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With the effects of the government tax credit fading, Commerce Department numbers show a 33% drop in sales of new single-family homes from 446,000 units in April to 300,000 annual rate in May 2010. The supply of homes for sale went up by 47% to 8.5 months in May from 5.8 months supply in Aprill 2010.

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Attorneys in al 50 states are investigating foreclosures. This will increase the uncertainty for banks in addition to other short term losses.

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The financial system for mortgages and the legal system are on a collision course say experts. The courts require due process, and one expert discounts reassurances from banks, because it does not go into how easily banks can prove ownership of the underlying mortgages. A legal expert at Georgetown University, sees a scenario in which the whole system comes to a halt, if instead of being lost, it is shown that mortgage documents were not properly transferred during each step of the securitization process. Much of the paperwork was rushed through in a mass production line during the recent wave of foreclosures, because the banks did not have the people and technology in place to deal with it- as pointed out in a Washington Post investigative report.

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Reilly says profits at Fannie Mae suggest the company is likely to pay back $90 billion of the $116.1 billion it borrowed from the government after being taken over by the government in 2008.

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Some economists expect growth in China's GDP to slow down to 5.8% for the 4th quarter. China's export driven growth model based on factories with plentiful hardworking young labor including young women, and plentiful foreign investment, Chinese investment from HongKong and Taiwan, and plentiful capital generated from China's high savings rate, and supply of land from local government officials eager to participate in the boom, is finally slowing down, after 3 decades since Deng launched China on this path. However this slowdown is happening drastically, and the whole model is coming apart. The first signs came earlier this year as the government initated a shift in policies after seeing the costs of runaway growth on the environment and in pollution of air and water, and in the wages of labor. Laws protecting labor rights and wages, and stricter pollution laws and enforcement for the first time in years that suggested the government was serious, pulled the bottom off of marginal export industries and companies. Only the larger better run companies were able to operate in this environment. About 67,000 factories closed in coastal regions in the first half of this year. See the link to this. Now that process is hit by the global credit crisis and the demand decline in 2008, and possible demand collapse in 2009 in US export markets if some things like the auto industry take a bad turn and unemployment jumps, all are hitting hard at China's export sector. This is in turn hitting investment as in Germany as companies pull back, and nervous consumers with losses in the stock market and seeing a decline in housing prices pull back on purchases resulting in inventories building up for different industries including the important auto industry. ...

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Judge Rakoff is interviewed by Adam Liptak as an essay by Rakoff appears in the December 22 issue of The New York Review of Books. Judge Rakoff is critical of the Justice Department for not prosecuting individuals responsible in the 2008-2009 financial crisis and merely offering excuses. He discounts the Justice Department argument that proving intent is difficult or that proving fraud is hard because of the sophisticated counterparties on both sides. He says assistant attorney general in the criminal division Bauer's assertion that you have to prove the individual involved made a false statement, intended to commit a crime, and that the other side depended on this for what they were doing, is misleading. The government is not required to prove that one party to a transaction relied on another party. On the difficulty to prove wilful criminal intent for individuals several layers above those who made and marketed the bad securities, Rakoff says the legal doctrine of wilfull blindness could have been used. Reflecting on why the Justice Department has not prosecuted individuals for wrongdoing the way Milken, Keating and Skilling were prosecuted in prior financial crises, Rakoff comes up with a explanation. He says the government's own role and the role of firms throughout the financial system is suspect in the 2008-2009 financial crisis unlike prior crises. Not only regulators are failing to to do their job. The financial system offers incentives for the packaging of bad debt securities. Fannie Mae has government backing and its management buys these securities to expand access to housing for low income people. The profits made on these securities brings U.S. and foreign banks into this business and leads to a proliferation of these securities around the globe to the point that small towns near the North Pole end up with these securities in their portfolio. This complicates things for prosecutors who in some situations have themselves worked for banks selling these securities. In its slow deliberative way the Obama administration, the Justice Department, and the S.E.C.'s new head, move to prosecute firms during the administration's second term, but not enough is done and tackling individual responsibility for deterring future wrongdoing in the interests of a safe and fair financial system seems a long way off....

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Janet Yellen, Fed chairwoman, says the financial system is safer now after the financial regulation, stress testing, living wills and other changes that the Federal Reserve has implemented. She says there is no need for a reduction in these key regulatory rules. One of the changes is that banks now use a safer mix of financing- equity financing has doubled for capital, and wholesale borrowing is cut in half, since the 2008 financial crisis that took the U.S. and with it the global financial system to the brink of disaster. The appointment of Randall Quarles to the Fed by the Trump administration was intended to  reduce regulation, and this is Yellen's response to such proposed ideas. 

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What is happening here appears to be that the whole American system of government as it operates today has some serious weaknesses, which if exposed in a critical situation- and with some life threatening situation for an industry group- can subvert the whole system and the economic life of the country. The serious weaknesses are the lobbying of Congress that is legal, and the financing of Congressmen and Senators election campaigns by industry groups which is legal. The life threatening situation for an industry group are the accounting rules and nuances that require that the banking and financial industry that holds these mortgage home loans, if they change one loan to lower payments in one geographic area, have to then show the lowered value of that loan in their books on all other loans of that type in that geographic area. Without this the banks and financial institutions were already or close to insolvent with losses of over $1 trillion. With that accounting change the industry losses would make large parts of the industry insolvent. This becomes incentive enough to fight loan modifications at all costs for the industry, and explains why Hope for Homeowners has generated only 25 loan modifications when it was advertised to generate 400,000. This creates a once in a lifetime or once in a hundred year chance of the whole system of democratic government working to destroy the economic life of the country. How? By providing a big enough reason for the banking and financial industry to fight loan modifications almost to the death, against even their better judgement when in late 2008 and January 2009 this would mean suicide for the economic life of the country, and the chance that they would both go down into the depths, the industry and the boat that is the American economy. This is what this story tells us, all key Congressmen and Senators were taken into their fold by the lobbying groups with large donations to their election funds, both Republican and Democrat, Shelby, Frank, Dodd, Durbin, and their aides. After Hope for Homeowners program failed, the new Hope Now program was again designed with the connivance of lawmakers in both parties by the banking industry representatives. It was designed so it would largely fail by not doing enough to keep homeowners in their homes. The industry faced with a life threatening situation did the wrong thing. Instead of saying lets get the government to help to change the accounting rule, and advocating that the government join the industry to share the losses and go out aggressively to restructure the loans in a three way loss sharing arrangement with homeowners, government and the industry, the industry instead decided to stick its head in the sand and let nobody do anything period. To do this it had to create the illusion that somehow the problem would fix itself with housing recovering on its own. In addition to the donations many Republicans like Preston, Secretary of HUD with oversight of FHA, and others in the Bush administration, may have had the mistaken notion that somehow the housing industry would recover without much help, that the economy was basically still healthy, that the crisis was not as bad as it appeared, that freemarket principles were still the best guide, and that toxic assets of banks and foreclosures were two entirely different things, with foreclosures for those who had borrowed recklessly not a bad thing....

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Th Obama administration's Home Affordable Modification Program, or HAMP, is designed to provide relief to homeowners facing foreclosure. HAMP has also prevented these homes -from the seven million home loans that are delinquent -from joining the overall inventory of homes, and depressing home prices further. Eighteen months after HAMP was introduced, it looks like HAMP has failed to help homeowners to the extent needed to revive housing. Of the 1.3 million modifications extended to homeowners, about half have been cancelled, and about one third or 422,000 homeowners have received permanent loan modifications. The results for July 2010 show that it is slowing down even more. The number of homeowners receiving modifications in July is growing at a much slower rate. 17,000 new trial modifications were started in July, 2010, but 5 times that number of loan modifications were cancelled. HAMP has reduced the montly payment through a lower interest rate and longer term, with the average borrower receiving a montly modification of $500. But even with lower payments and permanent modifications homeowners still have lots of debt. The median rato of total debt payments to pretax income is around 63.5%. And analysts estimate that 20% of borrowers with permanent modifications will re-default. The program had aroused huge expectations, hoping to help 3 million homeowners. Which is why Professor Kenneth Rosen, of the University of California, Berkeley, considers the results embarrassing for the Obama administration. Adding that the Obama administration should be ashamed of these results after all the hopes that were aroused for real help to homeowners. ...

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Hilsenrath gives an account of how U.S. Federal Reserve chairman Bernanke convinced his fellow governors to support QE III and achieved a rare consensus.

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Daniel Bell at Tsinghua University in Beijing, Andy Xie, economist in Shanghai, Zhang Habin, professor at Peking University, and Michael Meyer, author and hutong expert, talk about what issues are important. Bell says Obama mania is absent among the young in China, though they respect his intellectual abilities, and Chinese are not looking to the USA for ideals. They are looking to Chinese culture and characteristics, and democracy is seen in this light with emphasis on Chinese characteristics. This means the US has to engage at a deeper level with China. Treat China as an equal with something positive to offer, says Bell. Andy Xie is concerned about the US-China relationship, based as it is today on tenuous grounds, where what happens in Florida and California can have a significant and immediate effect on what happens in Guangdong. With 70% of the furniture sold in the US made in China, the effects are immediate when housing slumps. So he says the US lost 3 million jobs since the subprime crisis, and China lost 20 million jobs. And for the 5 million college graduates coming out in 2009, they will be adding to the 5 million college graduates from previous years who are seeking jobs. Ten million unemployed college graduates mean China is seeing whole new conditions as the backdrop of US-China relations. Habin says its important for the US to set an example in climate change and emissions of greenhouse gases. The US should sign an agreement with China with binding targets, make its technology available to China, and provide development aid to make this technology and other assistance accessible to China. Cooperation on this issue is vital to future relations says Habin. Meyer says the hutong, small enclaves of old Beijing with lanes and small homes, that the city officials call neighborhood slums, but actually have a sense of community and a vibrant life, are worth preserving. He questions the Walmart and Pepsi commercial culture, and questions building of the American car culture urban plan that generates pollution, lacks community feeling, and is not energy efficient. In fact he has a point here, because the US is shifting away from its own older urban planning design that encourages urban sprawl, as in California. The new Sacramento urban plan that is being adopted for the future in America has energy efficiency, more community and easy interaction, less urban sprawl in mind. See the link to this. But Meyer says Chinese planners insist on their right to make the same mistakes American urban planners made. And Meyer quotes the head of the first Chinese environmental NGO, who says, "if the Chinese want to live the American way of life we need 7 earths to support them". Which raises a disturbing question of the US postwar way of life with its large SUV's, urban sprawl, and less sense of community. Wouldn't the US have to join India and China in the worldwide scramble for resources to preserve this way of life? Just this week China signed $51 billion of deals for natural resources, see the link. And is the rapid decline of the SUV, just the first sign of changes that are taking place, with the economic changes in coming years leading to grappling with issues of better quality of life, smaller quantity of things, health and obesity and lifestyles, community, all coming to the fore. ...

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Some insights into the thinking of Robert Rubin from an interview by Ken Brown and David Enrich with the former Treasury Secretary in the Clinton administration about the 2008 financial crisis. As Justice John Paul Stevens. the longest serving Supreme Court justice on the bench once said, those who administer the judicial system form the backbone of the law. In a like manner those who administer the financial and economic system form its backbone, which is why Rubin faces some tough questions in this interview. At the time he was Treasury Secretary, the NYT magazine ran a story on Robert Rubin, as the kind of person who liked to put things down rationally on a note pad, and think things through on the basis of this rational analysis. This is how he approached the Mexican financial crisis of 1994 and the 1997 Asian financial crisis. Here is some of that note pad Rubin, in the context of CDO's and risk taking, with something gone awry. Risks that according to this NYT report Rubin encouraged at Citigroup in 2004 and 2005, on the basis of the idea that Citi's competitors were taking on more risk and making bigger profits. His note pad approach appears to have led to conclusions by Rubin that considering the additional profits that could be made by Citi by ramping up the risk taking in 2004 and 2005 and afterwards like its competitors, it could lead to losses if things went wrong, but these losses would'nt come close to wiping out the profits made during the good times. The cyclical downturn he expected to see in 2004 and 2005 when he is reported to have added his voice to others that the bank take on more risk, was a cyclical downturn of the type he had seen during the 1994 Mexican devaluation and the 1997 Asian financial crisis. He had no idea that it would be a cyclical undervaluing of risk added on to a housing bubble, and to a triple A ratings issuance that was misguided. Rubin says here that there was hardly anyone who saw that low-probability event as a possibility. Was the housing bubble a low probability event, and were the issuance of ratings by the credit ratings agencies compromised by the drive for more business a normal pattern, or would some digging up of facts and some innate skepticism of the prevailing current in favor of one's own instincts that something was overdone missed in the notepad analysis of a supposedly rational approach? Or was there a feeling that somehow the U.S. with its long tradition of technology, its work ethic and sophisticated financial system was somehow immune to something as severe as what the Asian countries were experiencing in 1997, or what happened in the 1930's. Asked about his view of what happened Rubin says that looking back there was an enormous amount that needs to be learned. Rubin is also in a quandary when he has to respond to the public concerns about excessive executive compensation. Rubin made $115 million in pay since 1999, excluding stock options, while under his purview as the highest ranking board member Citigroup let some of the problems that it faces now accumulate. As Citigroup faces $20 billion in losses in 2008, a bear raid on its stock by short sellers who ironically were able to do this because of some of the lax regulation set in motion in the Rubin Greenspan years leading to the suspension of the Uptick rule, and the $45 billion government bailout last week. Rubin may have helped Citi but in a different sort of way. He was able to persuade Treasury- Treasury Secretary Paulson was a fellow executive at former employer Goldman Sachs- through the days before the bailout, ensuring government help was on its way. Citigroup shares had dropped to $3.77 a share in the third week of November 2008, losing 50% of their value in one week, as the discussions took place. ...