Monday, May 5, 2008

Fixing the Housing Crisis by Fixing the System

The housing finance system, while still functioning, is in a crisis state. Interest rate risk premiums -- the rate increment on mortgages classified as riskier -- are two to four times as large as they were two years ago. Day-to-day rate volatility, which can cause havoc in the relationships between borrowers and loan providers, is larger than I have ever seen it.

Underwriting requirements -- the conditions that lenders require to approve a loan -- have tightened across the board. Loans without a down payment, and loans allowing borrowers to "state" what their income is rather than document it, are pretty much gone. Loans are taking longer to get approved, and sometimes lenders change the rules in midstream.

Recently I heard from a borrower who was scheduled to close on a home purchase in four days, with a mortgage approved by one of the largest lenders in the country. She had just been notified by the lender that her down payment had to be increased from 5 percent to 10 percent.

The reason for the bank's action is instructive. The area in which the property is located was reclassified as one with high potential for property-value decline. And the reclassification was based on a high and rising level of foreclosures in the area. Foreclosures lead to distress sales and downward pressure on prices.

A 180-Degree Change

This is a 180-degree change from two years ago. At that time the prevailing assumption was that rising house prices would generate equity on loans that were originally made with no down payment. Now the concern is that falling prices will wipe out the equity on loans made with down payments that are too small.

For example, if a $200,000 house is purchased with a $200,000 loan and the house appreciates at 5 percent a year, after two years it would be worth $220,500. The borrower in this case begins with zero equity, but the passage of time generates equity of $20,500. (I am ignoring the small change in the loan balance that occurs over the first two years.) If the same house is purchased for $200,000 with 5 percent down and the house value declines 5 percent a year, the borrower begins with $10,000 of equity, but the passage of time reduces it to negative $9,500.

A swing from a prevailing expectation that house prices will rise to an expectation that they will fall causes a major tightening of underwriting requirements. Indeed, the only reason the tightening has not been even larger is that the house price declines expected are temporary. The prevailing view is that they will last only until we get out from under the foreclosure crunch.

This places the foreclosure problem front and center as the critical policy issue. Most of the emphasis has been on the human toll from having families forced out of their homes, which is understandable. But reducing the number of foreclosures also is the key to reestablishing a well-functioning mortgage market going forward.

Finding a Solution

The Bush administration and Congress are trying to find a solution, but none of the proposals swirling around Washington have identified the source of the problem. The core problem is the way the mortgage industry manages default risk.

There are two systems for managing default risk. The first and, unfortunately, the larger of the two is to charge borrowers a risk premium in the interest rate. The risk premium is a rate increment above that charged on a "prime" transaction, which carries the lowest risk. The weakness of the risk premium system is that, with a few exceptions, risk premium dollars not needed to cover current losses are realized as income by investors. They are not available to meet future losses. So risk premiums collected in 2002 that were not needed to cover losses in 2002 became investor income and are not available to cover losses in 2008.

The other system is mortgage insurance, and it has worked well. Borrowers are required to purchase mortgage insurance if their down payment on a home purchase, or their equity in a refinance, is less than 20 percent. The mortgage insurance companies place more than half of every premium dollar they collect from borrowers in reserve accounts. The reserves that accumulate during long periods when losses are small are available when a foreclosure crunch comes -- such as now.

If a significant part of all charges for default risk were placed in reserves, then the system would be much less vulnerable to a major default episode. Future articles will explain how to do this, as well as why, among other benefits, it would provide a way to reduce foreclosures now.

by Jack M. Guttentag

Yahoo CEO Jerry Yang on hot seat after rebuffing Microsoft's $47.5B takeover bid

Yahoo Inc. Chief Executive Jerry Yang has gotten what he wanted: a chance to prove his company is worth more than the $47.5 billion that Microsoft Corp. offered to buy the Internet pioneer.

It will be a daunting challenge, as Yang will be pointedly reminded Monday when investors are expected to show how little they think of Yahoo without a takeover bid on the table. Faced with resistance from Yang and the rest of Yahoo's board, Microsoft withdrew its offer over the weekend.

Many analysts believe Yahoo's stock price, which had climbed nearly 50 percent since Microsoft's initial offer, will surrender most, if not all, of that gain, leaving the Sunnyvale-based company's market value around $30 billion.

Disillusioned shareholders are bound to question whether the rejection of Microsoft's sweetened $33-per-share offer was driven more by emotion and ego than sound business sense.

"Clearly there's frustration," said Darren Chervitz, co-manager of the Jacob Internet Fund, which owns Yahoo stock. "I am not even sure if Yahoo cares about its shareholders because they didn't show much regard for shareholders' best interests in this process."

Despite such negative sentiment, Yahoo shares are unlikely to immediately fall back to their $19.18 pre-bid price, partly because some investors may still be holding out hope that the software maker will renew its takeover attempt if Yahoo continues to struggle.

Yahoo shares finished last week at $28.67, slightly below the $29.40 per share that Microsoft was offering before Chief Executive Steve Ballmer agreed to raise the offer to $33 per share in a last-ditch effort to get a deal done.

Accompanied by fellow Yahoo co-founder David Filo, Yang flew to Seattle Saturday to inform Ballmer that the company wouldn't sell for less than $37 per share -- a price that Yahoo's stock hasn't reached since January 2006.

Analysts and investors were left to wonder why the two sides couldn't compromise at $35 per share.

"They really didn't seem that far apart," Chervitz said. "There is probably blame to go around on both sides, but I think most of it is in Yang's hands."

Monday's anticipated shareholder backlash will put Yang on the hot seat as he tries to execute on a turnaround plan that he began drawing up nearly a year ago after he replaced Terry Semel as CEO amid shareholder angst about the company's financial malaise.

"This squarely puts the pressure on Jerry Yang to deliver results and shareholder value," Standard & Poor's equity analyst Scott Kessler said. "You are going to see a lot of shareholders just throwing in the towel because they are going to realize it's going to take awhile for the stock to get back to where it was Friday."

Ballmer also will be under the gun to prove he can come up with another way to challenge Google Inc.'s dominance of the Internet's lucrative search and advertising markets.

The unsolicited bid was widely seen as Ballmer's admission that Microsoft needed Yahoo's help to upgrade its unprofitable Internet division.

Analysts now expect Ballmer to use the money he had earmarked for the Yahoo acquisition to explore other possible deals with large Internet companies like Time Warner Inc.'s AOL and News Corp.'s MySpace and promising startups like Facebook Inc. and LinkedIn Corp. Microsoft already owns a 1.6 percent in Facebook, the second-largest social network behind MySpace.

But Ballmer is unlikely to be under as much duress as Yang because most analysts believe Microsoft's stock price will rise Monday. The shares had declined 10 percent to $29.24 since Ballmer made the bid, reflecting concerns that the proposed marriage would turn into a complicated mess that would enable Google to grow even stronger.

Yang, 39, has promised that Yahoo's development of a more sophisticated and far-flung Internet advertising platform will produce net revenue growth of at least 25 percent in 2009 and 2010. That would be a dramatic improvement, considering that Yahoo's revenue rose by 12 percent last year and is expected to grow at about the same pace this year.

But analysts are skeptical about whether Yahoo will be able to hit those targets, raising the chances for a shareholder rebellion if the company stumbles during the next few months -- a distinct possibility if advertisers curtail spending in a shaky U.S. economy, as many analysts fear.

As it is, Yang and the rest of Yahoo's board almost certainly will face more lawsuits from incensed shareholders.

Even some of Yahoo's own employees may be irritated because virtually all of them own stock options.

What's more, Microsoft had planned to offer $1.5 billion in retention packages to the thousands of Yahoo employees it wanted to stay on after a takeover.

To help boost its short-term profits and its stock price, Yahoo is widely expected to form a long-term advertising partnership with Google.

Although the final details are still being ironed out, Yahoo wants to hire Google to place some of the text-based ads that appear alongside the search results on its Web site. It's a task that Google already handles for scores of Web sites, including AOL and Ask.com.

Both Yahoo and Google have said they were encouraged with the results of a two-week trial run completed last month.

But turning to Google for help would be a humbling step for Yahoo after spending more than $2 billion to acquire and build its own technology.

An alliance between Google and Yahoo also would face antitrust hurdles because the two companies combined control more than 80 percent of the U.S. search advertising market.

Although Google's superior technology would help boost Yahoo's profits in the short term, some analysts worry it could be a mistake for Yahoo to surrender any control over such a lucrative piece of the online ad market.

Yahoo also has been exploring a possible merger with AOL's Internet operations, but may now have to contend with a competing offer from Microsoft.

Yahoo also might attempt to placate shareholders by buying back stock.

Kessler believes Yang should use some of his estimated $1.9 billion fortune to personally buy more Yahoo stock even though he already owns 54.1 million shares, or 3.9 percent of the company.

"Jerry Yang really needs to put his money where his mouth is," Kessler said. "If he really thinks Yahoo is worth $37 (per share), then he needs to step up and buy some shares when they are in the low $20."