The Bailout Passed: So Why Do Stocks Continue to Fall?

To no one's surprise, after a slight delay and an extended drum roll, the $700 billion "bailout" package was approved last week. Also not surprisingly, after a one day stabilization, markets continued their free fall as we had said they would.

Why?

Because "$700 billion bailout" is a headline, not a plan. It passed without determining: exactly what was to be acquired; from whom; who was going to actually make the purchases: at what price; and how that price would be determined.

It didn't address the real issue: A lack of confidence in our financial institutions based on not knowing what is in their portfolios. In short, we worry, "is the situation even worse than we realize?"

How could our House of Representatives pass such an extraordinary measure with such little information? Confidence that President Bush got it right? Treasury Secretary Paulson? Fed Chairman Bernanke?

Nope. Because Warren Buffet said so.

It went something like this:

Warren: "Golly gee, Republican Congressmen, 60% of you objected to this bailout. If I had known that I would never have purchased $5 billion of Goldman Sachs stock at a huge discount and with a previously unheard of 10% dividend. And with an option for $5 billion more. Boys and girls, you better rethink this, because Goldman only has a $50 billion war chest, and we need the government to buy all the illiquid, unpriced crap on Goldman's books (at prices we will be happy to establish) so Goldman is free to purchase all the banks assets that the Fed is going to foreclose upon and sell at a discount in the next 12 months." (More on that later.)

What Republican politician can resist Warren Buffet? It is un-American to deny this guy a 20%+ return on his capital year after year. Somewhere it is written that the world's richest man must be the one to capitalize on the downfall of the American financial markets, and Congress had better buck up and make it so, even if his argument is self serving and has no logical rationale. Hey, this is Warren freaking Buffet we are talking about here!

So now the bill has passed and somebody, not sure exactly who, is sitting on a real big pile of cash, and at least the "from whom?" question is partially answered: Goldman Sachs.

What has this done and what will it do for our markets? To date, absolutely nothing. We have suffered a 2000 point drop in the DJIA since its passage. The smart folks on Wall Street (I prefer Rob Rubin, the former head of Goldman, to Warren Buffet, when it comes to matters of financial firms) knew this would be the case.

So what should we do next? What are the "smart guys" clamoring for?

Suspension or elimination of FASB 115, the so-called "Mark to Market Accounting" rule, and its recent follow-on FASB 157, the "Fair Value Measurement" rule, which they believe is the real cause of our financial crisis.

I can hear your resounding: "Huh?... What the heck are these FASBs? Mike, explain."

My pleasure.

FASB 115 and 157 contain the seemingly common sense rule that financial firms need to account for (or "mark") their assets (stocks, bonds, loans, etc ) at their current market price, rather than simply leaving them at the price paid for them. If the prices of these assets decline, then firms needs to mark them down, not unlike a retailer marking down its spring stock once summer rolls around.

"Mike, What is wrong with that? Sounds like common sense!" you say.

Well, it seemed that way for a long time, so much so that the assets to which FASB 115 applied continued to expand. And in "normal" markets, which I will define as one with both a "bid" (offer to purchase) and and an "ask" (offer to sell), it works fine. But what about when you do not have a bid? Or when the bid-ask spread (the difference between offers to purchase and to sell) is exceedingly wide? What is the market price then? And does this reflect "true value?"

Lets make a simplified example:

Suppose a financial institution owns a sub prime loan, which in this example we will define as a mortgage with zero money down (100% loan) to a credit worthy borrower. That borrower continues to make payments on time. Lets further suppose that a home in the same neighborhood, with the same layout and built by the same builder at the same time, recently sold in a foreclosure sale at a 40% discount to the face amount of our financial institution's loan amount. Now, where should we "mark" our loan, i.e. what is its market value?

There are three possible answers:
1) Par. After all, the borrower continues to perform on his obligation and is expected to continue to do so.
2) 60% of par; reflecting the 40% discount in market value of homes in that neighborhood.
3) Something less than 60%, reflecting the fact that if a financial buyer was to purchase the loan it would be at a discount to the market value of the home.

Now, repeat this example several million times, and throw in millions more derivative instruments based on these underlying mortgages, and you will start to understand the magnitude of what Wall Street is calling the "Mark to Market Problem."

There are roughly 8500 banks in the US, and thousands of fund managers, and they all are to some degree facing this dilemma. If they all were to mark the assets in their portfolio to the bid price (or implied bid price) for those assets, in almost every case their capital base would wiped out, despite in many cases only a negligible effect on their cash flow.

Simplistically, this is what led to the failure of both Bear Sterns and Lehman Brothers. Because there was a perception that their assets had drastically declined in value, Bear and Lehman were unable to get the short term financing that financial institutions rely upon, thus forcing them (in Bear's case) to sell for next to nothing or (in Lehman's case) declare bankruptcy where they are currently selling themselves for even less.

Turnaround/Vulture investor Wilbur Ross recently predicted that 1000 banks will be forced to close within the next year or so (and he has raised a fund to buy a bunch of assets). History suggests that his claim is modest. In its existence, the Fed has closed 3,286 banks. 82% of these, or roughly 2600, were closed or forcibly sold in 1990-1992, the last time the government stepped in to help us out of a financial mess with an imbecilic strategy. (Check out the companion post "Legislative Idiocy - Its Like Deja Vu All Over Again" to rehash that government imposed debacle.) Goldman, Buffet, Ross and others are counting on this happening again, and are well positioned to acquire cheaply assets when they come up for sale.

Back to our current issue: Would a change to the mark-to-market rules solve our problem?

Wall Street argues that marking illiquid assets to market does not reflect their true value, and that marking them down will only damage the firms rather than impart the intent of FASB 115 - to reflect "impairment." In other words, the losses incurred from writing these assets down are imaginary, not real.

What is real is what can and has happened after these writedowns occur - the firms' capital bases are diminished, on paper, so that they are out of compliance with required regulatory capital causing:
1) investor panic which leads to a stock price freefall;
2) depositor panic which leads to deposit outflows;
3) trading partner panic which leads to elimination of trading lines and short term loans.

A precipitous stock drop is bad. Losing deposits and lines of credit eliminates liquidity and causes firms to shut the doors, ala Bear, Lehman, Indy Mac, and WaMu.

So will suspension of Mark-to-Market rules stop this trend? No. and, Yes.

No, in that I am not so sure that if previously written down assets were to be written back up, that the stocks and liquidity would suddenly return to previous levels. The cat is out of the bag, ie investors and analysts would be skeptical of capital bases suddenly inflated by an 180 degree turn on this issue.

Yes, however, it should help in respect to additional writedowns. Financial firms have not written down all their assets to the extent that they truly reflect the price at which they would trade, or that would reflect their value in today's world. This is particularly true in that prices keep dropping every day. It is an impossible task, and it largely depends upon assumptions of supply - what assets are assumed to be traded and how much at any one time.

So what to do? Certainly, we need to do SOMETHING!

So I yield to Wall Street: Lets temporarily suspend FASB 115 and FASB 157. But we need to make sure that this isn't an opportunity for weak institutions to mask their problems.

In Japan's economic crisis of the late 1980s through the 1990's, the banks did not write down assets to reflect true losses due collusion with government officials. Instead the government lowered interest rates to 0% in order to stimulate the economy. This lack of recognition delayed banking reform and caused Japan's financial markets to be stagnant for almost 15 years.

This could certainly happen in the US.

So, instead of writing down assets per the Mark-to-Market rules, financial institutions would identify with much more specificity the assets affected. How much real estate backed bonds and related derivatives do they have? How much in direct loans? How much in credit default swaps? What are their lines to other financial institutions? How much of each asset type are in default?

Clearer information about the portfolios would allow investors and lenders to make better decisions about which financial institutions are healthy, and which need help.
Also, since writedowns are subjective, this approach would not penalize or reward firms for being conservative or aggressive with their valuations.

However, do not think that this will suddenly float our markets. That will take time, more capital, and an economy not solely driven by real estate.

Subjects for future posts.