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Bloomberg to WaMu: "Be careful what you wish for"


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2007 Nov 8, 4:48am   23,870 views  161 comments

by HARM   ➕follow (0)   💰tip   ignore  

WaMu's Wile E. Coyote moment

Bankruptcy Law Backfires as Foreclosures Offset Gains (Update1)

Nov. 8 (Bloomberg) -- Washington Mutual Inc. got what it wanted in 2005: A revised bankruptcy code that no longer lets people walk away from credit card bills.

The largest U.S. savings and loan didn't count on a housing recession. The new bankruptcy laws are helping drive foreclosures to a record as homeowners default on mortgages and struggle to pay credit card debts that might have been wiped out under the old code, said Jay Westbrook, a professor of business law at the University of Texas Law School in Austin and a former adviser to the International Monetary Fund and the World Bank.

``Be careful what you wish for,'' Westbrook said. "They wanted to make sure that people kept paying their credit cards, and what they're getting is more foreclosures.''

Washington Mutual, Bank of America Corp., JPMorgan Chase & Co. and Citigroup Inc. spent $25 million in 2004 and 2005 lobbying for a legislative agenda that included changes in bankruptcy laws to protect credit card profits, according to the Center for Responsive Politics, a non-partisan Washington group that tracks political donations.

The banks are still paying for that decision. The surge in foreclosures has cut the value of securities backed by mortgages and led to more than $40 billion of writedowns for U.S. financial institutions. It also reached to the top echelons of the financial services industry.

...'Let the House Go'

People are putting their credit card payments ahead of their mortgages, said Richard Fairbank, chief executive officer of Capital One Financial Corp., the largest independent U.S. credit card issuer. Of customers who are at least three months late on their mortgage payments, 70 percent are current on their credit cards, he said.

"What we conclude is that people are saying, 'Honey, let the house go,''' but keep the cards, Fairbank said Nov. 5 at a conference in New York sponsored by Lehman Brothers Holdings Inc.

All I can say is... BWAAAAHAHAHAHAHAHA!!!!!!
It looks like the Law of Unintended Consequences rules the day (again). So much for the "no bankster left behind" BK bill. Couldn't have happened to a greedier, more evil group of thugs.

Pigs getting their just desserts.
Chickens coming home to roost.
Life for a debt-free bubble sitter: wonderful.

Discuss, enjoy...
HARM

#housing

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98   Malcolm   2007 Nov 9, 5:27am  

good one

99   Peter P   2007 Nov 9, 5:39am  

Cats and dogs are very different creatures and they attract very different personalities.

My wife is a dog person.

One of our cats is dog-like though.

100   apostasy   2007 Nov 9, 6:39am  

@Peter P

...your morality is the competitive advantage of others.

My experience has been the opposite, perhaps your experience is industry and market dependent. Moral business ethics when well-marketed (which generally means not touting it in your marketing activities) in my experience acts as a shorthand for trust in many business settings. It is far harder in the beginning, but it leads to compounding results once it gains traction.

The reason it seems to work is because many business dealings are complex enough without having to worry about whether or not someone will screw you over. If you build and maintain an honest reputation as a straight dealer, and that reputation spreads, you will find that it short circuits a lot of activity that distrustful parties usually engage in to build trust. To my atonishment, trust also builds profits; once you build a trust network, a lot of sales gets booked largely on a trust component, and the margins are much higher because trust is intrinsically an opposing force against commoditization, a leading factor in margin erosion in my industry.

I eventually discovered that my clients were fully aware they were paying me a large premium; they simply decided that even after accounting for the premium my offerings still made financial sense to purchase because they knew that once they made the purchasing decision, they just didn't have to worry about it. The first time I was told how pleased a client was because they didn't have to worry about my offerings after purchasing, I didn't realize how signficant it was; after the fifth time a client said that I decided to look into it. Convenience has always been a key sales benefit, but I when I started my business it hadn't occurred to me that trust is a form of convenience which translates into greater profits. Especially when the convenience is linked to reputation (of my clients) and lower overall costs (due to rework for botched jobs), it is very easy to sell when the trust is pre-established.

There is a difference between moral business ethics and acting as a spineless floor mat. For example, unreasonably difficult clients will find we will deliberately bend over backwards and lose money on the account to make them happy...once. They will then find we are unaccountably busy and our rates much, much higher the next time they call us, unless we find out the management structure has been completely replaced.

We had a client who twisted a verbal promise to demo a new product into a full-blown proof of concept and evaluation commitment. We lost loads of money on that, I was no end pissed, but the product vendor's sales force never forgot us falling on our sword for them with nary a complaint (internally in the vendor the client was blacklisted as well), and now we have all the work we can handle as gratitude. Much later we found out the manager responsible for stabbing us in the back did this to other vendors; it was his way of making himself look good to the director by getting far more work out of vendors than his peers, by deliberately miscommunicating and throwing a titanic, red-faced fit over it. He shamelessly did call us back, and because we were so "busy" at the time, we were happy to introduce them to our nearest competitor.

Internally, our CRM system has that manager marked down; we will never deal with him, ever again, no matter how big the potential deal, no matter who the company is. Finally, for an extra sweet ending, for all the money I lost on that deal, I have made back to date 9 times as much in follow-on sales from the vendor's sales force who knew us from that incident, up from zero referral sales preceding the incident (even though we knew that sales force beforehand). When I started out, I shared your exact same concerns over the moral business being its' competitors' competitive advantage. This is only one of many such stories I have that convinced me that as long as there is effective and long-term accountability, the moral business actually has the edge over the long-haul.

101   DinOR   2007 Nov 9, 6:44am  

I'm so happy for SQT. Especially on a Friday, what a great way to go into the weekend. This is what this blog is all about. Research, discussion, research, execution, entry point and Pay Off!

Not to mention her taxes should be about 2/3rds of what her neighbor pays (or soon will be). It's great to know this hasn't all just been polite (and sometimes not so polite) chatter. There ARE rewards!

Hell, $135 a s/f!? That's huge! The daughter and son-in-law are supposed to stop by this evening and I was thinking... Coors? Oh HELL NO! Now I'm thinking... Corona's at least! I'm open to suggestions, and don't just limit it to beer. I want your very best Bubble Bustin' Booze suggestions!

102   StuckInBA   2007 Nov 9, 6:48am  

apostasy Says:
@Peter P

…your morality is the competitive advantage of others.

My experience has been the opposite, perhaps your experience is industry and market dependent.

I agree with you apostasy. But Peter P is our resident philosopher. He likes to pose questions in form of cryptic / discomforting / challenging / witty etc on liners.

When he philosophizes, it just means he is hungry and is craving sushi.

103   StuckInBA   2007 Nov 9, 6:55am  

Congrats SQT. And not just because you got a great deal.

104   Duke   2007 Nov 9, 7:03am  

Thank you apostasy for making concrete my ramplings for the need for business and social morality. It actually reminds me on another industry that heavily depends on this: housing contractors.

The guys who underbid on prupose to win the bid, then carefully show how everything is slightly out of the initial contract only to have massive run-ups will get business from any given client once. Once. Thus they have to spend all of their time underbidding to keep wining new clients since the have no return clients.

However, the bidder that comes with a solid reputation for being fair and reasonable can even charge a healthy premium as the down-side risk is known to not exist.

In strict terms: Contractor A bid $1k knowing he will run the job up to $2k. Contractor 2 bids $1.5k but is known to never go over his bid. Most would choose bidder 2 unless you just love the acramony of fighting the first guy to hold to his $1k bid.

105   HeadSet   2007 Nov 9, 7:13am  

Coors? Oh HELL NO! Now I’m thinking… Corona’s at least! I’m open to suggestions, and don’t just limit it to beer. I want your very best Bubble Bustin’ Booze suggestions!

San Miguel's. I can't believe you ignored that fine product!

106   Peter P   2007 Nov 9, 7:14am  

When he philosophizes, it just means he is hungry and is craving sushi.

I am hungry. :(

107   SP   2007 Nov 9, 7:20am  

Peter P Says:
which forex broker

I now go through a full-service management firm that helps me with the rest of my asset management. Their fees are a little high if you just use a specific service, but all my trades get thrown in for "free" into their basic management fee. It is a lazy solution, so may not be the best deal around.

In the past, I used an agent who used Dukascopy via Deutsche Bank's DBFX.

(Not FX advice)

108   SP   2007 Nov 9, 7:25am  

SQT Says:
we’re buying this place at $135sqft.

Congrats. Just for scientific reasons, when was the last time in the 1997-2005 timeframe was it at $135/s.f.? Curious to know how far Sacto has unwound.

109   OO   2007 Nov 9, 7:40am  

Yen 110.

I think Yen will move drastically up very soon. Time to short US indices further.

110   Peter P   2007 Nov 9, 7:42am  

I think Yen will move drastically up very soon. Time to short US indices further.

If Yen goes up, all those carry trades will begin to unwind. Watch out for positions in GBP and AUD!

Not investment advice!

111   DinOR   2007 Nov 9, 7:44am  

San Miguel! Now why didn't "I" think of that!

112   DinOR   2007 Nov 9, 7:46am  

SP,

Me too. I took a "swag" and said... 2002? Anyway you slice it, she got a pretty good deal.

113   Peter P   2007 Nov 9, 7:50am  

Anyway you slice it, she got a pretty good deal.

Anyone who can buy a long-term home with comfortable financing has a good deal.

114   HARM   2007 Nov 9, 8:14am  

@SQT,

You did very well and should feel proud, not the least bit ashamed. Sorry if any "falling knife-catcher" comments made you feel otherwise --they don't apply to the "Posse", who know a real "bargain" when they see one.

$135/sft anywhere (populated) in CA? We should all be so lucky. "Fortress L.A." (Pasadena, San Marino, South Pasadena, Palos Verdes, Beverly Hills, Westwood, Brentwood, Marina Del Rey, Santa Monica, etc.) is starting showing a few chinks in the armor, but is still far away from full-blown capitulation. I doubt I'll see anything in those areas below $250/sft for at least a couple of years, probably more.

115   HARM   2007 Nov 9, 8:18am  

People face morality versus competitve advantage decisions every day. And as more and more people feel they have to head towards to the side of competitve advantage we get the mess we are in. A system must collapse, by definition, once more and more people migrate towards the gaming brinksmanship that undermines the rules of the game.

Well said (and Google "Zimbabwe, recent history" for a real-world example).

116   Richmond   2007 Nov 9, 8:23am  

SQT,
Congratulations!
The last time I saw $135.00 sq/ft. in that region was 2001. Given cost of living since then, things would have to get pretty bad for you to lose money. And with a ten year time frame, you got it made.
And as for your neighbors, oh well - sucks to be them.

117   Peter P   2007 Nov 9, 8:28am  

Well said (and Google “Zimbabwe, recent history” for a real-world example).

My favorite golfer is a Zimbabwean. :)

118   HARM   2007 Nov 9, 8:40am  

Perhaps we can never legislate or regulate human behavior into a form of "morality" that we can all agree on 100%. However, we can most certainly design laws and regulate business in such a way as to incentivize /reward behaviors that most of us deem to be socially and economically desirable, such as: transparency, fair playing-field competition, economic productivity, promoting sane/fair compensation (that reflects individual work and achievements, not just birth lottery status), and protecting the commons (environment, air, water, etc.).

We can also regulate to dis-incentivize/punish those behaviors that we deem to be anti-social and anti-free market: monopolies/oligopolies, nepotism/cronyism, corruption, bribery, coercion, excessive pollution, artificial barriers to entry, perma-subsidies, tax loopholes, etc.

We'll never reach perfection, but we really ought to be able to do a whole lot better than we are today. I recall a somewhat more level playing field, more even distribution of wealth, more opportunities to reach a middle-class lifestyle, a somewhat less debt-addicted public & government, and a little less legislation-by-lobbyist when I was growing up. But perhaps I remember wrong. Any old-timers out there care to comment?

119   Peter P   2007 Nov 9, 9:30am  

However, we can most certainly design laws and regulate business in such a way as to incentivize /reward behaviors that most of us deem to be socially and economically desirable

The market can do all that... can't it?

120   SQT57   2007 Nov 9, 9:35am  

Awww, thanks everyone.

SP

I saw a chart that showed the Sacto region at $135 between 2001-2002. I still think we got especially lucky because most homes around here aren't really that low yet.

121   StuckInBA   2007 Nov 9, 9:36am  

HARM :

I doubt I’ll see anything in those areas below $250/sft for at least a couple of years, probably more.

I would buy one at 250 right now ! But I cannot get anything at that rate even in Mountain House. In the divine land of Cupertino the rate is around 600, while many good parts of East Bay still go for 400. :-( The BA is still insanely out of whack. The only comforting sign is, I see many houses in East Bay listed at 2004 prices. And almost every single one sells way below the listing price - from 25 to 50K below asking.

122   Peter P   2007 Nov 9, 9:36am  

I still think we got especially lucky because most homes around here aren’t really that low yet.

If you flip it now perhaps you can have that 300%. :twisted:

123   StuckInBA   2007 Nov 9, 9:39am  

San Miguel! Now why didn’t “I” think of that!

If I drink beer, I always prefer German over any other. Those guys know a thing or two about making beer.

124   StuckInBA   2007 Nov 9, 9:42am  

Wow. What happened to Yen ? If you look at the chart it has broken through all supports and 110 is very critical.

125   OO   2007 Nov 9, 10:08am  

Congrats SQT.

Just make sure that you lock in a FRM and drag out the repayment for as long as possible, then you will be all set. ARM will have to head up some point, so you don't want to be exposed to that risk.

126   OO   2007 Nov 9, 10:17am  

I said a couple of months ago that Yen was a good bet.

I think it is about time to increase exposure to Yen (not Nikkei, but Yen), because once it moves, it will move up pretty violently, because all the hedge funds will need to rush to Yen repayment to lock in the rates, pushing it up further.

Or alternatively, another way of betting on the Yen rise is to short US indices further, particularly that of the financial sector.

127   OO   2007 Nov 9, 10:18am  

Just a schadenfreude question, has the Wall Street started the layoff yet? How big will it be? How many senior people will get axed?

128   anonymous   2007 Nov 9, 10:38am  

HARM - legislating morality is the last resort of an utterly broken down society. Humans have a hard time screwing over people they know. So, if you want to design a minimally moral society, you make sure people have few friends and social connections, and you make most interactions not person-to-person but the individual against impersonal entities like corporations, gov't agencies etc.

129   Peter P   2007 Nov 9, 10:55am  

I am bearish on humanity.

130   Peter P   2007 Nov 9, 10:56am  

How many senior people will get axed?

Probably not many. Many mortgaged junior people will be axed though.

Hopefully, our friend in Marina will do fine. Oh, he is a "VP" right? :-P

131   SQT57   2007 Nov 9, 11:31am  

Just make sure that you lock in a FRM and drag out the repayment for as long as possible, then you will be all set. ARM will have to head up some point, so you don’t want to be exposed to that risk.

We're fixed rate all the way. We wouldn't buy if we couldn't afford to do that.

132   danville woman   2007 Nov 9, 12:54pm  

OO

The yen has had many false starts and yet, like you, I also feel that this time the yen will really unwind. I sense it more from gut feel but am curious as to why you think it will happen ?

133   Malcolm   2007 Nov 9, 1:32pm  

ex-sunnyvale-renter Says:
November 9th, 2007 at 6:38 pm
"HARM - legislating morality is the last resort of an utterly broken down society. Humans have a hard time screwing over people they know. So, if you want to design a minimally moral society, you make sure people have few friends and social connections, and you make most interactions not person-to-person but the individual against impersonal entities like corporations, gov’t agencies etc."

Different angle because you are both right. It is wrong for government to pass laws imposing morals onto society, HOWEVER, it is proper for government to regulate businesses based on larger social values as to prevent the forced decline in values by businesses gaining unfair competitive advantages by unethical practices. An example of this is banning pesticides or food additives which cause environmental or health damage but increase short term profits.

134   SP   2007 Nov 9, 2:01pm  

DinOR Says:
I’m so happy for SQT. Especially on a Friday, what a great way to go into the weekend.

Totally. Happy for the great deal SQT got. AND as a bonus the this week the stock market finally lost its bladder control. What a week this was!

I was thinking… Coors? Oh HELL NO! Now I’m thinking… Corona’s at least! I’m open to suggestions, and don’t just limit it to beer.

Try Negra Modelo, which tastes like a dark Viennese lager. IMO better than Corona.
SP

135   anonymous   2007 Nov 9, 2:25pm  

Negra Modelo dark is a headache in a bottle though, try Guinness but you have to be careful, only in glass bottles WITHOUT any modern gimmicks such as CO2 thingies, so "little sour ones" or "big sour ones".

May the US stock market crap its pants, and realize that it's about at about 8000 to anyone outside the Evil Empire, and may Surfer-X find happiness in SackOtomatoes.....

136   OO   2007 Nov 9, 2:29pm  

Danville woman,

ask the Japanese housewives.

About 2 years ago, there were quite a few reports on the Japanese housewives getting into the carry trade (borrowing Yen investing in USD), because Yen deposit is not earning anything, and Japanese are obsessive savers. When I was in Tokyo, I saw lots of posters for Yen carry trade seminars targeting Japanese housewives. If you want to know what's hot in Japan, check out the popular seminars.

Recently I have been reading that the Japanese housewives are anxious to do the trading in reverse, dumping their dollar deposit and going back to Yen, because Japan is getting very inflationary, particularly in the recent months. In fact, Japanese housewives are retrieving fund from America to buy gold as a hedge against inflation. That is why you see Yen strengthening without causing gold price to crash.

137   surfer-x   2007 Nov 9, 2:57pm  

135 per sqft? arfk, (are you fucking kidding?) wow, right on!

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