Solictr,
I’ll stress that all other issues changed the timing of the crash – not whether the crash would happen or not. Side issues. With that in mind, I’ll answer your queries, and hope that the answers are inclusive to most posters.
Isn't it the case that the 1994 and 1996 revisions to the CRA encouraged (and in some cases via litigation forced) banks to issue ever more subprimes?
The original Community Reinvestment Act (CRA) attempted to stop discrimination in loans made to individuals and businesses from low and moderate-income neighborhoods. There was a caveat though – that the loans were still consistent with safe and sound operation. It did not require institutions to make high-risk loans that may bring losses to the institution. The Act was purely one of those ‘don’t discriminate and be seen not to discriminate’ acts.
That is still the case today.
Didn't Fannie and Freddie's loosened underwriting requirements provide a ready-made secondary-market sump into which lenders could dump dubious subprimes?
Fannie Mae and Freddie Mac expanded their subprime business in the late 90s, partially in response to the higher affordable housing goals established by the government.
In fact their larger subprime role helped to reduce the level of predatory lending, since both FMs set clear guidelines about the types of loans that they will not purchase. They were limiting themselves to ratings of A- or above (about 8/10). So no, there was no dumping so long as the credit risk was not being deliberately underplayed by unscrupulous banks. But that’s a different issue.
What it did though was to increase the money available for subprime mortgages – at least for the relatively good ones. The money available was further increased between then and now as the government set higher and higher targets for minority home owners. The more money around, the higher the housing prices, and this magnified the crash.
What are you thoughts on Basel II and the mark-to-market rule? It strikes me that MtM created a dangerous positive-feedback loop which both inflated the bubble and accelerated its crash, since it tended to first over- and then understate nominal asset value.
Basel II
Basel II is an international agreement that tries to ensure that banks have sufficient capital to back what they are doing just (as mentioned in an earlier post) as casinos need sufficient cash on the premises to cover every chip on the floor. It also provides a level playing field across the world so investors and lenders can compare like for like. The earlier version did not cover many important risks and was unsophisticated in its calculations.
Under Basel II the calculations involved can be highly complex. Basically, you look at the assets and then make discounts for different types of risk, and the bank needs sufficient capital to cover the total.
For example:
- liquidity risk (a building on the books worth USD 10m gets a discount, cash of USD 10m does not since it’s already cash)
- credit risk (a loan to a Zimbabwean bank gets a huge discount compared to, well, almost anyone else)
- concentration risk (a wide portfolio gets a small discount, but if you have 90% of your loans to farmers for example, there will be a large discount)
…and many more. There is even a discount applied to how good the banking internal systems are. The better the system, the lower the discount made.
It is interesting to note that for the credit risk calculation, the US is pretty much the only major country not yet to have implemented Basel II. It’s due out in the next few months. Most countries had implemented even the advanced version by January 2008.
I like Basel II immensely, but would a fully implemented version have prevented the crash? No, but it might have softened it to a small degree - the reasons for the crash were beyond the scope of a capital adequacy framework. The series of events that have led to the current situation were sparked by a search for return and growth in an environment of historically low interest rates and fueled by poor underwriting standards, opaque and complex financial products, lax investor due diligence, short-term incentive distortions, inadequate risk management, and weak valuation and disclosure. Most of that came as a consequence of the repeal of the GSA.
And this is what pisses me off. I’ve worked for the head office of group companies that included banks from 1994 and decided to get out of the finance sector in Sep 2007. Within those groups there was monthly reporting – my speciality. For companies / divisions that were not banks, the focus was entirely on the profit, with a cursory glance at the balance sheet to make sure creditors were not being overstretched and debtors were paying on time. For banks, the focus was concentrated on the balance sheet (mainly various risks and yield by asset type, liquidity and capital adequacy,). The profit was not so much an afterthought but a lowly second. This was industry standard.
Bankers took their eyes off the ball post GSA.
The crash also highlighted the importance of thorough assessments of the quality of underlying assets, because without such assessments any regulatory regime would quickly become ineffective. As I said, everyone thought they were selling the risk. They hadn’t realised, naively, they were buying it as well.
In a Basel II environment
- the closer alignment of risk with capital would require more capital to be held against the riskier credits arising from weak underwriting practices
- banks are encouraged to improve their risk monitoring and managing techniques
- there is greater disclosure of the adequacy of individual banks' risk exposures, risk-assessment processes, and capital.
Mark-to-market
First of all, some background.
Mark-to-market (MTM) is a way of valuing an asset. Basically, you use the current price unless it’s a long term investment such as a treasury bond which you expect to keep to maturity. That’s all there is to it.
What happens when the asset’s share price is all over the place. Let’s take an extreme example. Suppose you invested in a company to the tune of USD 100m and the share price has been quite steady. However, on the last day of the reporting year there is a rumor that the company has lost its major customer and the share price drops 20%. However, the next day the company announces that the rumor is unfounded and the share price recovers and continues to stay at that level. Under the MTM accounting rules, you have to value the asset at only USD 80m, ie show a USD 20m loss that year. Next year, presuming the share price stays as was, you will show the asset back at USD 100m and show a USD 20m profit.
The same would be true the other way. Suppose those rumours were takeover rumours which increased the share price at the year end. You would show a profit that year, and a subsequent loss in the next when the rumours were scotched.
Tough. Them’s the rules. That’s the value of the asset on the day and that’s that.
You also need to apply the rule when you have a contract to supply or receive an asset in the future – not just when you have the asset. Such things are called derivatives. A simple example would be where I have an agreement with someone to give them USD 6m in exchange for GBP 3m next month. If right now the exchange rate was 2.00 (those were the days…), that contract is worth nothing to me today - I’m neutral. However, if the exchange rate is 1.50 right now, I’ll need to spend GBP 4m to source the USD 6m, and get only GBP 3m in return. So right now I’m showing a loss of GBP 1m on that future contract. Derivatives can be used for all manner of items – exchange rates, share prices, interest rates, you name it.
It is only within the last few years that these derivatives needed to be accounted for.
Now back in the days before the repeal of the GSA, these derivatives were used as a hedge, an insurance policy if you will, to minimize risk and volatility in the numbers. Instead of being highly exposed to interest rates, they would make a contract with another bank to effectively fix the rates. No loan is made, but a future contract (for a fee) similar to the example above, only using interest rates, not currency. If the interest rate increased, the bank would effectively be insured for it. If the interest rate decreased, the bank would be paying out to the other party. But its profit would be stable whatever happened.
However, once the investment arm was unleashed by the repeal of the GSA, traders at banks saw derivatives as a way of (hopefully) making profits for the investment arm without a cash outlay and soaking up the bank’s capital. They would make such deals for the future, and then sell them on (hopefully for a profit) before they would mature. Take the currency example above. Suppose my agreement is with a bank. At the exchange rate is currently 1.50, I’m showing a loss of GBP 1m on the deal and the bank is showing a profit of GBP 1m.
What the trader would then (ie should) do is to make a contract with someone to sell USD 6m for GBP 4m next month. Since that’s at the current exchange rate, there will be buyers. That way, no matter what happens next month with the exchange rate – it could double, it could halve – the bank will see USD 6m in and out, and GBP 3m out and GBP 4m in. The GBP 1m profit has been locked in and the bank did not have to spend any money to do it.
The huge explosion of the use of derivatives purely for speculation without the capital outlay has made the stock markets (and indeed all markets – commodities, bonds, currency, you name it) far, far more volatile than before. Just as Fannie and Freddie increased their own and everyone’s risk by putting more liquidity into the subprime market, the same happened elsewhere making market prices far more sensitive and volatile than ever before.
Think of the markets as spinning tops. You can knock a big, chunky spinning top and it will quickly return to its stable upright position. Do the same knock to a spinning broom handle and it will topple over. The markets had become broom handles.
What also complicated matters was, as I mentioned, banks did not fully realise what they were buying with these mortgage-backed securities. They were being overvalued by all. It was only when the crash happened did the banks properly analyse revalue them – the ones they had been caught with in the massive game of pass the parcel they were inadvertently playing when the music stopped.
OK, that’s the background, and apologies for the length of it.
You may have spotted a couple of problems with mark-to-market. What if there isn’t a market? Suppose you have a third share in a local shop. Those shares are not traded on any stock market, so how would you try and value it? In that case, you would try and find where someone had recently sold a similar shop (or a part share in one), and scale up or down the value based on that.
The other main problem is if the market is not orderly, such as during the economic crisis. The US, correctly in my opinion, is now allowing an override to using MTM in such times. Basically, the value of an asset in an orderly market may then be estimated instead. Possible abuse there of course, but it’s a better approximation to a fair value than MTM might be, and in essence that’s what it’s all about – fair value.
Would such an approximation be used in my opening example of the USD 100m investment? No. The rumour mill is all part and parcel of an orderly market. Shares can quite often go up or down by 20%. You would still use MTM in that case.
Do I think that mark-to-market was in part responsible for the crash? Many people, including the Former FDIC Chair William Isaac, believe this to be the case - placing much of the blame for the crash on the requirement for banks to mark-to-market their assets, particularly mortgage-backed securities.
I disagree…in the main. The huge losses that banks started to report came about when they finally realised exactly what they had been buying and the true value of it (by finally looking at the underlying assets) – much less than what they had paid. It was a correction and a necessary one at that.
Having said that though, the sudden reporting of losses by banks in the last quarter of 2007 started to destabilise the whole valuation process for these assets. Suddenly there was not an orderly market and yet the accounting rules at the time stated they had to use current market value. So instead of showing a loss of USD 4 billion when a bank realised what they had, they were now showing a loss of USD 8 billion because of the crazy market at the time. They still would have shown a hell of a loss and the crash would have happened. MTM was just a way of quantifying the effect of the banks’ screw up.
It seems some people want to shoot the messenger who got the exact number wrong, but had the scale about right.
Once the market has stabilised, MTM is the correct valuation method that should be used. No question about it. The trick though is for the bank to fully understand what the asset is in the first place!
Free markets can only work if people know the value of what their buying. But they didn't.
Exactly my point, only you’ve expressed it in a sentence and I rambled on for more paragraphs than I care to count.
Why??
Standard operating procedure for traders is to look at the history of the asset and analyse what it had been trading at for the last few months. How volatile is the value? Does it seem too risky for my portfolio? After all what is the value of an asset? It’s whatever someone else is prepared to pay for it. And since all they looked at with their computer programmes were the trends on the price, the price remained relatively stable and supported itself. Of course, there’s a caveat to the valuation. It’s whatever someone else is prepared to pay for it if they have full knowledge of exactly what the asset is. That’s why people have surveys before buying a house of have a mechanic go over a second-hand car that’s being sold. Some financial instruments had become so exotic and complex traders did not fully understand them and had forgotten to go back to basics.
It seems to me that it wasn't so much the repeal of the act that made this happen - it could've been okay as long as the players involved bothered to assess the risks correctly.
The inherent risk and impending losses were still within the financial community as a whole. One bank’s seller is another bank’s buyer. It was merely a question of who got caught with what and when on the day. As I said, think of pass the parcel. Will it be Freddie Mac caught with, say, a USD 100m loss from assets bought from Countrywide, or will it be Countrywide caught with the USD 100m loss when the bubble burst because they couldn’t sell those assets, or simply hadn’t yet.
Had those assets been correctly valued and assessed for risk at the outset, they would not have been sold on in the first place, because the seller would not have taken such a low price. And when the bubble burst, it would be them taking the hit rather than someone else.
Same loss had to be shown, just a different company.