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Crime and Punishment


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2006 Aug 31, 3:23pm   15,788 views  118 comments

by Girgl   ➕follow (0)   💰tip   ignore  

The housing bubble has encouraged behaviour in some market participants that can be considered immoral, or that is already illegal.

Which acts are illegal today and are appropriately prosecuted, which are illegal and are mostly slipping through the cracks?
What should be illegal, but is currently not?
How could laws look that address the issue, but minimize unintended side effects?

What punishment seems appropriate?

"Without cruelty there is no festival: thus the longest and most ancient part of human history teaches--and in punishment there is so much that is festive!" -- Friedrich Nietzsche

#housing

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43   DinOR   2006 Sep 1, 7:30am  

Jon, eburbed,

The consequences Jon reveals above are a direct result of "inviting venture capital standards" into our living rooms. Buying a house used to be about as "high risk" as getting a library card. Now, the wrong entry point can spell disaster! As with all venture capital propositions the rewards can be great (but so can the risks).

The difference is VC guys have already worked their way through the "cheap seats" and elbowed their way courtside. They've been through mutual funds, bonds, individual stocks and even IPO's. They trade options and even own options on RE. Before they got involved providing funding for start ups they took their lumps on the way up. They've earned the right to have a shot at the big time.

Joe Schmuckateli on the other hand has never heard of an affordability index, inverted yield curve nor can he define the terms of a neg. am. loan. BUT he's got one! This really boils down to a suitability issue. Taking a client that's still getting used to the idea of mutual funds directly in harms way through options without having a firm grasp of bonds and equities is just plain wrong. I mean c'mon, the guy doesn't quite get stocks but you're going to buy him an "option" on one? I realize most folks here have well graduated beyond this but let's allow for the other 99% that haven't.

Now he/she is in over their head on their loan/loans. The way that realtors distanced themselves from this part of the process is by showing the client even more "investment" homes and b/c the client had NO IDEA where he was going to get the money the realtor said I know this guy........ and he deals with these types of situations. Next thing you know they've taken a person with very good credit and MAXED OUT his DTI AND loaded hime up with about 50K in RE commissions and points.

"Players are Made, not Born" and so they go about "making players" out of everyone they can get their hands on! I actually tend to think these people have a pretty good case (however it will be made against the lenders and RE firms not indivuals) as they will be back working at Starbucks.

44   Peter P   2006 Sep 1, 7:42am  

Santa Clara, Sunnyvale, San Jose was pegged as the most expensive area in the U.S. The house shown in the URL below I guess, was the at the median around $744K.

It is full of delusional people who think that there are no jobs outside the area and that the rest of the country is uncivilized.

It has a name: Silly Valley

45   HARM   2006 Sep 1, 8:01am  

@DinOR,

Congratulations on your (first?) perma-bull "conversion"! Please feel free to post the details on our Conversion thread.

46   Randy H   2006 Sep 1, 8:02am  

I wonder if one of us can bring fraud charges against David Lereah for all his statements?

No.

People are free to interpret data any way they see fit. CNBC today had people honestly (in some cases) reading today's data as everything from "the biggest Boom in US history" to "recessions that will make the 70s look like the 90s". Even if people are paid to "think a certain way" and echo that in the media over and over, that cannot ever be made illegal unless we've really gone off the rails in this country.

Wasn't SQT saying something about Journalism being the 4th branch of the government. Since megacorps own all the media, I guess they're the new 4th branch.

47   HARM   2006 Sep 1, 8:03am  

Oh, btw: this gem from Newsweek's newest cover story:

Nightmare Mortgages
They promise the American Dream: A home of your own -- with ultra-low rates and payments anyone can afford. Now, the trap has sprung

Not that all option ARM holders go in blindly. While the loans are marketed aggressively, plenty of holders know exactly what they're getting into. Jon and Meghan Bachman of Portland, Ore., consider them wealth-building tools. "We want to own a bunch of houses," says Meghan. "We're hoping for early retirement."

http://www.businessweek.com/magazine/content/06_37/b4000001.htm?chan=top+news_top+news+index_top+story

48   Randy H   2006 Sep 1, 8:12am  

the libertarian view often strikes me as an elaborate front for “not in my backyard”.

Many are not objecting to the notion of paying for a basic minimum societal safety net. They just want it to be a basic minimum, and not one iota more. Minimize moral hazard. People should be free to make bad decisions. And we don't want them to starve on the streets, even if they're there by their own hand. (I used all three thair's in one sentence!). We just don't want to make their lives comfortable or fulfilling.

49   skibum   2006 Sep 1, 8:56am  

Here's an actual crime that's come to light as a result of the current RE bubble being currently investigated: the collusion and racketeering practices of the RE industry.

50   skibum   2006 Sep 1, 9:11am  

Robert Coté Says:

There was a California version where the midwest and east coast is very small and then it immediately depicts Europe. I am aware of the New Yorker cover.

There’s beeen a million take-offs of the original I think I had the Boston variety in my dorm room there until I “ran/was run out” of universities.

I've always found the geo-centricity you guys allude to funny. In a similar vein, it's funny how the BA has a general attitude of disdain and almost hatred towards SoCal, while most people I know in SoCal don't give a rat's ass about the BA. There's a parallel sentiment between Boston and NYC. Many Bostonians despice NYC and New Yorkers, while most New Yorkers barely know Boston exists. Maybe the Red Sox are an exception.

51   HARM   2006 Sep 1, 9:22am  

Liar loans from applicant to secondary market should be prosecuted under Patriot Act terrorism laws. Indeed some people will find themselves sentenced to 30-life of home detention with no trial or appeal.

:lol: FBuyerdom: The self-incarcerating crime.

52   astrid   2006 Sep 1, 9:28am  

Even home buying can get kind of risky if you're paying 50% of your take home income in mortgage, if your marriage is on the rocks, or if your job is not rock solid.

Before the home prices got so high, people in those situations (excluding the 50% of take home income in mortgage) are likely to get out with some losses, but have those losses cushioned by the 20% downpayment. But with current prices and bad practices, even buying a home with the intention of staying is a scary prospect.

And this doesn't even get into the question of how much better your home could be or how much better your household finances can be, if you waited and bought the house at 20-50% off.

53   Different Sean   2006 Sep 1, 9:32am  

jail time. capital punishment. public floggings. except they'd only enjoy it...

54   e   2006 Sep 1, 9:47am  

I’ve always found the geo-centricity you guys allude to funny. In a similar vein, it’s funny how the BA has a general attitude of disdain and almost hatred towards SoCal, while most people I know in SoCal don’t give a rat’s ass about the BA. There’s a parallel sentiment between Boston and NYC. Many Bostonians despice NYC and New Yorkers, while most New Yorkers barely know Boston exists.

The biggest problem that I see in California is that Californians tend to think that California is the center of the world - due to the fact that no matter how many hours of driving you do, you're still in California (or Las Vegas, a suburb of California).

As a result, Californians are unable to realize or even imagine that in reality, New York City is the center of the world.

55   e   2006 Sep 1, 9:51am  

But if you use a manipulated currency and an international plan of loose credit following the marxist dictat of “sell you the rope” then you are… um… China, our friend.

I believe the expression is that China is our frenemy.

56   astrid   2006 Sep 1, 9:58am  

How can Californians possibly think they're the center of the world? You guys watch TV shows 3 hours after everybody else in the country. Your stockbrokers work a 5AM-2PM shift.

57   Peter P   2006 Sep 1, 10:33am  

I hope that this article will serve as an encouragement:
http://www.msnbc.msn.com/id/14604126

No, it may be an encouragement for you. We do not need any more confirmation. We do welcome dissident opinion nowadays because we are getting really bored.

58   Peter P   2006 Sep 1, 10:35am  

BTW, near the white hot job center, there are a few new communities in Sunnyvale that are now offering incentives and/or price retrogradation. I am sure prices are still "on the rise". Perhaps builders are just being nice.

59   skibum   2006 Sep 1, 10:50am  

Fake P Says:

I’m back to irritate you guys…:p

Have any noticed that the job market in the bay area is sooooo hot for tech guys? The traffic jam in San Jose is getting from bad to unbearably bad.

At least try to use proper grammar. You read like a FOB.

60   astrid   2006 Sep 1, 10:56am  

Fake P is not too bad, at least he never uses all block capital letters.

61   Peter P   2006 Sep 1, 10:57am  

Fake P is our friend. We miss him!

Now where is Jack?

62   frank649   2006 Sep 1, 10:57am  

http://www.counterpunch.org/whitney08302006.html

The Great Housing Crash of '07
By MIKE WHITNEY

This month's figures prove that the so-called "housing bubble" is not only real, but that its cratering faster than anyone had realized. As the UK Guardian reported just yesterday, "the orderly housing slowdown predicted by the Federal Reserve will (soon) become a full-blown crash".

All the indicators are now pointing in the wrong direction. Consumer confidence is down, inventory is at a 10 year high, and the number of homes sold in July was 22% lower than last year. As Paul Ashworth, chief economist at Capital Economics said, "Things seem to be getting worse very quickly. Freefall is a strong word, but I think it's the right one to use here." (UK Guardian)

The housing bubble is a $10 trillion equity balloon that will explode sometime in 2007 when more than $1 trillion in no-interest, no down payment, adjustable-rate mortgages (ARMs) reset; setting the stage for massive home devaluation, foreclosures and unemployment. ("By some estimates housing activity has accounted for 40% of all the jobs created since 2001". Times Online) July's plunging sales are just the first sign of a major slowdown. The worst is yet to come.

63   astrid   2006 Sep 1, 10:58am  

Robert Cote,

Huh? Congrats and everything to you for having a great life, but what does that have to do with west coast stockbroker hours? I was just trying to illustrate that the Left Coast does not have major stock or commodities exchanges.

64   astrid   2006 Sep 1, 11:03am  

I miss Jack too. Then we can restart the discussion on Marin intangibles and how high they can go. Then we can go through MarinPOS's selection of high priced shacks and go find intangibles...it'd be so much fun!

And then I'll go OT and start bashing marble kitchen counters, Jack will come in and defend marble countertops and then I'd be forced to apologize and say that some marble kitchen counters are actually quite cool, especially if they're black and overlook the Bay.

65   frank649   2006 Sep 1, 11:10am  

http://www.lewrockwell.com/orig5/duffy8.html

Gary Shilling and Brian Wesbury squared off on CNBC to discuss the current state of the housing market. Wesbury, the younger and far more frequent guest over the past eight years, was bullish: the market is simply "correcting back to normal." Shilling, the bear, subscribes to the housing bubble theory. As evidence, last year 40% of home sales were speculative in nature – that is, to second home buyers and investors. According to Shilling, it would take a 35% drop in housing prices to restore the long-term balance between median home prices and the Consumer Price Index. What caught our attention was the essence of Wesbury’s assuredness: there never was a bubble because most people are rational.

66   Peter P   2006 Sep 1, 11:16am  

I know of a co-worker who is a mediocre performer and has an unimpressive resume, went to 5 interviews and got 4 offers. What is the world coming to?

So what? I have recruiters calling me at work. I just have to turn them away.

Have you realized that performance gets you nowhere? It is all about chemistry and astrology.

67   astrid   2006 Sep 1, 11:18am  

Fake P,

You'll enjoy Ha Ha's presence here (I don't know if he was here when you were). He keeps saying $160K is lower middle class or something and that he can't buy anything on that income.

68   astrid   2006 Sep 1, 11:21am  

This late coming job bubble is isolated to the BA. In DC/NoVA, the job market is already cooling down a bit and quite a few projected expansions are getting cut or scaled down, esp. in anything related to RE or the defense department. Still some overhanging demand, but it's going fast.

69   Peter P   2006 Sep 1, 11:24am  

Last time someone told me the job market was hot we had a recession within a year. Silly Valley is not smarter than everyone. It is just too optimistic to see mines on the ground.

70   astrid   2006 Sep 1, 11:25am  

Though on the other hand, it was nice while the job market was decent for a change. It's about time that workers started getting some benefits from higher productivity and after years of stagnant wages (supported by RE asset inflation). The hangover of the RE asset inflation will not be pretty.

71   surfer-x   2006 Sep 1, 11:28am  

Fake P. enjoy your dope.

72   RaiderJeff   2006 Sep 1, 11:31am  

Boy those Raiders sure looked good last night…for the first two minutes.

Yep, it didn't take long to make the Seahawks look like crap. Reminds me of the good ol' days. As for the rest of game, it's preseason so I didn't really pay too much attention to the game after the first few series of play. But congrats on the win...I guess.

Go Raiders.

73   Peter P   2006 Sep 1, 11:32am  

Though on the other hand, it was nice while the job market was decent for a change.

Not exactly nice. Think traffic. And worse of all, restaurant wait-time!

74   Different Sean   2006 Sep 1, 11:39am  

Meritage Homes, hee hee. Meritage...

75   Different Sean   2006 Sep 1, 11:42am  

I’m sorry, my properties (Pac Heights and Sonoma) have increased 4x in price since I bought them in ‘94.

why haven't you sold those suckers at the top of the market? 8O

76   Peter P   2006 Sep 1, 11:47am  

why haven’t you sold those suckers at the top of the market?

Houses are not necessarily investments. Quality of life is more important.

77   astrid   2006 Sep 1, 11:49am  

I try to plan my day with commute time in mind and I'm not really rich enough to eat out that often, so I'll take a good job market please!

Plus, higher wages would just be taking over from people HELOCing or flipping their RE holdings, without rising wages, the restaurants would now be empty because people can no longer liberate home equity for $9/piece sushi.

78   frank649   2006 Sep 1, 12:00pm  

"...jack hammer the foundation, break structural items, plumbing"

You would only be hurting yourself, wouldn't you? My understanding is that your outstanding debt is reduced by the value of the house when the bank takes possession.

79   frank649   2006 Sep 1, 12:03pm  

"I think credit is all better after 5 or 7 years."

In most cases you would still owe the money.

80   Peter P   2006 Sep 1, 12:06pm  

Should we set up a support group for the prodigal homeowners? I think we should probably accept everyone.

81   frank649   2006 Sep 1, 12:09pm  

Yeah, strong job market...

Intel May Announce at Least 10,000 Job Cuts Next Week (Update3)

By Ian King

Sept. 1 (Bloomberg) -- Intel Corp. Chief Executive Officer Paul Otellini may cut at least 10,000 jobs next week, or about 10 percent of the chipmaker's workforce, in his efforts to slash $1 billion in costs this year.

Otellini will discuss the results of a 90-day internal review with employees on Sept. 5, said Patrick Ward, a spokesman for Intel. In an interview today Ward called reports on job cuts ``speculation.'' Mark Edelstone at Morgan Stanley is among analysts who predict at least 10,000 reductions.

Intel, the world's biggest semiconductor maker, is wrapping up its most sweeping overhaul since the 1980s as Otellini battles market share losses and falling sales. He decided to fire 1,000 managers in July to restore profit growth, marking the biggest cuts at the Santa Clara, California-based company in four years.

``It would be seen as lame if Intel does less than 10,000,'' said David Wu, an analyst at Global Crown Capital in San Francisco. He rates the stock ``overweight'' and owns shares. Wu is advising investors to buy Intel's stock because he expects recently introduced products will help recapture market share.

Shares of Intel, down 22 percent this year before today, rose 14 cents to $19.71 at 10:58 a.m. New York time in Nasdaq Stock Market composite trading. The Philadelphia Semiconductor Index fell 1.1 percent.

Market Share

Otellini, 55, is eliminating jobs and selling businesses after forecasting the first annual sales drop in five years. While Intel tried to create new markets for its personal-computer microprocessors, the company's closest competitor gained ground. Sunnyvale, California-based Advanced Micro Devices Inc. now has more than 20 percent of the market for chips that power PCs.

In addition to the 1,000 management reductions in July, Intel announced the sale of two communications units that will shave 2,000 more people from the payroll.

``You're probably going to see them go back to the core business, the company they were three or four years ago,'' said Chris Caso, an analyst at Friedman Billings Ramsey & Co. in New York. He raised his rating on Intel this week to ``strong buy.''

To win back sales, Intel this week introduced a version of its Xeon server chip five months ahead of schedule. Otellini has accelerated the introduction of products and says his Xeon chips are faster and more efficient that Advanced Micro's Opteron.

In the second quarter, Intel reported its biggest profit drop in more than four years and said it is unlikely to meet its 2006 sales forecast. Revenue will probably decline more than the 3 percent Intel forecast in April, the company said last month.

`Low End'

More job reductions may reverse a hiring binge that has added more than 20,000 employees since 2003, according to Morgan Stanley's Edelstone, who is based in San Francisco. He predicts 15,000 to 20,000 cuts including previously announced reductions.

``Ten thousand would be at the low end of everyone's expectations,'' said Doug Freedman, an analyst at American Technology Research in San Francisco who has a ``buy'' rating on Intel's shares and doesn't own any.

Before this year, Intel last announced a round of workforce cuts in 2002, when the company shed 4,000 jobs. Intel ended 2005 with 99,900 workers, according to a regulatory filing. That was a gain from 79,700 in 2003.

To contact the reporter for this story: Ian King in San Francisco at ianking@bloomberg.net

Last Updated: September 1, 2006 11:01 EDT

82   astrid   2006 Sep 1, 12:19pm  

SFWoman,

It's great that you bought as a lifestyle investment. All this bubble stuff really gets people confused between investing in a lifestyle/home and investing so you'd make $250K every two years with no effort.

Also, you're getting really low property tax. Once the market adjusts (below current price level but way above where you purchased it), you might make good money just renting your current place out and take advantage of the lower taxes.

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