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Hedge Funds Call Foul


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2007 Jun 3, 10:01am   13,918 views  118 comments

by Patrick   ➕follow (60)   💰tip   ignore  

Hedge funds are now upset that banks are changing the terms of mortgages already made. The hedge funds have bought derivatives to bet on (against) the housing market, and find the value of their derivatives is falling as the banks let borrowers off the hook:

The funds claim banks are making concessions on the underlying mortgages - such as lowering the interest rate or extending the life of the loan - to avoid making good on derivatives contracts that pay off in cases of default. The article quotes a former SEC chairman saying such gaming, if proved, would be actionable under federal securities laws. However, the dispute pits hedge fund interests against those of stretched US mortgage borrowers, and politicians who want to help them keep their (overpriced McMansions)

This is interesting. Who will win? Enforcement of contracts (hedge funds), or the ability to weasel out of contracts (banks/politicians/FB's)?

Patrick

#housing

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81   Brand165   2007 Jun 4, 2:02pm  

HaHa: The logic still doesn't hold. They bought those bigger houses from someone else. What did that person do in turn? Even if you had a house built for you, that means you paid a builder, who paid for materials and labor, and the materials company paid its employees, who spend in the economy... and so on.

It's the same argument about stocks. If I pay $1000 for a stock, take a bath and sell for $100, I still paid someone else $1000. From an individual standpoint people can be big winners and big losers. But viewed as an economy, that money is neither created nor destroyed. So it must be collecting somewhere. I am curious where.

82   danville woman   2007 Jun 4, 2:06pm  

HaHa

Or put it into Vanguard's Municipal Money Market

83   skibum   2007 Jun 4, 2:10pm  

So it must be collecting somewhere. I am curious where.

The answer (only half kidding): hedge fund and investment house manager bonuses!

84   skibum   2007 Jun 4, 2:11pm  

And the HF and IB managers then plow those bonuses into mansions in Greenwich, CT or the Hamptons... thus completing the full RE circle.

85   DinOR   2007 Jun 5, 12:18am  

trader,

Thanks for the "real skinny". It's not like anyone here was shedding a tear for specuvestors anyway but it's nice to have the full details.

86   DinOR   2007 Jun 5, 3:23am  

Right in line w/ "No one knows who owns your loan" is Kathleen Pender's article on www.sfgate.com. In "Struggling borrowers" she talks about the growing lack of effectiveness in the BA for loss mitigation. Caller ID (and the fact that people LIED to get their stated income loans) coupled with flippers and specuvestors that show their loan as a "primary residence" seems are gumming the works?

87   Malcolm   2007 Jun 5, 3:31am  

This is not a contract enforcement issue. Parties in a contract can amend it if they all agree. Trader did a very nice job of laying it all out and supporting my point that hedge betters are third parties.

In my investment group, the servicer can amend the loan with the borrower if we vote to permit the change. Terms are changed quite routinely, normally things like loan extensions, but sometimes it can even be forgiveness of late fees and interest if the borrower is facing trouble but another lender wants to refinance him but needs to be below a limit. The scenarios can get pretty interesting as to why you need to change a loan around.

88   HARM   2007 Jun 5, 3:33am  

Except that money is neither created nor destroyed (except in very special cases).

Is this the Law of Conservation of Money Supply? Elegant theory, but... not so sure I agree with this view, especially when the Fed is pumping M3 like mad (which they conveniently stopped reporting last year), and M1 & M2 are also growing at a healthy clip YoY: http://en.wikipedia.org/wiki/Image:Components_of_the_United_States_money_supply.svg

89   HARM   2007 Jun 5, 3:39am  

Perhaps money is neither "created nor destroyed" outright, but it sure gets debased on a regular basis.

90   Malcolm   2007 Jun 5, 5:02am  

Would you elaborate a little more on China, and its relative economic power especially as it applies to debasing the United State's economy? I am one who sees China as a greater threat than a benefit so I'd be very interested to hear a counter point. I don't normally hear people downplay their growing role.

91   DinOR   2007 Jun 5, 5:17am  

"The guy took out 600k MEW before the foreclosure. Nice. That's a nice foreclosure golden parachute."

My guess is that it was the MEW that got him THIS far! Redfin says it's "in foreclosure" so I'm not sure if the guy might be able to engineer a short sale or if it's already bank owned?

So he was able to milk (on avg.) about 66k per year out of it? Not bad. He did manage to buy at just about the darkest hour, didn't he? So what happened? What went wrong? With all that appreciation you'd think there'd be no way to lose! Yet somehow these people are managing.

92   Peter P   2007 Jun 5, 5:42am  

I am one who sees China as a greater threat than a benefit so I’d be very interested to hear a counter point.

China is probably a strategic competitor, not necessarily a threat. If consumers of the world unite and drink the collective kool-aid then at least the illusion of prosperity will continue. There will be no conflicts.

93   e   2007 Jun 5, 6:04am  

If consumers of the world unite and drink the collective kool-aid then at least the illusion of prosperity will continue. There will be no conflicts.

Unfortunately, the kool-aid will be from china - and it will have diethylene glycol.

94   StuckInBA   2007 Jun 5, 6:20am  

trader:

Thanks for the info.

95   StuckInBA   2007 Jun 5, 6:24am  

The 10yr is knocking on the 5.00 door. Last year, it entered the >5 territory, only to retreat all the way back to 4.5. Hope this time it goes over 5 and holds there.

96   Malcolm   2007 Jun 5, 8:03am  

The kool-aid will have melamine in it. :(

Seriously, 10 years ago in an undegrad B2B marketing class I warned of China's growing dominence which is masking something more sinister. Now my fears seem to be materializing in an uncontrollable, unstoppable way, and Peter is not the fist one to say, just go with it, it is the free market doing its thing.

As long as you don't resist, no harm will come to you.

97   Peter P   2007 Jun 5, 8:14am  

The rise of China will undoubtedly bring some uncomfortable changes to many. But I think if we position ourselves correctly, we can reap gains from such changes.

I don't think China has evil intentions. But it sure will suck up natural resources like a mop.

98   HARM   2007 Jun 5, 8:28am  

As long as you don’t resist, no harm will come to you.

And even if you do resist, I may still come (especially if there's some free food or entertainment involved). ;-)

99   HARM   2007 Jun 5, 8:32am  

Speaking of melamine, gotta hand it to the Red Chinese. Those guys don't f@ck around when it comes to disciplining corrupt bureaucrats: http://www.cbsnews.com/stories/2007/05/29/health/main2860989.shtml

Ahhh... if only we could execute Greedspan & Co. :-(

100   skibum   2007 Jun 5, 8:42am  

Im imaging him moving to FO country and renting a nice condo on a gold course for $800 a month and living off the 600k and laughing at us clownifornians.

HelloKitty,
Am I being naive or what - wouldn't the bank or other lien-holders be able to collect some of that $600k to help pay off this guy's obligations? Isn't that one of the points of foreclosure - to reckon these debts?

101   e   2007 Jun 5, 8:45am  

Those guys don’t f@ck around when it comes to disciplining corrupt bureaucrats: http://www.cbsnews.com/stories/2007/05/29/health/main2860989.shtml

It strikes me that some of the current business practices in China must be a libertarian's dream - very limited government involvement and oversight. Or, as they would say "free of interference from a nanny state".

Manufacturers wouldn't make poisonous toothpaste, cough syrup, baby milk, etc if the marketplace would reject it. See, it self corrects! No need for costly, inefficient, government at all.

Who would know better: a corrupt inefficient overpaid government bureaucrat that would only drive up prices, or yourself and the marketplace?

It's this kind of environment that fosters entrepreneurial risk taking - things that make business successful.

http://www.nytimes.com/2007/06/05/business/worldbusiness/05fakes.html?ei=5070&em=&en=fe751d2f00f1070f&ex=1181188800&pagewanted=all

For decades, small entrepreneurs have started out counterfeiting in emerging industries in China, seeking an early advantage and their first pot of gold.

Often, they try to get around regulations, or simply believe small-time cheating that involves adding cheap substitutes or low-grade ingredients will not cause much harm.

“Basically, for entrepreneurs, if something is not explicitly banned — it’s not banned,” said Dali Yang, who teaches at the University of Chicago and has studied China’s food safety regulations. “As long as people are not sick or dying, it’s O.K.”

Experts say counterfeiters are now moving to outlying areas of the country, where it is easier to evade regulation. The counterfeiters are also moving into food and agriculture, which are difficult to monitor because they involve small farmers and entrepreneurs.

Small-time entrepreneurs have played the same game over and over with other products, experts say, adding cheap substitute chemicals to toothpaste; using lower-grade materials to produce car parts, batteries and cellphones; and creating factories that specialize in counterfeit goods.

We must get rid of the FDA, EPA, OSHA, USDA and all these other bloated inefficient fat cat government agencies today if we are to succeed and bring back what made America great.

Let the marketplace decide!

102   e   2007 Jun 5, 8:48am  

Speaking of melamine, gotta hand it to the Red Chinese. Those guys don’t f@ck around when it comes to disciplining corrupt bureaucrats: http://www.cbsnews.com/stories/2007/05/29/health/main2860989.shtml

In all seriousness, this execution was just to appease the US government.

In reality, if you read more articles about this sentencing, you'll find that Chinese government officials saying that they don't understand why the US Government is so overreacting so much to something so minor like a few deaths in a DIFFERENT country.

103   skibum   2007 Jun 5, 8:50am  

I don’t think China has evil intentions. But it sure will suck up natural resources like a mop.

China's intentions (internationally), although probably not sinister, are tainted by their recent history. They as a nation have a chip on their shoulder going back to colonialism, the Boxer Rebellion and such, through Japanese occupation during WWII and more recently a self-inflicted cultural revolution mess. They are producing, growing, and booming with a fiendish fury that's almost akin to Iago's also-ran desperation - ie, they're definitely out to prove themselves. Whether or not that remains limited to their economy or expands into their military is up for debate.

104   e   2007 Jun 5, 8:53am  

Please unmoderate my comment. THanks!

105   HARM   2007 Jun 5, 8:56am  

Ok, it's clear what we need to do then. We all should petition Red China to hire Greedspan and D.L. for some top bureaucrat job. Then be sure they get offered lavish bribes to look the other way for something guaranteed to kill a few people (or some American pets). That's a "win-win" for both sides ;-) .

106   Peter P   2007 Jun 5, 9:05am  

It strikes me that some of the current business practices in China must be a libertarian’s dream - very limited government involvement and oversight. Or, as they would say “free of interference from a nanny state”.

Huh? China has very strict regulations. It is just lax on enforcement.

Manufacturers wouldn’t make poisonous toothpaste, cough syrup, baby milk, etc if the marketplace would reject it. See, it self corrects! No need for costly, inefficient, government at all.

It will self-correct eventually. Education and information will speed up the process.

107   HARM   2007 Jun 5, 9:09am  

Huh? China has very strict regulations. It is just lax on enforcement.

So remind me how American capitalism is different again?

108   Peter P   2007 Jun 5, 9:12am  

So remind me how American capitalism is different again?

It has less-strict regulations and it is a little more diligent in enforcement.

109   HARM   2007 Jun 5, 9:54am  

I would replace the word "lax" with "selective". As in, China (or to a somewhat lesser extent, the U.S.) is very "selective" in terms of which laws it chooses to enforce, and which individuals it chooses to hold accountable (or make an example of).

110   monkeyinchief   2007 Jun 5, 10:14am  

This fight over how MBS can be modified illustrates the point really nicely that there are significant risks to being a bond holder. It's impossible to foresee every way the borrower or somebody in the food chain can later try to up the risk of the bond holder. Corporate bonds have the this same issue where somebody comes up with a clever transaction that substantially alters the risk to the bond holder with no compensation. For personal investing, I can not a see a reason to hold any debt that is not government debt. The premium is too small to cover all the hard to imagine risks.

111   Peter P   2007 Jun 5, 10:48am  

The jump in the last 1 month has been nearly double the jump over the last 6 months! This is while the Fed funds rate has been steady at 5.25.

I think the 30-year rate may _drop_ again if the Fed _raises_ interest rate. The market may be pricing-in higher expected inflation given the current low rate.

112   EBGuy   2007 Jun 5, 11:35am  

HARM: So remind me how American capitalism is different again?
Peter P: It has less-strict regulations and it is a little more diligent in enforcement.

I remember seeing a PBS special recently on "green" building in China. Pretty interesting stuff they were doing with regards to energy efficiency. A commentator, though, mentioned that in the US you couldn't get an occupancy permit if parts of the building code were selectively ignored. In China, well, they need the housing or office space. Lets move in and get it right next time.

Bay Area Craigslist ReduceOMeter holding steady at 210 listings (June 1&2) -- including some FB who listed his Daly City condo 5 times. Hardly any of the "reduced" listings are in Fortress areas, though. Foot traffic was brisk this weekend at the open houses I visited on Sunday, but the weather was quite nice so it could have been the neighbors checking out comps. Realtors always seem to have a favorite story of a house that recently sold over asking when pressed about the large percentage drop in sales volume (April DQ numbers). Is it "different" in your neighborhood? Socketsite has an article about rising rents and increased occupancy rates in SF and San Jose (watch out for the return of the SoftservePrincess). I do know that commercial rates seem to be inching up in our area, which seems to reflect an economy that is doing well.

113   Malcolm   2007 Jun 5, 1:17pm  

I was away most of the day. Harm, that was a great article. Fun thread!

114   OO   2007 Jun 5, 6:31pm  

The problem of Chinese cannot be better summed up than what skibum has said.

Everywhere you go in China, the locals try to prove to you that they have what you have, too. More so, they try to prove to you that YOU are actually inferior to them in standard of living, economic prospect, etc., which is a very sickening attitude, and the whole country is immersed in such an overly-competitive and counter-productive way.

The MOTIVATION of whole China is on the wrong track. It is not improving itself to provide a better life to its people. It is out there to prove that they are just as good, if not better, and if it has the power, it will for sure wield it like a 5-year old just to show off. Nothing scares me more than having China in its current mindset become a superpower, that'll be Bush 10x.

Stop calling it Red China. It is the mecca of ultimate capitalism on earth, the kind that inspired Enges and Marx to write their manifesto.

115   skibum   2007 Jun 6, 1:52am  

OO,
I think this mindset is reflected in many recent immigrants from China, too. It's interesting, but I notice the hyper-competitiveness and voracious hunger to succeed much more in immigrants from China, then say, immigrants from Taiwan or Hong Kong.

116   Peter P   2007 Jun 6, 4:09am  

It’s interesting, but I notice the hyper-competitiveness and voracious hunger to succeed much more in immigrants from China, then say, immigrants from Taiwan or Hong Kong.

Perhaps more enlightened people have realized that hyper-competitiveness is counter-productive? Perhaps Chinese immigrants from Taiwan or Hong Kong still remember the teachings from I Ching and The Art of War?

It is imperative to understand that winning itself is way more important than the appearance of winning.

117   astrid   2007 Jun 7, 2:52am  

skibum,

Excellent China analysis. As my parents and their more clear headed friends often lament, the Chinese populace has learnt nothing from history and is repeating all the mistakes of capitalism.

It's hard to say how much of the current arrogant wastefulness could have been curbed if Deng had selected better heirs. Oh well.

118   astrid   2007 Jun 7, 3:00am  

OO,

The mindset of the Mainland Chinese bourgeoisie is callous, self-righteous, self centered and WASTEFUL. Even my parents in the States are afflicted. My mom came back from a recent trip to Shanghai speaking of their perfectly nice, centrally located Shanghai flat as if it was unfit for human habitation (even though it is modern, well constructed, quiet, well spaced, well lit, etc). Apparently her friends all disparage of 110 sq meter flats now that some (by no means the majority) live in 200 sq meter duplexes.

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