15 January 2010

Weekend Highlight: The Bankers Testify to the Financial Crisis Inquiry Commission


High drama.

Wes Craven's remake of It's a Wonderful Life



concept h/t Barry Ritholz

A Brief Bio of the Star of the Proceedings.



"The details of my life are quite inconsequential. My father was a relentlessly self-improving boulangerie owner from Belgium with low-grade narcolepsy and a penchant for buggery. My mother was a 15-year-old French prostitute named Chloe with webbed feet. My childhood was typical, summers in Rangoon, luge lessons. In the spring, we'd make meat helmets. When I was insolent, I was placed in a burlap bag and beaten with reeds. Pretty standard, really."

Up Next: A Pop on the Long End of the Yield Curve



Weapons of Mass Distraction
Fox Business News

Guest Post: An Analysis of JPM's Credit Card Business


2009 Credit Card Segment Results: JPMorgan Chase
By Keith Hazelton, The Anecdotal Economist

Credit Card Fee and Interest Income Soar as Nation's Largest Credit Card Company Hammers the Customers Who Bailed It Out in 2008

While we are waiting for the December Federal Reserve G.19 Consumer Credit report due February 5th, which will confirm 2009's complete collapse of Revolving Consumer Credit resulting from millions of the insolvent and near-insolvent 60 percent or so of Americans who carry credit card balances month-to-month but who desperately are trying to reduce the hideous debt-shadow which has remained long after the afterglow has faded from years of restaurant meals, trips to Disney World, flat-screen televisions, college tuitions and entrepreneurial forays, inquiring minds may care to put JPM Morgan Chase's full-year card services results under the microscope.

In JPM's January 15, 2010 earnings release, on pages 18-20 of its Earnings Release Financial Supplement, the nation's largest credit card company by cards and balances details the sorry state of what in better years was its most profitable segment.



JPM's 2009 Card Services segment results are summarized in the table above, which highlights some of the lowlights:

  • End of year balances, both held and securitized (so-called Managed Card Assets), fell 14.1 percent in 2009 to $163.4 billion. The number of cards issued (not detailed above) also fell 14.0 percent to 145.3 million from 168.7 million at the end of 2008.

  • Notwithstanding a $26.9 billion decline from 2008, JPM's credit card fee income (late fees, overlimit fees, telephone payment fees, balance transfer fees, annual card fees) soared 30.5 percent to $3.6 billion, and net card interest income jumped 26.4 percent to $17.4 billion as the bank clearly scrambled to raise interest rates on as many cardholders as possible ahead of 2010 rule changes.

  • Reflecting those abominable fee income and interest income grabs from the very taxpayers who enabled their own misery by allowing JPMorgan Chase to be bailed out in 2008 along with the rest of the "too big to fails," the bank's credit card net revenue as a percentage of average balances grew 15.7 percent in 2009.

  • JPM's 2009 total charge volume fell 11.0 percent to $328.3 billion, reflecting the nation's newfound preference for debit cards and cash.

  • 2009 charge offs nearly doubled to $16.1 billion (Managed Card basis), representing 9.33 percent of average card balances.

So, JPM Chase in 2009 oversaw the charge-off of $16.1 billion of its own and securitized credit card balances, and its still-solvent card debt-slave customers paid down (or transferred, however unlikely) another $10.8 billion, which equals the $26.9 billion decline in EOY balances.

So far, according to the Fed, 2009 revolving consumer credit balances have plunged more than $100 billion through November, and it looks like JPM Chase, which held a 22 percent card market share in 2008, is accounting for slightly more of the decline than its market share would warrant.

Bank of America, the nation's number two credit card company, which reports 4Q and 2009 results January 20th, has been writing off its managed card balances at an annual rate of more than 13 percent, and we will look forward to seeing its grim full-year results, as well as those of the other dozen or so financial institutions which now control nearly 90 percent of the racket industry.

The nation's big banks in the 1990s and early 2000s wanted to consolidate the then-immensely profitable credit card industry in the worst way, and, as 2009 results will prove, they got it - in the worst way.

And to remind readers where we think revolving consumer credit balances are headed (to $300 billion - $500 billion from the nearly $900 billion last month) over the coming decade, here's a repost of a chart we first published in December.



Big Banks Demand Cash Payments "Off the Books" from Homeowners to Avoid Foreclosure


"The Hobbs Act defines extortion as the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. 18 U.S.C. S 1951."

Interesting story in which Citi and J.P. Morgan among second lien holders are demanding cash payments "off the books" from homeowners in order to allow a short sale to proceed in lieu of a foreclosure, a total loss and a black mark on their credit record.

Was my characterization of the big Wall Street banks as 'sociopathic' a bit harsh as a reader asked?

No, more likely understated. Remember, this is not some small local lender facing a loss and trying to get something out of it for their trouble. These are the TARP-sucking, discount window-feeding, bonus paying, fraudulent flim-flam 29.9% interest-charging pigmen who are demanding a pound of flesh from the down and out and the dispossessed as a consequence of their own reckless lending practices.

Change you can believe in.

The banks must be restrained, and the financial system reformed, and the economy brought back into balance, before there can be a sustained recovery.

CNBC
Big Banks Accused of Short Sales Fraud

January 15, 2010, 12:55 pm EST

Just as regulators, lawmakers and all forms of financial oversight boards are talking about new regulations to guard against mortgage fraud and another mortgage meltdown, there appears to be yet a new mortgage fraud out there today, allegedly perpetuated by agents of, yes, the big banks.

I was first alerted to this by Jeremy Brandt, the CEO of several companies that bring short sale agents, investors and sellers together.

His companies include 1800CashOffer, HomeFlux.com and FastHomeOffer.com. Brandt has a huge network of short sale real estate agents, and over the past several months he's been receiving all kinds of questions and complaints about trouble with second lien holders.

As we all know, during the housing boom, millions of Americans pulled cash out of their homes in the form of home equity loans and lines of credit. They also used "piggy back" loans in order to get even lower interest rates on their primary mortgages. Now, many of the borrowers in trouble, and many who are so far underwater on their loans that they don't qualify for any refi or modification, are choosing short sales as a way out. (Short sales are when the lender allows the home to be sold for less than the value of the loan). About 12 percent of all home sales by the end of 2009 were short sales, according to the National Association of Realtors.

In order for a short sale with two loans to happen, the second lien holder has to drop the lien.

If they don't, and there's no short sale, the home goes to foreclosure and the first lien holder gets the house because second liens are subordinated debt to the primary loan.

In short, the second lien holder gets nothing. In order to get the second lien holder to drop the lien, the first lien holder generally negotiates some partial payment to the second lien holder. The second lien holder doesn't have to agree, but more and more are doing so.

That's all legal.

But here's what's not legal and what's apparently happening quite often recently. Since many second lien holders are getting very little, they are now allegedly requesting money on the side from either real estate agents or the buyers in the short sale. When I say "on the side," I mean in cash, off the HUD settlement statements, so the first lien holder doesn't see it.

"They are pretty clear and pretty upfront about the fact that if the first lender knows they are getting paid, the first lender will kill the short sale," says Brandt. "So these second lenders are asking for the payments off the closing documents, off the HUD statement, usually in a cashiers check prior to closing. Once they receive that payment, they will allow the short sale to go through, which according to RESPA laws and the lawyers that we have spoken to on the topic is not legal."

(RESPA is the Real Estate Settlement Procedures Act, the 2008 law requiring that consumers receive disclosures at various times in the transaction. It outlaws kickbacks that increase the cost of settlement services. RESPA is a HUD consumer protection statute designed to help homebuyers be better shoppers in the home buying process, and is enforced by HUD. Read more about it here.).

I told RESPA specialist Brian Sullivan over at HUD about all this and he replied, "That's a red flag!"

Clearly illegal.

Brandt told me he's heard from at least 200 agents that they've had these requests made by representatives of Citi Mortgage, JP Morgan Chase, Bank of America and other large banks.

Most agents wouldn't go on the record with me, for fear of retribution by the banks with whom they have to work every day. But one agent, Kayte Gentry, of Keller Williams Integrity First Realty, was brave enough to blow the whistle.

"I think it's wrong, and I think somebody needs to hold them accountable, and every time I lose a house in foreclosure because of this, it hurts my client," says Gentry matter-of-factly. "Aside from being illegal and a violation of RESPA, it's immoral and truly it's just sad for the client that it's hurting."

Gentry says she has had the requests made three times and claims she lost one sale because of it.

"The big banks that have recently made this request, specifically payments outside of the closing statement have been Citi Mortgage and JP Morgan Chase."

Read the rest here...

Franklin Roosevelt's First Inaugural Address: A Fitting Reminder For Our Crisis Today


I remember my grandmother telling me how she and her family listened to this speech on the radio, in the dark days in the depths of the Great Depression. It is still hard for us now to appreciate how desperate and fearful the people were then. We think that we know, but most of us do not genuinely understand. How can we?

"Values have shrunken to fantastic levels; taxes have risen; our ability to pay has fallen; government of all kinds is faced by serious curtailment of income; the means of exchange are frozen in the currents of trade; the withered leaves of industrial enterprise lie on every side; farmers find no markets for their produce; the savings of many years in thousands of families are gone."
I never read it in full, but like most people just remember the famous quote about fear.

It's worth reading this. It shows a mindset in terrible, overwhelming times that was determined to set things right, not to take care of business, but to address the business of the people directly, and not only the immediate concerns of the crisis but the long term problems that caused the financial collapse in meaningful ways.

Ways, I should add, that stood the test of time until they were overturned in the 1990's by the efficient markets ideology and a multi-million dollar lobbying effort by Wall Street.
"There are many ways in which it can be helped, but it can never be helped merely by talking about it. We must act and act quickly. Finally, in our progress toward a resumption of work we require two safeguards against a return of the evils of the old order; there must be a strict supervision of all banking and credits and investments; there must be an end to speculation with other people's money, and there must be provision for an adequate but sound currency."
Compare these words with those of the current president, and his slowness to respond with effective reform, and the ordering of his priorities. Does Obama do anything that is not first vetted by the corporate status quo? The most elite elements of the American establishment engaged in a plot to overthrow the Roosevelt administration, and found an investment climate to their liking in fascist Germany, even into the 1940's. How soon we forget.

Like him or not, FDR was a giant, a great leader, and his priorities were clear in his words and actions. He was a voice of hope and concern for the individual when the better part of the developed world was entwining itself in fascism, corporatism, militarism, and the spiral of self-destruction.

In comparison, for all his hypnotic rhetoric, Obama seems very insubstantial, and you'll forgive me for speaking so plainly, he appears to be a cheap bullshit artist in the service of special interests. And the majority of the Congress with him.

h/t Yves for the link to this speech.

Franklin D. Roosevelt
First Inaugural Address
Saturday, March 4, 1933

"I am certain that my fellow Americans expect that on my induction into the Presidency I will address them with a candor and a decision which the present situation of our Nation impels.

This is preeminently the time to speak the truth, the whole truth, frankly and boldly. Nor need we shrink from honestly facing conditions in our country today. This great Nation will endure as it has endured, will revive and will prosper.

So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself—nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. In every dark hour of our national life a leadership of frankness and vigor has met with that understanding and support of the people themselves which is essential to victory. I am convinced that you will again give that support to leadership in these critical days.

In such a spirit on my part and on yours we face our common difficulties. They concern, thank God, only material things. Values have shrunken to fantastic levels; taxes have risen; our ability to pay has fallen; government of all kinds is faced by serious curtailment of income; the means of exchange are frozen in the currents of trade; the withered leaves of industrial enterprise lie on every side; farmers find no markets for their produce; the savings of many years in thousands of families are gone.

More important, a host of unemployed citizens face the grim problem of existence, and an equally great number toil with little return. Only a foolish optimist can deny the dark realities of the moment.

Yet our distress comes from no failure of substance. We are stricken by no plague of locusts. Compared with the perils which our forefathers conquered because they believed and were not afraid, we have still much to be thankful for. Nature still offers her bounty and human efforts have multiplied it. Plenty is at our doorstep, but a generous use of it languishes in the very sight of the supply. Primarily this is because the rulers of the exchange of mankind's goods have failed, through their own stubbornness and their own incompetence, have admitted their failure, and abdicated. Practices of the unscrupulous money changers stand indicted in the court of public opinion, rejected by the hearts and minds of men.

True they have tried, but their efforts have been cast in the pattern of an outworn tradition. Faced by failure of credit they have proposed only the lending of more money. Stripped of the lure of profit by which to induce our people to follow their false leadership, they have resorted to exhortations, pleading tearfully for restored confidence. They know only the rules of a generation of self-seekers. They have no vision, and when there is no vision the people perish.

The money changers have fled from their high seats in the temple of our civilization. We may now restore that temple to the ancient truths. The measure of the restoration lies in the extent to which we apply social values more noble than mere monetary profit.

Happiness lies not in the mere possession of money; it lies in the joy of achievement, in the thrill of creative effort. The joy and moral stimulation of work no longer must be forgotten in the mad chase of evanescent profits. These dark days will be worth all they cost us if they teach us that our true destiny is not to be ministered unto but to minister to ourselves and to our fellow men.

Recognition of the falsity of material wealth as the standard of success goes hand in hand with the abandonment of the false belief that public office and high political position are to be valued only by the standards of pride of place and personal profit; and there must be an end to a conduct in banking and in business which too often has given to a sacred trust the likeness of callous and selfish wrongdoing. Small wonder that confidence languishes, for it thrives only on honesty, on honor, on the sacredness of obligations, on faithful protection, on unselfish performance; without them it cannot live.

Restoration calls, however, not for changes in ethics alone. This Nation asks for action, and action now.

Our greatest primary task is to put people to work. This is no unsolvable problem if we face it wisely and courageously. It can be accomplished in part by direct recruiting by the Government itself, treating the task as we would treat the emergency of a war, but at the same time, through this employment, accomplishing greatly needed projects to stimulate and reorganize the use of our natural resources.

Hand in hand with this we must frankly recognize the overbalance of population in our industrial centers and, by engaging on a national scale in a redistribution, endeavor to provide a better use of the land for those best fitted for the land. The task can be helped by definite efforts to raise the values of agricultural products and with this the power to purchase the output of our cities.

It can be helped by preventing realistically the tragedy of the growing loss through foreclosure of our small homes and our farms. It can be helped by insistence that the Federal, State, and local governments act forthwith on the demand that their cost be drastically reduced. It can be helped by the unifying of relief activities which today are often scattered, uneconomical, and unequal. It can be helped by national planning for and supervision of all forms of transportation and of communications and other utilities which have a definitely public character.

There are many ways in which it can be helped, but it can never be helped merely by talking about it. We must act and act quickly.

Finally, in our progress toward a resumption of work we require two safeguards against a return of the evils of the old order; there must be a strict supervision of all banking and credits and investments; there must be an end to speculation with other people's money, and there must be provision for an adequate but sound currency.

There are the lines of attack. I shall presently urge upon a new Congress in special session detailed measures for their fulfillment, and I shall seek the immediate assistance of the several States.

Through this program of action we address ourselves to putting our own national house in order and making income balance outgo. Our international trade relations, though vastly important, are in point of time and necessity secondary to the establishment of a sound national economy. I favor as a practical policy the putting of first things first. I shall spare no effort to restore world trade by international economic readjustment, but the emergency at home cannot wait on that accomplishment.

The basic thought that guides these specific means of national recovery is not narrowly nationalistic. It is the insistence, as a first consideration, upon the interdependence of the various elements in all parts of the United States—a recognition of the old and permanently important manifestation of the American spirit of the pioneer. It is the way to recovery. It is the immediate way. It is the strongest assurance that the recovery will endure.

In the field of world policy I would dedicate this Nation to the policy of the good neighbor—the neighbor who resolutely respects himself and, because he does so, respects the rights of others—the neighbor who respects his obligations and respects the sanctity of his agreements in and with a world of neighbors.

If I read the temper of our people correctly, we now realize as we have never realized before our interdependence on each other; that we can not merely take but we must give as well; that if we are to go forward, we must move as a trained and loyal army willing to sacrifice for the good of a common discipline, because without such discipline no progress is made, no leadership becomes effective. We are, I know, ready and willing to submit our lives and property to such discipline, because it makes possible a leadership which aims at a larger good. This I propose to offer, pledging that the larger purposes will bind upon us all as a sacred obligation with a unity of duty hitherto evoked only in time of armed strife.

With this pledge taken, I assume unhesitatingly the leadership of this great army of our people dedicated to a disciplined attack upon our common problems.

Action in this image and to this end is feasible under the form of government which we have inherited from our ancestors. Our Constitution is so simple and practical that it is possible always to meet extraordinary needs by changes in emphasis and arrangement without loss of essential form. That is why our constitutional system has proved itself the most superbly enduring political mechanism the modern world has produced. It has met every stress of vast expansion of territory, of foreign wars, of bitter internal strife, of world relations.

It is to be hoped that the normal balance of executive and legislative authority may be wholly adequate to meet the unprecedented task before us. But it may be that an unprecedented demand and need for undelayed action may call for temporary departure from that normal balance of public procedure.

I am prepared under my constitutional duty to recommend the measures that a stricken nation in the midst of a stricken world may require. These measures, or such other measures as the Congress may build out of its experience and wisdom, I shall seek, within my constitutional authority, to bring to speedy adoption.

But in the event that the Congress shall fail to take one of these two courses, and in the event that the national emergency is still critical, I shall not evade the clear course of duty that will then confront me. I shall ask the Congress for the one remaining instrument to meet the crisis—broad Executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe.

For the trust reposed in me I will return the courage and the devotion that befit the time. I can do no less.

We face the arduous days that lie before us in the warm courage of the national unity; with the clear consciousness of seeking old and precious moral values; with the clean satisfaction that comes from the stern performance of duty by old and young alike. We aim at the assurance of a rounded and permanent national life.

We do not distrust the future of essential democracy. The people of the United States have not failed. In their need they have registered a mandate that they want direct, vigorous action. They have asked for discipline and direction under leadership. They have made me the present instrument of their wishes. In the spirit of the gift I take it.

In this dedication of a Nation we humbly ask the blessing of God. May He protect each and every one of us. May He guide me in the days to come."