT

"There Is No Economic Justification for Deficit Reduction" Galbraith to Deficit Commission

James K. Galbraith

...Your proceedings are clouded by illegitimacy. In this respect, there are four major issues. First, most of your meetings are secret, apart from two open sessions before this one, which were plainly for show. There is no justification for secret meetings on deficit reduction... Second, there is a question of leadership. A bipartisan commission should approach its task in a judicious, open-minded and dispassionate way...Senator Simpson has plainly shown that he lacks the temperament to do a fair and impartial job on this commission...Third, most members of the Commission are political leaders, not economists. With all respect for Alice Rivlin, with just one economist on board you are denied access to the professional arguments surrounding this highly controversial issue...Conflicts of interest constitute the fourth major problem. The fact that the Commission has accepted support from Peter G. Peterson, a man who has for decades conducted a relentless campaign to cut Social Security and Medicare, raises the most serious questions...You are plainly not equipped by disposition or resources to take on the true cause of deficits now and in the future: the financial crisis. Recommendations based on CBO's unrealistic budget and economic outlooks are destined to collapse in failure. Specifically, if cuts are proposed and enacted in Social Security and Medicare, they will hurt millions, weaken the economy, and the deficits will not decline. It's a lose-lose proposition, with no gainers except a few predatory funds, insurance companies, and such who would profit, for some time, from a chaotic private marketplace...

deficit Commission; deficit reduction; economic justification; economic populist; Galbraith.

naked capitalism Mon 2010-09-20 19:10 EDT

American Businesses and Consumers are NOT Deleveraging ... They Are Going On One Last Binge

Everyone knows that the American consumer is deleveraging ... living more frugally, and paying down debt. Right?...Karl Denninger notes: ``From a peak in 2005 of $13.1 trillion in equity in residential real estate, that value has now diminished by approximately half to $6.67 trillion!Yet outstanding household debt has in fact increased from $11.7 trillion to $13.5 trillion today. Folks, those who claim that we have ``de-levered'' are lying. Not only has the consumer not de-levered but business is actually gearing up -- putting the lie to any claim that they have ``record cash.'' Well, yes, but they also have record debt, and instead of decreasing leverage levels they're adding to them'' ...the government has done everything it can to prevent deleveraging by the financial companies, and to re-lever up the economy to dizzying levels.

American businesses; Binge; consumer; deleveraging; Go; naked capitalism.

naked capitalism Fri 2010-09-17 09:55 EDT

Having Hollowed Out IT in the US, Indian Outsourcers Complain Re Difficulty of Finding US Staff

Lordie, if this isn't disingenuous, I don't know what is. From the Financial Times: US universities are producing too few engineers to meet industry demand, Indian outsourcing companies say, leaving such businesses little choice but to hire foreign skilled workers to fill jobs in America...[copious valuable commentary: US software industry; technology careers]

find; hollow; Indian Outsourcers Complain Re Difficulty; naked capitalism; staff.

Thu 2010-08-26 09:23 EDT

Jingle mail in Jersey from Hyatt Hotels ... | footnoted.com

If you're in Princeton, New Jersey, anytime soon, swing by the Hyatt Regency Princeton. With the Hyatt Hotels (H) quarterly report filed yesterday, it has become a symbol of the financial crisis... Like households across the country, one of Hyatt's subsidiaries ``did not have sufficient cash flow to meet interest payment requirements under its mortgage loan'' on the property, in this case a 347-room hotel with a restaurant, bar and comedy club, just a mile from [Princeton University]....``When hotel cash flow became insufficient to service the loan,'' the company said in the filing, ``HHC notified the lender that it would not provide assistance.'' In other words, Hyatt decided to walk away -- the equivalent of ``jingle mail''...

com; Footnote; Hyatt hotel; Jersey; Jingle Mail.

Satyajit Das's Blog - Fear & Loathing in Financial Products Thu 2010-08-19 16:16 EDT

Grecian Derivative

Satyajit Das

...In the 1990s, Japanese companies and investors pioneered the use of derivatives to hide losses...Since then, the use of derivatives to disguise debt and arbitrage regulations and accounting rules has increased...Italy used a currency swap against an existing Yen 200 billion bond ($1.6 billion) to lock in profits from the depreciation of the Yen. The swap was done at off-market rates...the swap was really a loan where Italy had accepted an off-market unfavourable exchange rate and received cash in return...A key element of the recent Greek debt problems has been the use of derivative transactions to disguise the true level of its borrowing...More recently, similar structures have emerged in Latvia...This follows a series of revelation regrading the use of derivatives by municipal authorities in the U.S., Italy, German, Austria and France where complex bets on interest rates were used to provide funding or cosmetically lower borrowing costs. Many of these transactions resulted in substantial losses and are now in dispute...Normal commercial transactions can be readily disguised using derivatives exacerbating risks and reducing market transparency. Current proposals to regulate derivatives do not focus on this issue...

fears; financial products; Grecian Derivative; loath; Satyajit Das's Blog.

naked capitalism Tue 2010-08-17 12:40 EDT

Guest Post: Why Clearninghouses Are a Maginot Line Against Systemic Risk

Warren Turbeville

As discussed in ECONNED and on this blog, clearinghouses are not a solution to the systemic risk posed by credit default swaps, since there is no way to have a CDS counterparty post adequate margin and have the product be viable (to put it more simply, adequate margin make CDS uneconomic). ..I am one of the few people around who knows something about the clearing business and theory and is not employed by an investment bank or clearinghouse. At the end of my career on Wall Street, I was hired to perform a financial autopsy of the special purpose derivatives clearinghouse set up by California as part of an innovative power market structure. It had failed in the state's power crisis of 2001-02. Observing the tremendous systemic risk generated by using conventional clearing techniques for all but straightforward derivatives, I embarked on a seven year quest. I formed a company that designed a mathematical, IT and legal structure to provide a transparent and orderly system to manage the risks of those derivatives which shouldn't be cleared conventionally. Imagine my surprise when the banks decided against using the system...

Clearninghouses; Guest Post; Maginot Line; naked capitalism; systemic risk.

Mon 2010-08-16 12:56 EDT

Help:How to research U.S. corporations - SourceWatch

This Guide, consisting of this main article and three more in-depth sub-articles, is designed to help researchers and activists gather essential information on any type of U.S.-based company, whether small or large, privately held or publicly traded. The resources listed here are all, in one way or another, part of the public record. The first part covers leading sources of basic information on companies of all kinds. The second part focuses on information sources relating to the key relationships every company must have in order to function. The final part shows you how to gather information about a company's "social responsibility" record. Together, these sections will help you find all the basic information needed to support efforts to get companies to do the right thing. Happy hunting!...

help; research U.S. corporations; SourceWatch.

Sat 2010-08-07 19:40 EDT

The biggest lie about U.S. companies

Brett Arends' ROI - MarketWatch

You may have heard recently that U.S. companies have emerged from the financial crisis in robust health, that they've paid down their debts, rebuilt their balance sheets and are sitting on growing piles of cash they are ready to invest in the economy...It's a crock...their debts have been rising, not falling. By some measures, they are now more leveraged than at any time since the Great Depression...gross domestic debts of nonfinancial corporations now amount to 50% of GDP. That's a postwar record...net leverage is nearly 50% of corporate net worth, a modern record...

biggest lie; U.S. companies.

PRAGMATIC CAPITALISM Thu 2010-08-05 19:52 EDT

REGARDING THOSE ``STRONG'' CORPORATE BALANCE SHEETS

TPC

Brett Arends had an excellent piece on MarketWatch yesterday regarding the true state of US corporations...the total debts of these companies has...skyrocketed...corporations are even worse off today (in terms of debt levels) than they were when the crisis began...It's not just the consumer and banking sectors that remain overly indebted and poorly positioned in the long-run. The period of de-leveraging (balance sheet recession) is likely far from over and the continuation of the private sector weakness likely to continue until the problem of debt is accepted and dealt with...Private sector demand for debt is likely to remain very tepid and this will exacerbate the risk of deflation and economic weakness.

corporate balance sheets; PRAGMATIC CAPITALISM; strong.

Fri 2010-07-16 18:30 EDT

On Pelosi's Duplicity and Apparent Sandbagging of Elizabeth Warren <<; naked capitalism

Yves Smith

Despite her longevity as a California pol, house speaker Nancy Pelosi is looking like every bit as much of a dyed-in-the-wool financial services industry backer as the Congressmen on the New York-Boston corridor...So why are we pointing a finger at Pelosi in particular? The next chapter is her appointment of one Richard Nieman to the Congressional Oversight Panel...Nieman is the New York Superintendant of Banks. He helped Goldman set up its bank holding company...Nieman fell out with the other Democrats and wrote a joint opinion with John Sununu...to anyone with a passing acquaintance with the facts, the dissenting views are absurd...I can't imagine that Nieman would have fallen in with the Republicans without at least as a courtesy informing Pelosi in advance...So Pelosi is at a minimum sitting this one out (which I deem unlikely) or on board with the program to undermine Warren. And let us not kid ourselves, the knives are coming out...[2009-04-26]

Apparent Sandbagging; Elizabeth Warren; naked capitalism; Pelosi's Duplicity.

Minyanville Fri 2010-07-16 14:43 EDT

Intel Shows the 'Financialization' of Corporate America

Peter Atwater

To quote the company's own earnings headline: "Intel Reports Best Quarter Ever."While not taking anything away from the company's ability to deliver I'd strongly encourage readers to look at Intel's (INTC) balance sheet. To these eyes it's filled with financial assets...few have paid attention to what I term the "financialization" of corporate balance sheets, in which productive manufacturing assets have been increasingly replaced by various financial instruments, derivatives, and goodwill...because so much of corporate balance-sheet space is now a function of credit and market risk, financialization has created much tighter correlations to financial institutions than many currently think...And with corporate balance sheets more and more laden with financial instruments, it isn't just going to be product innovation that drives what earnings are ahead for companies like Intel.

Corporate America; Financial; Intel shows; Minyanville.

naked capitalism Wed 2010-07-07 14:29 EDT

Face to Face With Polished Wall Street Psychopathy (SEC Says that ICP Stole from My Old Company Edition)

Tom Adams, an attorney and former monoline executive

When the financial crisis hit, I was in the direct line of fire. My company blew up very early in the crisis, giving me the dubious opportunity to see how bad things were going to get long before most of the rest of the world, including other banks, insurers, investors, administration officials or Federal Reserve members, were able to perceive the trajectory of the crisis...much of what I thought I knew was based on things that weren't really true...While many of the failings of the structured credit market were due to unsound reliance on historical data, some were not mistakes in judgment but were the result of bad actors, misinformation and wrongdoing...

Faces; ICP Stole; naked capitalism; Old Company Edition; Polished Wall Street Psychopathy; SEC says.

Sat 2010-05-22 14:06 EDT

A Japanese Rx for the West: Keep Spending - Interview with Richard Koo - Barrons.com

LESLIE P. NORTON

America seems to be suffering from the same affliction that has hobbled Japan for so long -- a balance-sheet recession. And no matter how hard the Federal Reserve tries, it won't end until businesses shake their heavy loads....the private-sector companies are no longer maximizing profits; they are minimizing debt. They are minimizing debt because all the assets they bought with borrowed money collapsed in value, but the debt is still on their books, so their balance sheets are all under water. If your balance sheet is under water, you have to repair it. So everybody is in balance-sheet-repair mode...It took us [in Japan] a decade to figure out. People said, "Ah, just run the printing presses, ah, structural reform, ah, just privatize the post office, this and that, and everything will be fine." Nothing worked. This is pneumonia, not the common cold. When people are minimizing debt because of their balance-sheet problems, monetary policy is largely useless. If your balance sheet is under water, in negative equity, you are not going to borrow money at any interest rate, and no one will lend you money, either...

Barrons; com; interview; Japanese Rx; keep spending; Richard Koo; West.

Mish's Global Economic Trend Analysis Wed 2010-05-19 15:00 EDT

Retail Sales Rise: Where? Let's Take a Look; Expect Nothing Less Than Panic

Michael Shedlock

...To understand why the Advance Retail Sales report is completely bogus, we must first analyze the Census Bureau Methodology...The published numbers are based on "same store sales". Think about all the companies that have gone bankrupt. Take Circuit City for an example. Gone. The doors are closed. Some of those shoppers went to Best Buy where same store sales rose. Also remember that Best Buy and many other chains closed weak stores. The result: same store sales went up again. Government methodology for reporting retail sales is based on sampling stores in existence. It does not factor in stores not in existence but recently were. Nor does it handle closed stores when the chain is still doing business. Government reporting of retail sales is fatally flawed. To understand what is going on, all one has to look at actual tax data. Heard any rosy numbers from states about sales tax collections?

expectations; Let's take; looking; Mish's Global Economic Trend Analysis; panic; Retail Sales Rise.

zero hedge Sun 2010-05-09 09:15 EDT

Where Was Goldman's Supplementary Liquidity Provider Team Yesterday? A Recap Of Goldman's Program Trading Monopoly

In addition to having said many things about HFT in general in the last year, over the past 12 months Zero Hedge has focused a lot of attention specifically on Goldman's dominance of the NYSE's Program Trading platform, where in addition to recent entrant GETCO, it has been to date an explicit monopolist of the so-called Supplementary Liquidity Provider program, a role which affords the company greater liquidity rebates for, well providing liquidity (more on this below), and generating who knows what other possible front market-looking, flow-prop integration (presumably legal) benefits. Yesterday, Goldman's SLP function was non-existent. One wonders - was the Goldman SLP team in fact liquidity taking, or to put it bluntly, among the main reasons for the market collapse...Readers are welcome to go back through our archives and acquaint themselves with the NYSE's SLP program, with Goldman's domination of program trading, with Goldman's domination of dark trading venues via the Sigma X suite, with Goldman's domination of flow trading via Redi X, and with Goldman's domination of virtually every vertical of the capital markets, which would be terrific if monopolies were encouraged in the US...We have long claimed that Goldman is the de facto monopolist of the NYSE's program trading platform. As such, it is certainly the case that Goldman was instrumental in either a) precipitating yesterday's crash or b) not providing the critical liquidity which it is required to do, when the time came...

Goldman's Program Trading Monopoly; Goldman's Supplementary Liquidity Provider Team; Recap; Zero Hedge.

Mon 2010-04-26 14:57 EDT

SPIEGEL ONLINE - Druckversion - A Homecoming for Lost Jobs: Burned by Offshoring, Mid-Sized Firms Return Production to Germany - SPIEGEL ONLINE - News - International

SPIEGEL ONLINE, Hamburg, Germany

The trend towards offshoring production from Germany to other countries is slowly being reversed, with medium-sized businesses leading the way. In fact, Germany is itself becoming an attractive location for foreign investment...Many thousands of German companies joined the march to Eastern Europe and China during the past 15 years, hoping to reduce production costs there. But recently many have been returning, disillusioned. Smaller companies in particular are finding they overestimated the apparent advantages of low labor costs or more advantageous tax laws. So far, it has not been the largest and most well known companies that have begun reconsidering Germany as a production location. And the return home usually involves considerably less ballyhoo than the earlier offshoring of production. Nevertheless, the trend is significant because medium-sized companies are both the heart and the driving force behind the German economy...

burned; Druckversion; Germany; homecoming; International; Lost Jobs; Mid-Sized Firms Return Production; news; offshore; Spiegel Online.

Mon 2010-04-26 14:55 EDT

When Outsourcing Fails: One in Five German Firms Leaving China - SPIEGEL ONLINE - News - International

SPIEGEL ONLINE, Hamburg, Germany

Citing fast-climbing labor costs and pesky production quality problems, a growing number of German companies are doing an about face and pulling their manufacturing operations out of China. Some are searching for countries with lower wages while others are returning production to Germany...

German Firms Leaving China; International; news; Outsourcing Fails; Spiegel Online.

zero hedge Fri 2010-04-23 20:02 EDT

An Overview Of The Fed's Intervention In Equity Markets Via The Primary Dealer Credit Facility

Recently, Zero Hedge presented a snapshot analysis of the various securities that made up the triparty repo agreement involving JPM, Lehman and the Fed. We uncovered numerous bankrupt companies' equities that were being pledged as collateral for what ultimately was taxpayer exposure. To our surprise, this discovery is not an exception, and in fact in the days immediately preceding the collapse of Bear Stearns first, and subsequently, Lehman Brothers, the Federal Reserve established and refined a program that permitted banks to pledge virtually any security as collateral, including not just investment grade bonds and higher ranked securities, but also stocks of companies, the riskiest investment possible, and a guaranteed way for taxpayer capital to evaporate in the context of a disintegrating financial system, all with the purpose of bailing out Wall Street's major institutions. On two occasions last year: on March 16, 2008, and subsequently on September 14, 2008, the Federal Reserve first established what is known as the Primary Dealer Credit Facility (PDCF), and subsequently amended it, so that the Fed, in becoming the lender of last resort, would allow any collateral, up to and including stocks, to be funded by the Federal Reserve's credit facility, in order to prevent the $4.5 trillion repo financing system from imploding. By doing so, the Federal Reserve effectively gave a Carte Blanche to primary dealers to purchase any and all equities they so desired, with such purchases immediately being funded by the US taxpayer, via the PDCF. In essence, this was equivalent to the Fed purchasing equities by itself through a Primary Dealer agent...

equity markets; Fed's interventions; overview; Primary Dealers Credit Facility; Zero Hedge.

Fri 2010-03-12 08:51 EST

AlterNet: The Business Roundtable: The Most Powerful Corporate Business Club Most Americans Have Never Heard of

David DeGraw, Amped Status

...At the center of this group is the Business Roundtable, an organization representing Fortune 500 CEOs that is also interlocked with several lead elite organizations. Most Americans have never heard of the Business Roundtable. However, in my analysis, it is the most influential and powerful Economic Elite organization...The Business Roundtable is the most powerful activist organization in the United States. Their leaders regularly lobby members of Congress behind closed doors and often meet privately with the President and his administration. Any legislation that affects Roundtable members has almost zero possibility of passing without their support...look at healthcare and financial reform, along with the military budget. The healthcare reform bill devolved into what amounts to an insurance industry bailout and was drastically altered by Roundtable lobbyists...Almost every aspect of financial reform has been D.O.A. thanks to Roundtable lobbyists...The drastic rise in military spending is also a result of Roundtable lobbyists pushing the interests of large military companies...the Business Roundtable, Chamber of Commerce and the American Bankers Association - along with the Federal Reserve, a secretive quasi-government private institution, form the center of the Economic Elite's power structure...The Economic Elite dominate US intelligence and military operations. Other than the obvious geo-strategic reasons, the never-ending and ever-expanding War on Terror's objective is to drain the US population of more resources and further rob US taxpayers, while using our tax money to create a private military that is more powerful than the US military...

AlterNet; American; Business Roundtable; Heard; Powerful Corporate Business Club.

The Money Game Tue 2010-03-09 17:38 EST

Speculators Bid Up AMBAC CDS, As Fears Of A Municipal Default Wave Proliferate

Here's the latest from DebtWire: The CDS market is signaling increased fears that Ambac operating company Ambac Assurance will enter receivership within the year as fear of a municipal bond crisis spreads...

AMBAC CDS; fears; Money game; Municipal Default Wave Proliferate; Speculative bid.

zero hedge Wed 2010-02-03 16:00 EST

Russia Urged China To Dump Its Fannie, Freddie Holdings Before GSE Bailout

This is how the cold war will look like in the post-Lehman era (when all the debt risk is held on the public balance sheet): one country urging another to sell a third's bonds. According to Hank Paulson's soon to be released memoir, Russia had urged China to sell its GSE holdings in August 2008 "in a bid to force a bailout of the largest U.S. mortgage-finance companies." China refused... That time. Of course, what has transpired since is that China, through the Fed custodial account, has rotated a vast majority of its GSE holdings into Treasuries, in essence doing just what Pimco's Bill Gross has been doing since the beginning of 2009: offloading hundreds of billions of Fannie and Freddie bonds straight to the Federal Reserve.

Dump; Fannie; Freddie Holdings; GSE bailout; Russia Urged China; Zero Hedge.

Clusterfuck Nation Sun 2010-01-31 11:40 EST

Marching Toward Zombieland

James Howard Kunstler

...The questions lately revolve around whether the nation is destroying itself by inflation or deflation - by the willful destruction of the value of our currency to evade the repayment of debt, or by the hapless destruction of households, companies, and governments by default and bankruptcy. It's a fire-or-ice debate. Either way the nation is going down as a viable enterprise. The fiction that we can return to a Crate-and-Barrel credit card orgy has sustained the false of heart and mind for some months now, but even that pleasant reverie will come to an end as the foreclosures mount. Only remember, men living in their cars who have lost nearly everything else will still have guns.

Clusterfuck Nation; March; Zombieland.

The Full Feed from HuffingtonPost.com Fri 2010-01-29 16:28 EST

'Freefall' Excerpt: Too Late To Fix The Biggest Banking Blunder In History?

The Huffington Post News Editors

Reprinted from Freefall by Joseph Stiglitz. Copyright (c) 2010 by Joseph E. Stiglitz. Used with permission of the publisher, W.W. Norton & Company, Inc. The entire series of efforts to rescue the banking system were so flawed, partly because those who were somewhat responsible for the mess--as advocates of deregulation, as failed regulators, or as investment bankers--were put in charge of the repair...

Biggest Banking Blunder; com; excerpts; Fix; freefall; full Feeds; History; HuffingtonPost; lately.