by Calculated Risk on 10/13/2010 12:04:00 PM

From the JPM conference call this morning (ht Brian)

JPM: We've identified issues relating to the mortgage foreclosure affidavits and those include signers not having personally reviewed the underlying loan files but instead having relied upon the work of others. Those others, Chase employees, did conduct reviews of the underlying loan files. And there are circumstances where affidavits have not been properly notarized. So I want to just step back and have you understand what the nature of some of the information in this affidavit relates to. They obviously differ by jurisdiction but in general the types of content that we're attesting to includes the name of the borrower, property address, the date, whether or not the borrower was actually defaulted and if they've cured the default and the total amount of indebtedness. As a result of these actions, we're reviewing 115,000, plus or minus, loan files that are currently in the foreclosure process. And we'll do the following based on that review, either refile the affidavits where appropriate. As you know, we delayed our foreclosure sales and so to the extent we can, we'll reinitiate those when appropriate. And we're also in the process of putting additional processes in place to make sure on a go-forward basis we fulfill all the procedural requirements. ……And just to remind everyone, this is a very lengthy process and so from the initial default to the actual foreclosure sale, for our serviced mortgages, that's on average 14 months. Mortgages in the state of Florida for us, that process is 678 days, in New York it is 792 days, more than two years. And in most, if not all instances, over that period of time no principal or interest payments have been made on the mortgage. So I think we would like to conclude by saying is that we really believe the proper approach and response here is to go loan by loan, file by file, customer by customer, and if mistakes have been made then we need to address them individually which we absolutely will do.

Analyst: I was wondering if you could give us any sense for timing of resolution in terms of reopening these 115,000 cases?

JPM: It's going to take several weeks to go through the files and make sure and correct any errors that are in there. The underlying stuff is all accurate. So that's the key substance. Obviously we know there's a lot of state AGs and we have conversations with them. We're hoping [to get back to] the normal process -- for us, the sooner the better for everybody involved. We don't think there are cases with people have been evicted out of homes where they shouldn't have been. These foreclosures go through multiple process, so we're hoping it will be sooner rather than later and those conversations are starting to take place.

Analyst: And is it fair to assume that at least a fair portion of that litigation reserve that you added to is specifically for this topic within mortgage?

JPM: No, nothing in it for this topic. I think the way you should look at this topic is that we're bearing today $7 billion of charge-offs, foreclosure, repurchase costs, this is ex-reserves. That $7 billion will go up or down based upon the economy and stuff like this. I'm not sure stuff like this is going to dramatically change that number. It may extend it a little bit longer and stuff like that but -- and remember, we have in total, between the repurchased reserves and $11 billion, we have $14 billion of reserves for repurchases or loan losses. Look, the mortgage thing is -- we're halfway through all this. We think we should continue and get done and make sure we do the right thing for the consumers, the investors and the country.

Analyst: And the foreclosure stuff, outside of how it directly may impact you or somebody else, how do you look at the drag it may have on the housing market, kind of the macro impact, what do you think about that?

JPM: Again, I hope -- this is a hope. This is not a knowledge. Is that when people take a deep, sigh breath, go back to the right, look to the substance underlying the files and go back to modifying, foreclosing and doing the right thing, all told, it could be a blip. Talking about three or four weeks it will be a blip in the housing market. If it went on for a long period of time it will have a lot of consequences, most of which would be adverse on everybody.

Analyst: The foreclosure suspension, it's a matter of weeks instead of months, did I hear you say that?

JPM: No. I didn't say weeks to clean up the files. We actually have to have little in depth conversations with regulators and AGs and stuff like that. So I don't know exactly when. I'm hopeful that it all starts to move at one point. I don't know if it's going to be three weeks or five. But I think it will be a real shame if we don't get this resolved and moving again.

Analyst: In all likelihood you should be allowed to foreclose as we go into next year.

JPM: I hope so. It's not up to me.

by Calculated Risk on 10/13/2010 10:05:00 AM

Report the MBA reported on the increase in refinance activity:

The Refinance Index increased 21.0 percent from the previous week.
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“Refinance application volumes are now close to the highest level this year." [said Michael Fratantoni, MBA’s Vice President of Research and Economics].

Click on graph for larger image in new window.

This graph shows the MBA's refinance index (monthly average) and the the 30 year fixed rate mortgage interest rate and one year ARM rate, from the Freddie Mac Primary Mortgage Market Survey®.

As mortgage rates have fallen, there has been an increase in refinance activity. The peak this year was in late August, although the most recent week was close.

However the level of activity is still well below the previous refinance booms in 2009 or in 2002/2003. It takes lower and lower rates to get people to refi - and many borrowers have insufficient equity (or negative equity) or inadequate income to refi.

With 30 year mortgage rates more than 0.5% below the lows of 2009, we might see another surge in refinance activity (the average contract interest rate for 30-year fixed-rate mortgages last week was at 4.21% according to the MBA). According to the NY Fed's Brian Sack, lowering longer-term borrowing costs for many households is one of the key transmission mechanisms that the Fed is targeting with QE2.

by Calculated Risk on 10/13/2010 07:56:00 AM

The MBA reports: Mortgage Refinance Applications Jump as Rates Continue to Fall in Latest MBA Weekly Survey

The Refinance Index increased 21.0 percent from the previous week. The seasonally adjusted Purchase Index decreased 8.5 percent from one week earlier.
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“Refinance application volumes are now close to the highest level this year. Purchase activity remains generally weak" ... said [Michael Fratantoni, MBA’s Vice President of Research and Economics].

“Last week saw a big jump in applications for FHA loans to purchase homes. We surmised that this was due to potential buyers wanting to beat the stricter FHA standards that went into effect October 4th. This conjecture was confirmed by the fact that this week FHA applications fell back to a level closer to the average seen over the past four months, ”continued Fratantoni.
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The average contract interest rate for 30-year fixed-rate mortgages decreased to 4.21 percent from 4.25 percent, with points increasing to 1.02 from 1.00 (including the origination fee) for 80 percent loan-to-value (LTV) ratio loans. The 30-year contract rate is the lowest recorded in the survey, while the previous low was observed last week.

Click on graph for larger image in new window.

This graph shows the MBA Purchase Index and four week moving average since 1990.

The decrease in purchase activity this week appears to be related to the slight change in FHA standards.

Note that the 30 year contract rate is at another record low of 4.21%.

by Calculated Risk on 10/13/2010 12:00:00 AM

On Friday, Fed Chairman Ben Bernanke will speak at the Federal Reserve Bank of Boston Conference "Monetary Policy Objectives and Tools in a Low-Inflation Environment".

Jon Hilsenrath at the WSJ has a preview: Fed Chief Gets Set to Apply Lessons of Japan's History

Mr. Bernanke is preparing for a potentially important policy speech Friday, when he could detail his thinking on the Fed's next steps ... The conference is a reprise of a 1999 conference at which Mr. Bernanke and other academics took Japanese officials to task for failing to get their economy moving.

Here is the 1999 paper that Hilsenrath mentions: From Ben Bernanke (1999): Japanese Monetary Policy: A Case of Self-Induced Paralysis?* (via Professor Krugman: Self-induced Paralysis)

There is quite a bit about deflation and monetary policy in his 1999 paper, including arguing for a higher inflation target of 3% to 4%. Bernanke even made some "helicopter drop" comments before his well known speech in 2002: Deflation: Making Sure "It" Doesn't Happen Here

On Friday, Bernanke might discuss possible future steps the Fed could take in addition to buying longer-term Treasury securities.

by Calculated Risk on 10/12/2010 08:32:00 PM

From Eric Wolff at the North County Times: Agents flee real estate slump

The ranks of holders of the "sales person" license thinned by 18 percent since the peak, down to 327,341 active licenses in August.

The number of brokers, who have a larger investment in time and money into the business, also slumped, but by 3 percent to 148,373.

The drop in licensees whacked membership rolls at the California Association of Realtors by 20 percent, pushing their membership to 160,000.
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"When you go from one to three sales a month to one sale every three or six months, you can't make a living," said Susana Marquez, a San Diego real estate agent.

Not only are sales down, but so is the percentage commission, also from Eric Wolff: Real estate agents reducing commissions

by Calculated Risk on 10/12/2010 03:55:00 PM

CR Note: This is from housing economist Tom Lawler:

While as always results vary by area, on balance most local realtors/MLS are reporting significant YOY home sales declines for September sales. However, it’s important to remember that last September home sales were “goosed” a bit by the federal home buyer tax credit, which was set to expire at the end of November. Existing home sales ran at an estimated seasonally adjusted annual rate of 5.6 million last September, compared to 5.1 million in August 2009.

While I only have data on a relatively small part of the country, right now I estimate that existing home sales ran at a seasonally adjusted annual rate of about 4.50 million, up almost 9% from the August [2010] pace [of 4.13 million SAAR].

CR Note: This would put the months of supply around 10.3 months in September based on an estimate of 3.85 million for inventory.

Note: It is too soon for any impact on sales from "Foreclosure-Gate".

Existing home sales for September will be released on Monday October 25th at 10 AM ET.

by Calculated Risk on 10/12/2010 02:00:00 PM

From the Fed: Minutes of the Federal Open Market Committee

Staff Economic Outlook
In the economic forecast prepared for the September FOMC meeting, the staff lowered its projection for the increase in real economic activity over the second half of 2010. The staff also reduced slightly its forecast of growth next year but continued to anticipate a moderate strengthening of the expansion in 2011 as well as a further pickup in economic growth in 2012. The softer tone of incoming economic data suggested that the underlying level of demand was weaker than projected at the time of the August meeting. Moreover, the outlook for foreign economic activity also appeared a bit weaker. In the medium term, the recovery in economic activity was expected to receive support from accommodative monetary policy, further improvements in financial conditions, and greater household and business confidence. Over the forecast period, the increase in real GDP was projected to be sufficient to slowly reduce economic slack, although resource slack was anticipated to still remain elevated at the end of 2012.

Monetary policy:

Participants discussed the medium-term outlook for monetary policy and issues related to monetary policy implementation. Many participants noted that if economic growth remained too slow to make satisfactory progress toward reducing the unemployment rate or if inflation continued to come in below levels consistent with the FOMC's dual mandate, it would be appropriate to provide additional monetary policy accommodation. However, others thought that additional accommodation would be warranted only if the outlook worsened and the odds of deflation increased materially. Meeting participants discussed several possible approaches to providing additional accommodation but focused primarily on further purchases of longer-term Treasury securities and on possible steps to affect inflation expectations. Participants reviewed the likely benefits and costs associated with a program of purchasing additional longer-term assets--with some noting that the economic benefits could be small in current circumstances--as well as the best means to calibrate and implement such purchases. A number of participants commented on the important role of inflation expectations for monetary policy: With short-term nominal interest rates constrained by the zero bound, a decline in short-term inflation expectations increases short-term real interest rates (that is, the difference between nominal interest rates and expected inflation), thereby damping aggregate demand. Conversely, in such circumstances, an increase in inflation expectations lowers short-term real interest rates, stimulating the economy. Participants noted a number of possible strategies for affecting short-term inflation expectations, including providing more detailed information about the rates of inflation the Committee considered consistent with its dual mandate, targeting a path for the price level rather than the rate of inflation, and targeting a path for the level of nominal GDP. As a general matter, participants felt that any needed policy accommodation would be most effective if enacted within a framework that was clearly communicated to the public. The minutes of FOMC meetings were seen as an important channel for communicating participants' views about monetary policy.

That last sentence indicates that the FOMC views the minutes as an important communication tool - and the earlier sentences strongly suggest QE2 will arrive on Nov 3rd and will consist of purchases of longer-term Treasury securities.

This isn't anything new - but it is quite clear. And this was before the recent weak employment report.

by Calculated Risk on 10/12/2010 11:02:00 AM

By request, here are a few graphs based on the NFIB press release: Small Business Optimism Index Remains at Recessionary Level

Click on graph for larger image in new window.

The first graph shows the small business optimism index since 1986. Although the index increased slightly in September, it is still at recessionary level according to NFIB Chief Economist Bill Dunkelberg who said: "The downturn may be officially over, but small business owners have for the most part seen no evidence of it."

The second graph shows the net hiring plans over the next three months.

Hiring plans have turned negative again. According to NFIB: "Over the next three months, eight percent plan to increase employment (unchanged), and 16 percent plan to reduce their workforce (up three points), yielding a seasonally adjusted net negative three percent of owners planning to create new jobs, down four points from August."

And the third graph shows the percent of small businesses saying "poor sales" is their biggest problem.

Usually small business owners complain about taxes and regulations (that usually means business is good!), but now their self reported biggest problem is lack of demand.

by Calculated Risk on 10/12/2010 08:03:00 AM

From NFIB: Small Business Confidence inches up

The Index of Small Business Optimism gained 0.2 points in September, rising to 89.0. The increase is certainly not a significant move, but at least it did not fall. Still, the Index remains in recession territory. The downturn may be officially over, but small business owners have for the most part seen no evidence of it.

On employment:

Eleven (11) percent (seasonally adjusted) reported unfilled job openings, unchanged from August and historically very weak. Over the next three months, eight percent plan to increase employment (unchanged), and 16 percent plan to reduce their workforce (up three points), yielding a seasonally adjusted net negative three percent of owners planning to create new jobs, down four points from August, The decline in hiring plans is an unexpected reversal in job creation prospects. Hiring plans continue to underperform the recoveries following previous recessions.

On capital spending:

The environment for capital spending is not good. ... A net negative three percent expect business conditions to improve over the next six months, a five point improvement from August, but still more owners expect the economy to weaken than strengthen.

Note: Small businesses have a larger percentage of real estate and retail related companies than the overall economy.

And the key problem: Poor sales.

by Calculated Risk on 10/11/2010 09:25:00 PM

Tim Duy is deeply concerned: The Final End of Bretton Woods 2?

The inability of global leaders to address global current account imbalances now truly threatens global financial stability. Perhaps this was inevitable - the dollar has not depreciated to a degree commensurate with the financial crisis. Moreover, as the global economy stabilized the old imbalances made a comeback, sucking stimulus from the US economy and leaving US labor markets crippled. The latter prompts the US Federal Reserve to initiate a policy stance that will undoubtedly resonate throughout the globe. As a result we could now be standing witness to the final end of Bretton Woods 2. And a bloody end it may be.
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Put simply, the Federal Reserve is positioned to declare war on Bretton Woods 2. November 3, 2010. Mark it on your calendars.
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Consider the enormity of the situation at hand. The Federal Reserve is poised to crank up the printing press for the sake of satisfying their domestic mandate. One mechanism, perhaps the only mechanism, by which we can expect meaningful, sustained reversal from the current set of imbalances is via a significant depreciation of the dollar. The rest of the world appears prepared to fight the Fed because they know no other path.
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Bottom Line: The time may finally be at hand when the imbalances created by Bretton Woods 2 now tear the system asunder. The collapse is coming via an unexpected channel; rather than originating from abroad, the shock that sets it in motion comes from the inside, a blast of stimulus from the US Federal Reserve. And at the moment, the collapse looks likely to turn disorderly quickly. If the Federal Reserve is committed to quantitative easing, there is no way for the rest of the world to stop to flow of dollars that is already emanating from the US. Yet much of the world does not want to accept the inevitable, and there appears to be no agreement on what comes next. Call me pessimistic, but right now I don't see how this situation gets anything but more ugly

There is much more in the piece.

Back in 2005, I discussed Bretton Woods 2 with Brad Setser (Duy excerpts from one of Brad's pieces). I suggested that the housing bubble would collapse, reducing the U.S. demand for overseas goods and that would bring an end to Bretton Woods 2 - and that led me to predict that the trade deficit would decline in 2007 (a very lonely position!). However I didn't expect the imbalances to return so quickly, and that is very concerning. And I hope Tim Duy is wrong about how it ends.