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e-Newsletter                                                                                                         January, 2010

    Pathfinder e-news is a complimentary publication for lenders, loan servicers and commercial real estate professionals dealing with issues and trends relating to commercial loans and real estate. If you have colleagues who may benefit from Pathfinder's e-News, please add their email address in "Subscribe"
In This Issue

THANKS FOR WRITING IN
Auld Lang Syne - Ten Predictions for 2010
   By Mitch Siegler, Senior Managing Director


SELECTED PATHFINDER CLOSED TRANSACTIONS
 
FINDING YOUR PATH
Been Shopping Lately?
   By Lorne Polger, Senior Managing Director  
Mid-to-High End Housing Market - A Slower-Moving Train Wreck
   By Mark Hanson, M. Hanson Advisors

INFLATION OR DEFLATION?
   By Merle Haggard

NOTABLES AND QUOTABLES

Pathfinder Info
  
 
Join Our Mailing List
REDESIGNED NEWSLETTER FORMAT 
 
Thanks to our own Matt Quinn for redesigning our newsletter and bringing us into the 21st century. Let us know what you think of the new look. 
Thanks4THANKS FOR WRITING IN 
 

Thanks to those of you who have written in - please keep the cards and letters coming - we welcome your feedback. Here are a few recent comments:

 

"Very informative!"

"An outstanding newsletter that continues to sum it all up."

"Straight talk - thanks for calling it as you see it!"

 

We are pleased to reprint Mark Hanson's excellent piece on the trouble that lies ahead for the mid to high-end residential real estate market. Mark, of the eponymous Mark Hanson Advisors, is dubbed Mr. Mortgage, for his deep knowledge of the mortgage and real estate markets.

 

Several of you have asked about guest-writing features for upcoming newsletters. If you have expertise in an area that could be of interest to our readers, please email us at info@pathfinderpartnersllc.com with information about your proposed subject matter - we will be happy to consider it for a future edition. 

ChartingCHARTING THE COURSE                        
Auld Lang Syne - Ten Predictions for 2010. 
By Mitch Siegler, Senior Managing Director
 
 
When we last sang Auld Lange Syne, we offered up "Nine Forecasts for 2009."  Again, we're ignoring Mark Twain's sage advice (never predict anything, especially the future). In fact, we're going to kick things up a notch, like Chef Emeril, with "Ten Forecasts for 2010."  But, first, let's take a look at last year's report card:
 
1.      Thrift is in ("A") - Last year, we said "After years of tapping home equity lines to fuel spending, Americans are beginning to do the unthinkable - scale back consumption and ratchet up saving...American consumers will slash their spending and increase their savings rates - perhaps back up toward 10% - over the next decade." As this goes to press, the U.S. personal savings rate had increased to 4.4%, a more than 50% increase from 2.9% a year ago.
 
2.      Massive retail consolidation and loads of bankruptcies ("A") - Last year, we said "The consumption boom has left the American retail landscape dramatically overstored...the American retail landscape, as a result, has dramatic excess capacity." For the ten months ended October 31, 2009, there were 75,019 commercial bankruptcies, a 143% increase from the 52,373 in the same period in 2008. According to SeekingAlpha.com, U.S. retailers closed 12,727 stores in 2009, up 251% from the 5,062 in 2008.
 
3.       Being #2 is no longer enough ("B+") - In 2008, we wrote "Last year brought massive consolidation in financial services. For '09, the Big Three will likely become the Big Two. In retail, Circuit City can't compete with Best Buy and Linens and Things can't do battle with Bed Bath and Beyond. We'll see far more failures in numerous retail categories (think Borders in books and Pier One in home d�cor)." Well, the Big Three is now the Big One (Ford), with both GM and Chrysler having gone through bankruptcy and the former still a ward of the state. Circuit City and Linens and Things both filed bankruptcy as well. Borders is still standing with a stock price hovering around a buck. Pier One, though, is trading near its 52-week high of $5/share (the low was $.10!).
 
4.      We're shifting from a market economy to a political economy ("B+") - Last year, we said "In the olden days, a few months back, companies made pilgrimage to Wall Street for capital. Now, companies (and Wall Street firms) visit Washington when they need money. Look for an acceleration of this financial socialism - bailouts for auto companies, insurers, consumer credit firms and maybe even the homebuilders that got us into this mess in the first place."  Wowie kazowie - did this ever come true, with Uncle Sam taking a controlling stake in GM and ratcheting up its stakes in Bank of America and Citicorp this year. Washington actually displayed a smidgen of fiscal discipline by refusing to bailout consumer finance company CIT Commercial. 
 
5.      Capital markets will remain frozen ("B") - Last year, we predicted that "Banks will continue to take their new capital from Washington and use it to patch up their battered balance sheets rather than lending it to businesses."  More and more, this is looking like a multi-year chill. Why would banks make risky (or safe?) corporate or real estate loans when they can earn a 300 basis point spread buying U.S. Treasury bills? The lending environment didn't get worse, thus the grade of "B".
 
6.      Bankers will want to be extra nice to their bank regulator ("B+") - Last year, we said that in 2009, "we'll see regulators slap more sanctions on lenders and take early steps to save, merge or sell far more financial institutions than we've seen in the past year. (Through Thanksgiving, there were just 22 regulatory takeovers of banks. Our '09 forecast - 200-300.)" Well, we certainly pegged the theme and directionally, we hit the nail on the head. The regulators finally got off the dime this year and seized 136 banks through December 22nd, six times the 2008 total but well shy of our 200-300 forecast. We stand by our 200+ target for 2010.
 
7.      Your first markdown is your best markdown ("B-") - Last year, we said "This truism - whether about bank loan portfolios or retail inventories - will take on new meaning in '09." We were half right, as retailers slashed prices to move inventory but most banks remained steadfast in their refusal to liquidate assets at market prices. With the exception of a few banks that have been active sellers of troubled loans and real estate, banks' mantra in '09 remained "Extend and pretend". Hope is not an exit strategy. Maybe in 2010 the bid/ask gap will narrow so assets can clear.
 
8.      The next shoe to drop is commercial real estate ("B") - Last year, we said "Many projects acquired or refinanced in early '07 are now worth half of previous values. More half-empty office buildings will be sold for prices that will shock and awe. Industrial vacancies will rise and REITs will be forced to liquidate properties at surprisingly low prices." While this call was generally on target as commercial real estate (CRE) prices declined 30% to 40%, we were early and we seriously underestimated the degree to which the REITs would raise equity capital to shore up their balance sheets. REITs are now actively buying distressed bank assets. We still think we're in the early innings of the CRE bloodbath. (One friend says we're in batting practice.)
 
9.      The banking system will survive but will likely look different ("B-") - Last year, we wrote that "Treasury has already brought JP Morgan, Wells Fargo, Bank of America, Goldman Sachs, Morgan Stanley and Citicorp into the fort. They're survivors. We wouldn't be surprised to see partial or complete nationalization of these and other large financial institutions over the next year."  Bank seizures in 2009 increased more than 500% over 2008 levels. This year brought several notable seizures, including condo lender Corus Bank (which, had the regulators been awake, would have been taken over in 2007 or certainly in 2008) and Colonial Bancorp, a $25 billion lender. Well, we didn't have nationalization but the Feds continued to prop up the banking system with Fed Funds rates of 0.00-0.25% and miniscule lender reserve requirements, forestalling the day of reckoning and protecting banks from write-offs. The mark is a "B-" because the banking system looks pretty much the same, as much of an indictment on Treasury, the Fed and the FDIC than our soothsaying abilities. 
 
         Overall mark: B+, with no grading on the curve 
 
 
Ten Forecasts for 2010
 
Hold on to your hats - it's going to be a wild ride. Ten calls for the New Year: 
 
1.      The fat lady hasn't yet sung on unemployment - Pundits were ecstatic in December when the unemployment rate declined from 10.2% in October to 10.0% in November. The more inclusive measure - U-6, which includes those out of work for six months and those who have stopped looking for work - stands at 17.2%. And, 38% of the unemployed have been out of work for more than 27 weeks - triple the average for the 61 years that these statistics have been tracked.  We expect unemployment to remain at uncomfortably high levels in 2010. 
 
2.      Beware confusing positive GDP with a hunky-dory economy - Most economists surveyed now say the recession has ended and call for GDP growth in 2010. We don't quibble. But, we caution that positive GDP does not a healthy economy make. During the Great Depression years of 1930-1940, the average GDP growth rate was 1.32%, yet the unemployment skyrocketed to 24%.
 
3.      Tough times ahead for FHA, Fannie Mae, Freddie Mac and FDIC - We see lots of danger signs for these government-sponsored entities and agencies and wouldn't be surprised to see substantial fallout for one or more, currently teetering on the edge of a cliff, next year. The GSE's (Fannie and Freddie) have, for years, been engaging in high-risk, sub-prime type lending to marginally qualified buyers. Uncle Sam has bailed them out, but they're not out of the woods just yet. This year, FHA made 96.5% loans to hundreds of thousands of marginal buyers, many of whom have leveraged their $8,000 first-time homebuyer credits. FHA just reported that 14.4% of its borrowers are now late.  In the U.S., 23% of homes with mortgages are now under water. Coincidentally, that's the same percentage of home loans the FHA is now insuring. The FDIC is $8 billion in the hole and is asking banks to pre-pay $45 billion in insurance fees for the next three years.
 
4.      Another big foreclosure wave is coming - In December, we heard the Chief Economist of the Mortgage Bankers Association, Jay Brinkmann, Ph.D., speak at a rather dull economics conference. (Redundant?). Jay had some interesting remarks about foreclosures that woke us from our slumber. His first point was about the 30-day delinquency-to-foreclose "roll rate" - which measures the proportion of home-owners that receive 30-day delinquency notices who subsequently "roll" to foreclosure. In Texas, the rate is now 20% - about the level nationally during the early '90s RTC crisis. In Michigan, it's now twice that - 40%. And in the hardest-hit foreclosure states, California and Florida, it's a whopping 80%! Jay's second metric really got our attention. Check out this chart showing shadow inventory:
 
                                                    - - - - - - - - - - - In 000's - - - - - - - - - - - -
 
                                                                                        
Mortgages 90-days
Year
                                         Homes for Sale                   Late/in Foreclosure
2007                                               322,000                                  160,000
2008                                               283,000                                  399,000
2009                                               187,000                                  690,000
 
So, two years ago, shortly after the housing market peaked, there was about one mortgage 90 days late or in foreclosure for every two homes for sale. Last year, the ratio had increased to 1.4-to-1.0. Now, it's 3.7.-to-1.0. Taken together, these metrics tell us we are nowhere near the end of the foreclosure mess.
 
5.      Dubai is just the warm-up act - watch out for China. If you thought Dubai World's recent $60 billion quasi-default was scary, consider that China is Dubai on steroids. Sure, we could drone on about lax Chinese lending standards that make the U.S. and U.K. mortgage messes look like child's play. Instead, we'll defer to the "Skyscraper Index", chronicled in a December Barron's article.  Developed in 1999 at Dresdner Kleinwort, it basically says that the impulse to build the world's tallest skyscraper generally precedes an economic downturn. For example, the planning for the Singer and Met Life buildings signaled the Panic of 1907; the Chrysler and Empire State Buildings, the Great Depression; the World Trade Center and Sears Tower, the '70s stagflation; the Petronas Tower in Kuala Lumpur the '90s East Asian Crisis. Coincidentally, the world's tallest building, the Burj, is located in Dubai. Shanghai Tower, scheduled for completion in 2012, at 2,070', would be China's tallest building. 
 
6.      200+ banks to fail in 2010 with 600-800 banks going down 2010-2012 - The number of financial institutions on the FDIC's unpublished "problem list" rose to 552 on September 30, from 416 on June 30. The FDIC seized 50 banks in the third quarter and took over 136 this year through Christmas.  
 
7.      CMBS won't be back anytime soon - The Frankenstein's monster that was the collateralized mortgage-backed securities (CMBS) market won't be coming back in any meaningful way in 2010.  CMBS loans, the bonds underlying commercial real estate transactions popular with Dutch pension funds and other savvy investors during the go-go years, will remain toxic for at least another year or two.  
 
8.      Commercial real estate (CRE) market will "begin" to find bottom in late 2010 -  The CRE death spiral of declining property fundamentals (loss of tenants and declining income for those who remain), an unavailability of financing and the corresponding dearth of buyers combined with "only the most desperate sellers" selling will keep transaction volumes low. Offsetting that will be a newfound reality for banks and the FDIC, which will begin offloading their troubled assets in a more meaningful way next year. The operative word here is "begin", as we'll be bumping along the bottom into 2011 and maybe 2012, too.
 
9.      Office and retail will be a bloodbath - We said it last year and we'll repeat it again about 2010. The heavy job losses in financial services, real estate and professional services (legal, consulting, accounting) has caused net office space absorption to be negative for seven consecutive quarters, according to Wells Fargo Securities. We expect another round of bankruptcies and store closings to follow a lackluster holiday season.
 
10.     Business bankruptcies will continue to skyrocket - Business bankruptcy filings increased 7% (from 7,271 in September to 7,771 in October) and 24% year-over-year, according to Automated Access to Court Electronic Records, which tracks bankruptcies. Businesses are still faced with weak demand as they struggle to obtain financing. CIT Group's recent bankruptcy filing is a further blow to small businesses, hundreds of thousands of which depend on CIT for financing. Real estate and retail continue to be the hardest hit industries. Bankruptcy filings are a lagging indicator, so we'll likely see increased bankruptcies for several quarters, even after the economy turns back up.
 
Volatility brings opportunity and 2010 will bring both aplenty. Fortunes will be made this year in real estate, stocks and commodities. We wish you and yours a very happy and profitable new year. We'll report back in 12 months to let you know how we did.
 
Mitch Siegler is Senior Managing Director of Pathfinder Partners, LLC.  Prior to co-founding Pathfinder in 2006, Mitch founded and served as CEO of several companies and was a partner with a boutique investment banking and venture capital firm.  He can be reached at msiegler@pathfinderpartnersllc.com.
 
sELECTED 

         

 

    
FindingFINDING YOUR PATH
Been Shopping Lately?
By Lorne Polger, Senior Managing Director

The folks here at Pathfinder hope everyone had a great holiday season.  2009 turned out to be a trying time for many people in lots of industries and geographies and we hope 2010 will be a better, easier and more productive year for all.

 

In the retail world, we heard lots of talk on the news and at holiday parties about some pretty significant bargains flaunted by some of the big box retailers; LCD flat screen televisions for $400, laptop computers for $275, and $5,000 off of the sticker prices for Fords and Chevys. Notwithstanding the chatter, being the real estate geeks that we are, we can't help but pay more attention to the real estate side of the shopping equation than the bargain isle side of it. 

 

Clearly, 2009 was one of the most difficult years ever for retail real estate.  The worst case scenarios played out in terms of a hostile leasing environment, a dormant investment sales market, challenging (impossible?) lending conditions and troubled retailers.  On the other hand, you could also argue that it wasn't as bad as some predicted, certainly not as bad as we at Pathfinder predicted.  Does that mean we've turned the corner and are heading for some measure of improvement, or is the worst yet to come?  Well, consider the following.

 

The number of store closures and retail bankruptcies that occurred in 2009 were staggering.  How about this for a list of name brand retailers that hid under the skirts of a Chapter 7 or Chapter 11 bankruptcy filing this past year:  Goody's, Circuit City, Shane Company, Gottschalks, Ritz Camera, Z Gallerie, Ultra Stores, Filene's Basement, Anchor Blue, Eddie Bauer, Crabtree & Evelyn and Basha's.  Surprised to see a few of those names?  I was.  The list of major retailers that decided to conduct significant store closings during the year is no less daunting.  It included Macy's, Cost Plus, Van Heusen, Home Depot, Starbucks, Chico's, Talbots, Zales, Gap, Sears, and Rite Aid, just to name a few.

 

During ICSC's annual retail convention in Las Vegas, attendance was down 50% or more from annual highs.  Consider how important that statistic is.  ICSC is where leasing deals get done with national retailers.  In fact, the two largest mall operators in the world, Simon Property Group and Westfield did not even operate booths at the show.

 

Over the course of the Thanksgiving and Christmas/Hanukkah holiday weeks, the Polger family had the opportunity to take a couple of ski trips in Colorado and Utah, and also did a little bit of local shopping here in Southern California.  During that six-week period, five events/conversations/observations pertaining to retail real estate struck me to the point of writing them down immediately after they happened.  Perhaps more than anything else, they struck me as signals to where we might land on the retail real estate landscape.

 

Black Friday, Super Target Style.  Black Friday, the proverbial Super Bowl of retail merchandising.  If your numbers are down on Black Friday, it does not portend well for the balance of the season.  Well, I heard lots of conflicting reports (both positive and negative) about those numbers, but my own personal experience was pretty telling.  My family and I were in a large Super Target store in the metro Denver area around 3 p.m. that day.  The number of employees was likely double the number of customers in the store.  That's right, twice as many employees as customers.  As far as the eye could see, there was just a swarm of ill fitting red polo jerseys.  Sure, it's just one store, at a specified time, in a specified retail submarket, but I bet that was not an isolated incident. 

 

Walmart's Back Room.  We had the opportunity to spend some time with family members over the extended vacation.  One cousin is a wholesaler of casual clothing to both large and small retailers.  His largest customer is WalMart.  When I asked him how his sales were going, he noted that the most difficult part was the huge inventories that companies like WalMart are carrying in their back rooms.  Sure, the shelves look like they are regularly stocked, but Bob the Floor Manager for the Casual Clothing Department has a back room with 100 sweatshirts just like the one my cousin is trying to sell him.  So, he's not a buyer until that inventory gets thinned out.

 

How Come We Can't Find Bargains on Socks, Underwear, Cheese and Milk?  It's very impressive to see some of the incredible deals on specialty items, electronics and large ticket items, like cars.  But really, how often does the typical consumer purchase those types of things?  Our family has purchased one television in the last ten years.  We've purchased one car in the last five years.  Now, perhaps we're different than some, but I bet you the quick spend, easy money mentality of the consumer has changed for a long time, and more people are going to be like us.  On the other hand, we probably go to our local grocery store three or four times per week.  Seen any discounts lately on milk, cheese, fruit, meats or veggies?  I haven't.  In fact, our grocery bills are through the roof, and there really isn't much that we can do about it.  So, while there may be some bargains on specialty items, I really don't see the same thing happening with the more regular staples of life.  What does that mean for retailers?  Probably that regular folks keep buying the staples (because, after all, you can't really live without staples) but continue to back away from discretionary, luxury items. 

 

The Search for Feetie Pajamas.  My two teenagers went on a lark and decided that they both wanted to buy adult pajamas with feet, aka feetie pajamas.  Much easier said than done.   There is no shortage of feetie pajamas in child sizes, but perhaps not surprisingly, very few retailers carry them in adult sizes.  But, in true family bonding style, we searched high and low for adult sized feetie pajamas, mostly at major department stores.  What struck me during our expeditions (by the way, we were unsuccessful in the great search, so write in if you have any ideas) was the lack of standing inventory in the stores.  Now, that just doesn't make sense when contrasted with my comments above regarding the amount of inventory WalMart's back room.  Why would retailers keep in store merchandise thin and stock up on the back room?  I sense that retailers have become ultra conservative in their purchasing volumes.  They just don't want to spend the money unless and until they see the tide turning.  Based on my experiences, the tide is still way out to sea.

 

Two Types of Tenants.  One of my friends has been a significant investor in regional shopping centers throughout the southwestern U.S..  I had the opportunity to sit with him a few weeks ago to discuss our respective views of the state of the real estate world.  When I questioned him about some of the discussions he had been having with his tenants, he mentioned that in the recent part of this cycle, there were only two types of tenants; those that had already asked for significant rent reductions, and those that were planning to ask for them.  He said that as of December, the former had begun to outnumber the latter.

 

What conclusions can be drawn from these various experiences and observations?  First, that retailers' knee-jerk reactions to the current economy is not surprising: store closures, fewer openings, delayed signing of new deals, and the like.  Second, that lenders' decisions to opt to pretend and extend troubled shopping center loans rather than foreclose and realize losses prevented the expected wave of distressed deals from fully materializing in 2009.  Third, that faced with dwindling retail sales, rent reductions and store closures, more shopping center owners and lenders will face much greater pain in the years ahead.  Fourth, that consumer spending habits have changed, perhaps for a long time.  Fifth, that my prediction for retail real estate is that 2010 is going to be a very, very tough year, much tougher than 2009.  Perhaps recovery signs will begin to blossom in 2011.  Perhaps.

 
Lorne Polger is Senior Managing Director of Pathfinder Partners, LLC.  Prior to co-founding Pathfinder in 2006, Lorne was a partner with a leading San Diego law firm, where he headed the Real Estate, Land Use and Environmental Law group. He can be reached at lpolger@pathfinderpartnersllc.com.
 

snippetzSNIPPETS: TRUTH IS STRANGER THAN FICTION
A Collection of Comical, Outlandish, Bizarre and Frightening True Stories

A compendium of notable news articles relating to commercial lending and real estate which we've edited and commented upon.  
 

Goldman Sachs Report: Government Policies Boosted House Prices 5%

 

First-time buyer tax credits, "abnormally low mortgage rates" and other government interventions in the housing market have increased national home prices 5% above where they would have been otherwise, Goldman Sachs estimated in an October report.


These subsidies won't last forever and may have created a false bottom in the market. "The risk of renewed home-price declines remains significant and our working assumption is a further 5% to 10% decline by mid-2010," wrote Goldman economist Alec Phillips in the report.

 

"In 2010, we expect some of these supports to fade. Fed and Treasury purchases of mortgage-backed securities to taper off and the pause in foreclosures created by federal mortgage modification programs may end," according to the report. "The federal tax credit for first-time homebuyers appears likely to be extended for at least a few months, but probably no longer than through the first half of 2010," per Goldman. Goldman estimates that the first-time home buyer tax credit probably cost around $80,000 per additional home sold.


The report has some bright spots. Goldman believes "the brunt of the price decline is behind us". The outlook, though, remains: "The cloudy policy outlook adds to our already considerable uncertainty of where house prices will ultimately bottom."

 

No Jingle Bells for U.S. Malls, Retailers

 

American shopping malls were nearly 20% vacant heading into the Christmas season. While consumers should benefit from aggressive promotions, they will likely experience inventory shortages as retailers are keeping a close eye on inventory management.

 

The glut of stores, built in an earlier day of cheap debt, is too big a problem to be overcome simply by scaling back construction and waiting for a stronger economy to bring back the shoppers.

 

It's a new day and more disciplined consumers are actually saving again. Morgan Stanley's consumer analysts say we may not be so much over-stored as malls may be "under-demolished." Even a cyclical recovery that saw sales return to $300/square foot can only trim vacancy rates to 15%, not enough to fix the excess supply situation plaguing retail real estate.

 

To cut vacancy rates to 12%, stores would need to shutter 250 to 300 million square feet of retail space. That's nearly 5,000 football fields - or all the retail space built in 2007.

 

Commercial Real Estate Values Have Now Declined to Pre-2004 Levels

 

This, according to a November analysis conducted by CoStar Group. While experts have generally agreed that the damage from declining real estate values would hit properties purchased at the 2006-2007 peak of the market especially hard, it now appears that properties acquired in 2004-2005 may also be at high risk. If so, tens of billions of dollars of additional properties and commercial mortgage-backed securities are at risk of default and credit downgrade, respectively. According to the report:

 

Office properties are approaching the average price paid in 2004 ($168/square foot now as compared with $164/square foot in 2004);

 

Industrial properties are already 13% less valuable than in 2004 ($71/s.f. now vs. $81/s.f. then);

 

Shopping centers are already 23% less valuable than in 2004 ($84/s.f. now vs. $109/s.f. then); and

 

Multi-family properties are already 19% less than the average price per unit paid in 2004 ($70,000/unit now as compared with $86,000/unit in 2004).

 

Special Servicers Drinking Out of a Fire-Hose

 

During the next four years, $1.4 trillion of commercial real estate mortgages will mature, according to Wachovia Securities. This equates to about $1 billion of debt maturities each day. With loan delinquencies expected to rise to 6% in 2009, most special servicers simply do not have the manpower to keep up. And, there's a multiplier effect here, too because, when a bank simply extends a loan, risk-based capital is not returned to its balance sheet. Even by today's more conservative bank multiplier standards of 10:1, for every $100 million of loans rolled over, $1 billion of new loans cannot be made.

 

Seized Bank's Officers Downplayed Deteriorating Financial Conditions


The California Department of Financial Institutions closed United Commercial Bank (UCB) in San Francisco in November and appointed the FDIC as receiver.

 

We've seen this story more than 100 times this year and normally, we wouldn't think twice about it, except for one thing. First, details on the UCB seizure.


The FDIC entered into a purchase and assumption agreement with East West Bank to assume all of the deposits of UCB and its 63 branches. As of Oct. 23, UCB had assets of $11.2 billion and deposits (liabilities) of $7.5 billion. In addition to assuming all of UCB's deposits, East West agreed to purchase $10.2 billion UCB's assets (loans). The FDIC and East West Bank entered into a loss-share transaction on approximately $7.7 billion of these assets. East West will share in the losses on these assets. [OK, standard fare, so far. But, this tidbit is interesting.]


Separately, a subcommittee of UCB's board completed an investigation regarding the recognition of impairment losses on its nonperforming loans and other real estate owned (OREO) assets. The subcommittee's report identified problems resulting both from weaknesses in the bank's internal controls and from deliberate and improper actions and omissions of certain unidentified bank officers. The report concluded that those problems were driven by an apparent desire to downplay deteriorating financial conditions by delaying or abating risk rating downgrades and minimizing the bank's overall loan loss allowance. The report raised serious concerns regarding the actions of a number of current and former officers at various levels of the bank's management.


Probably nothing to worry about - this bank is probably just an outlier, right?

 

Third Quarter Mortgage Delinquencies/Foreclosures Top 14%

 

According to the Mortgage Banker's Association, the third quarter, 2009 delinquency rate was a record-setting 9.46% of all loans outstanding (including mortgages for which at least one payment was past due). This number doesn't include loans in the foreclosure process - factor that in and it's 14.4%, one in seven home loans. That new high-water mark for delinquencies goes back to 1972, when the MBA first began keeping such records. Jay Brinkmann, the MBA's head economist, attributes the increase to the weak job market saying "Mortgages are paid with paychecks, not percentage point increases in GDP. Many laid-off homeowners might be able to survive on their savings for awhile but the longer the economic situation stays in place, the less likely they are to hold on."

 

It's also interesting that prime, fixed-rate mortgages are the new subprime in terms of their share of foreclosures, accounting for 44% of the third quarter increase. Brinkmann expects the problem to worsen since prime, fixed rate mortgages account for 54% of the increase in loans 90 days or more past due but not yet in foreclosure.

 

Four states - Florida, Nevada, California and Arizona - account for 43% of new foreclosures. One in four Florida mortgages was in default or foreclosure. Nevada was a close second at 23%. Payments are late on one in six FHA mortgages.    

 

Foreclosures are one reason for the November 19th Wall Street Journal headline "Fear of Double Dip in Housing: Home Starts Tumble and Mortgage Delinquencies Rise, Casting Cloud Over Recovery". The article quotes Amherst Securities, which expects more than seven million homes to be foreclosed upon during the next few years. As a frame of reference, seven million is about 18 months worth of home sales at current levels.

 

It's not hard to connect the dots between foreclosures and future prices. Mark Zandi, chief economist of Moody's Economy.com anticipates a further 10% decline in nationwide housing prices between now and fall, 2010.

 

Mid-Sized and Small Banks Bear Lion's Share of Loan Loss Risk

 

Mid-sized and small banks face greater credit risks from commercial real estate exposure than does the U.S. banking sector as a whole, Fitch Ratings says in a new report.

Fitch says it expects that ratings actions taken as a result of its review of banks' commercial real estate exposure will be concentrated among smaller and mid-size banks. Based on a balance of $1.1 trillion of commercial real estate loans as of June 30, Fitch says banks could face as much as $140 billion of impairments. For individual banks, this would mean potential losses in the range of 11% to 24% of their total commercial real estate loans, the report says. These figures do not include approximately $500 billion of construction loans, where the risk of impairment is even greater.

 

As a measure of how disproportionately smaller financial institutions could bear the brunt of continued declines in property fundamentals, the Fitch report notes that none of the four largest U.S.-based banks have commercial real estate portfolios exceeding 10% of total loans. By contrast, at the 36 Fitch-rated smaller institutions with assets of $20 billion or less, commercial real estate loans represent more than 25% of outstanding loans.

 

In a statement, Thomas Abruzzo, managing director and co-head of Fitch's North America financial institutions group, comments that "the potential for further deteriorations in commercial real estate portfolios is a major contributor to Fitch's negative outlook for the banking sector. Loan losses are increasingly likely given the expectation for ongoing declines in commercial real estate markets."

 

The office sector had the biggest monthly increase, rising 19.4% and $557 million to a 2.29% delinquency rate. "With the looming possibility of leases expiring on space under-utilized by companies that have downsized, office performance may not reach a trough for a few years," says Susan Merrick, head of Fitch's U.S. CMBS group. Hospitality came in second with a 16.5% increase worth $494 million of new delinquencies; the delinquency rate for hotels is the highest at 6.81%. Multifamily has the second-highest late-pay rate at 6%.  Close behind is retail, with the biggest volume of delinquent loans at $4.9 billion. The agency says other non-traditional asset types also have high overall delinquency rates, with condominium conversions at 23% and construction loans at 29%. 

guestSPECIAL GUEST FEATURE ARTICLE

Mid-to-High End Housing Market - a Slower-Moving Train Wreck

Edited and reprinted with permission of Mark Hanson, M. Hanson Advisors

 

One housing market segment that will not catch fire from anything being done is the mid-to-high end (MTH). This is where the next crisis is building right now. Only significant house price depreciation and low rates spur sales in this market segment.

 

Many are counting in large part on the MTH homeowner carrying the housing market, consumer spending, and the broader economy straight into a full-blown economic recovery. That is a lofty premise if they are talking about the same MTH borrower with whom I worked so closely with as a West Coast mortgage banker during the bubble years and whose loan performance I track daily across all originators and servicers through our proprietary data.

 

Contrary to a growing recent popular opinion that the MTH homeowner is feeling great, the negative wealth-effect remains powerful, increasing especially over the past few months as end-of-season price dumping and increased short sale activity continued to push prices lower.

 

Toll Brothers recent earnings release sealed the positive MTH housing sentiment for many. How selling a paltry 255 houses per month (75 more houses per month than last year) over the quarter at an average price of $562k with stimuli in full-effect is in any way indicative of the true health and risks in the MTH market escapes me.

 

The reason why the MTH has not tumbled in the same fashion as the lower price bands is simply because this group of Jumbo Prime, Pay Option and Interest Only borrowers a) have much more leverage with loans such as the Pay Option ARM, making up a large percentage of the total, b) have loans that were structured with interest only or negative-amortization teasers that typically last a minimum of five years versus two years on a Subprime loan, c) typically have more options available to them, such as cashing in retirement to keep kicking the can, d) generally have more stable employment and e) have a better chance of qualifying for a mortgage modification.

 

The bottom line: the MTH is a slower-moving train wreck, which in the macro may be worse than the way Subprime imploded. Subprime borrowers who got wiped out a couple of years after getting their 2/28 are way down the de-levering road - renting a property and living within their means, which is when spending can begin again, if they choose. At the end of the day, defaults and foreclosures across the MTH will be in high double digits but stretched out over a longer period of time.

 

This collapse will keep its borrowers financially strung out for years, as conscientious borrowers sell other assets or cash in retirement to keep making payments and others opt for a pro-bank mortgage modification in which most of their disposable income each month goes to repay their massively underwater monument to stupidity. Still, many will choose the route of default and foreclosure because with negative-equity so extreme in the MTH, they are renters anyway and foreclosure is the fastest road to household balance sheet recovery.

 

Price Dumping and Short Sales Destroy Values Just Like Foreclosures.

 

No doubt about it - peak-to-trough, the MTH has been devastated in the past year. Millions who purchased, refinanced or took out HELOCs on the way up, at the top, or moving back down the other side are in such a serious negative-equity state there is no traditional way out.

 

The hot period for MTH Real Estate was 2003-2007. During this time, 75%-80% of all houses either a) changed hands, b) were refinanced (including cash-out, which increased the loan balance, c) were built and purchased for the first time or d) were  leveraged further through the addition of a second or third mortgage. Yes, the potential at-risk population is the vast majority of MTH owners.

 

Later in the 2009 season, we finally saw more MTH houses turn-over but at sharp discounts or on short sale. Unlike the low end of the market, the increased activity was not spurredby a surge in buyer demand, but was rather due to end-of-season seller panic and increased short sale activity. That said, there is pent-up demand for this sector at the right price. The problem is that the right price on one sale destroys the net-worth of scores more. This type of increased activity in the earlier innings of the MTH collapse is not a positive market factor because it sets comps and locks-in values for everybody.

 

The bottom line: price dumping and short sales destroy neighborhoods just like foreclosures. In fact, they are a leading indicator to house price deflation, defaults and foreclosures. Remember that for every person who gets a "great deal," scores more are thrown into a negative-equity or greater negative equity position, exponentially increasing their likelihood of loan default. This sector is a negative-equity time-bomb across all loan types, even 30-year fixed.

 

A $1 Million House is Now the House of a Millionaire.

 

Today, these homes are the province of someone who can put down $270,000 and show proof of over $200,000 per year in income for the past few years. Oh, and a 740 credit score is paramount. Unlike the bubble years when a $1 million house could be purchased by a moderate income household (one working as a checker at Safeway and one a mailman - both great jobs with a combined gross income of over $100,000) - now, the buyers must be rich.

 

There are far more MTH houses on the market - and coming to market in the foreclosure pipeline - than there are rich buyers who a) do not already own, b) are liquid enough to buy a new house and rent their present house and c) are in the enviable equity position to be able to sell, pay a realtor and place a large down payment on their new house.

 

Mid-to-High End Reminiscent of 2007 Broad Market Conditions.

 

In the mid-to-upper end price bands, the same market dynamics are in play right now as were in the broader housing market in 2007. This market segment has absolutely gone over the top of the mountain and has begun its steep descent down the other side. The house price compression over the next year or two will be so severe that it will undermine any stability found in the low-to-low-mid bands, especially if stimuli are removed.

 

In the MTH, the foreclosure pipeline has never been as full. But, just like with the lower-end homes, foreclosures have been held back as banks try to retrofit every borrower with a mortgage modification. To date, most MTH foreclosures have been from a) vacant houses, b) borrowers that absolutely do not qualify for a mod or c) borrowers that turn down a mod realizing they are better off walking away or being foreclosed. This is changing fast.

 

The bottom line is that MTH foreclosure starts that result in actual foreclosures have been held down artificially, no doubt. This is because of the national foreclosure prevention programs but also because more Jumbo loans are owned by financial institutions as portfolio loans. This allows the bank the flexibility to do what they want (unlike Agency or Subprime loans serviced for others, such as a Mortgage Backed Securities investor). Lenders always fight harder when it's their own money on the line - think of Jumbo in the same fashion as commercial but to a lesser extent with respect to tampering.

 

The negative-equity across the MTH is extreme and high loan-to-value HELOCs are also common with this crowd. In fact, HELOCs behind Jumbo loans attached to MTH properties can be $250,000-$1,000,000, which is even greater motivation for the bank to kick the can as far down the road as possible.

 

Because of incurable negative-equity, tumbling rents, and overall harsh reality that they have become a renter in a 5,000 square foot house, premeditated defaults are a favorite among MTH homeowners. For those in a serious negative equity position, a pre-meditated loan default, short sale or deed-in-lieu is usually much better than any alternative because a) the borrower can rent the same house down the street for much less than the cost to own, b) leaving the house begins the savings, de-leveraging and credit repair clock and c) earning their way out of a $500,000 negative equity hole is simply out of the question for most.

 

The Argument that the Mid-to-High End Market is Isolated is hogwash.

 

Most think the MTH homeowner is somehow isolated from the broader housing market collapse. That's hogwash - there is extreme leverage in this sector. These borrowers are more impacted because unlike the low-end "hand-to-mouth" borrowers, MTH borrowers may have assets to attach or protect and perhaps something called a budget. Right now, in cities across America, there are married, working couples in MTH houses sitting around the dinner table saying "Honey, we make $150,000 a year. Why can't we save any money? Where does it all go each month?"

 

Jumbo Prime, Pay Options, Interest Only loans routinely allowed up to a 50% debt-to-income (DTI) ratio, even on a 30-year fixed loan. When purchasing a house or pulling cash out through a refinance or HELOC, most borrowed what their banker told them they could qualify for. Therefore, a large percentage of MTH owners with a mortgage are highly levered, coming out of the gate. Of the 50% DTI, most goes to the mortgage, taxes, insurance and maintenance. And of course, about half got a HELOC after the purchase, taking the DTI to 60%. That does not leave a lot for taxes, food, insurance and every other expense not listed on their credit report, let alone robust consumer spending.

 

In reality, the majority of MTH homeowners purchased or refinanced with a stated income or "no doc" feature, making it impossible to know the true extent of the leverage across the sector. One thing is for sure - it is higher than if it were full-doc or there would have been no reason so many used limited doc loans.

 

To think the MTH earner will somehow pull through this unscathed while leading high-end retail sales this holiday season is verging on laughable. Yes, stocks pulling off the bottom have likely benefited sentiment. But not to the degree that house prices plunging, their HELOC being shut down from further draws and credit card limits being slashed have hurt it. You can't easily spend an IRA or 401k. Just like everyone else, most MTH homeowners live virtually paycheck to paycheck - they just had more stuff and more debt. Without easy and available credit, this group of homeowners and spenders, by and large, is as hamstrung as the rest.

 

What happens to the economy when the MTH earner is knee-capped the same way the low-to-low-mid earner was knee-capped in 2007 when housing first fell off of a cliff? Stay tuned.

 

Mark Hanson is a mortgage banking expert who focused on residential mortgages and major Wall Street mortgage investors. Since 2006, he has been an independent real estate and finance analyst, consulting for financial services firms. He can be reached at mark@mhanson.com. 

inflationINFLATION OR DEFLATION?

By Merle Haggard

 

As we go through this recession

As farther down we slip

Will our central bank get traction soon, or

Will it lose its grip?

 

It's a mini-Great Depression

Our markets went berserk

The Fed is printing trillions now, but

Will their efforts work?

 

Inflation or deflation?

Tell me, if you can

Will we be Zimbabwe

Or will we be Japan?

 

Credit markets came undone

And still are in distress

Will the dollars in my mattress

Buy much more next year or less?

 

It's a desperate situation

When you're at the zero bound

If a tree falls in a forest,

Is it making any sound?

 

New money makes inflation

If folks who have it spend

But if it only sits there,

Then the misery will not end

 

Inflation or deflation?

The choice is looking grim

I wonder what John Maynard Keynes would say

If we asked him

 

Inflation or deflation?

Tell me, if you can

Will we be Zimbabwe

Or will we be Japan?
nOTABLESNOTABLES AND QUOTABLES 
 

"If you don't read the paper you're uninformed. If you do, you're misinformed."         

 

             -     Mark Twain

 

"An artificial boom is analogous to the economic boost a town feels when the circus comes to town for a couple of weeks. The circus performers and the crowds they attract from the community and nearby towns patronize the local shops, restaurants and businesses. But, if a store owner mistakenly confuses the temporary boom in business with something more permanent and responds by expanding or opening a second location, it's a disaster when the circus leaves town. It's somewhat the same with cash for clunkers or the first time homebuyer tax credit."

 

-     Peter Schiff, Euro Pacific Capital

 

"In all more advanced communities, the great majority of things are worse done by the intervention of government than the individuals interested in the matter would do them, or cause them to be done, if left to themselves."

 

-     John Stuart Mill, English philosopher (1806-1873)

 

"What experience and history teach is this - that people and governments never have learned anything from history or acted on principles deduced from it."

 

-     G.W.F. Hegel, German philosopher (1770-1831)

 

"Skate to where the puck is going to be."

 

-     Hockey great Wayne Gretsky

 

"One trillion seconds equals 31,546 years. One trillion dollar bills placed end to end would reach 96.9 million miles, far enough to reach the Sun. The average new car costs $28,400. $1 trillion would buy more than 35 million cars."  Or, think of a dollar as a tick of your watch. A million seconds: eleven days. A billion seconds: 31 years. A trillion seconds: 310 centuries.  This is important because the Obama administration's 2009 budget deficit is slated to be $1.8 trillion - that's if all goes well. The IMF has recently doubled its estimate of banking sector losses to $2 trillion; many private economists peg the damage at $3 to $4 trillion.

 

-     Agora Financial, putting "a trillion" into perspective

 

"No wonder we are seeing a housing recovery and it's not just about the $8,000 tax credit for first-time buyers. How does the White House possibly allow this extra goodie to expire? The FHA is picking up where subprime lenders left off; the agency has seen its mortgage business jump 70% in the past year and its market share in just three years has gone from 3% to 23% - it is allowing borrowers to finance up to 96.5% of  homes priced all the way up to $729,750. Guess what, the default rate has risen to nearly 7% from 5.5% a year ago. And, it is taxpayers that are going to be picking up this tab...again! So, the policy formula here is that, after excessive leverage got us into this mess, is to encouraging even more debt and come to think about it, Cash-for-Clunkers did the exact same thing - enticing people who were probably quite content with their jalopy to take on more than $10 billion of new debt. Amazing, it's like giving another bottle of scotch to the drunken sailor, but hey - we can't have the economy weak going into a mid-term election year now, can we?"

 

-     David Rosenburg, Chief Strategist, Gluskin Sheff &

                                      Associates