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Bad Bank? Big Question Marks!

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Creating a "bad"/aggregator bank organized by the government to hoover up the bad assets from bank balance sheets sounds like it could be an excellent step toward restoring confidence in the financial system and freeing up credit.

Unfortunately, where the rubber meets the road, there is a rather fiendish question that needs to be ironed out - price. 

The answer is in the price, my dear Watson
Transfer the assets to the government bank at too low a price and it could spark another round of bank losses and produce insolvencies. Too high a price, and the operation amounts to a transfer of wealth from taxpayers to financial institutions.

The intuitive answer is that assets should be transferred at fair value. That might get full credit in an academic setting, but if the fair value for these assets was known and widely accepted, we wouldn’t be facing a crisis of this magnitude. The market for these assets only provides scant clues -- it’s highly illiquid.

A banker’s proposal
Deutsche Bank (NYSE: DB  ) has offered up an interesting proposal that bypasses the need to set a price up front for toxic assets: Banks could segregate their good assets (not just financial assets, but essentially all of their going-concern activities) into separately capitalized subsidiaries that would then be spun off.

All that would remain at the original holding company would be the units holding the bad assets -- some of which would be insolvent. The government would acquire the holding companies and liquidate them over time.

That still leaves open questions regarding whether such a plan is voluntary and who will participate. The government has already implemented loss guarantees on over $400 billion in assets with Citigroup (NYSE: C  ) and Bank of America (NYSE: BAC  ) . Wells Fargo (NYSE: WFC  ) recently stated it doesn’t need further TARP assistance, and JPMorgan Chase (NYSE: JPM  ) looks to be on a relatively sound footing.

Beyond these elephants ...
... the government should focus on redressing or shuttering ailing regional and local lenders. I’m not a fan of state intervention, but we need a catalyst to deal with a banking sector that has pockets of insolvency. In January, bank failures accelerated to the fastest pace since the start of the crisis, but at only 6 in 2009 and 27 since Indy Mac kicked off, we are far from the number required to "clear the system."

We don’t want to go through the next few years with "zombie" banks, the way the Japanese did in the 1990s, and I think we want to avoid bank nationalizations on the scale of the U.K. with Royal Bank of Scotland (NYSE: RBS  ) and Lloyds (NYSE: LYG  ) -- if we can. Perhaps a government-led bad bank is the least offensive solution to a rotten problem.

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Prudent by nature, Motley Fool Inside Value gave banks a wide berth in 2008. However, there are numerous sectors in which the bear market could spell opportunity in 2009 and beyond. Lower equity prices mean better future returns for those who have the conviction to invest in straightforward, outstanding businesses now. The team at Inside Value can help you find those businesses. To find out their latest picks now, sign up for a 30-day free trial.

Fool contributor Alex Dumortier, CFA, has a beneficial interest in Wells Fargo, but not in any of the other companies mentioned in this article. JPMorgan Chase is a Motley Fool Income Investor pick. Lloyds Banking Group is a Motley Fool Inside Value recommendation. Bank of America is a former Motley Fool Income Investor pick. Try any of our Foolish newsletters today, free for 30 days. The Motley Fool has a disclosure policy.


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  • Report this Comment On February 02, 2009, at 3:00 PM, ProfSBornstein wrote:

    The Bad Bank and the 2 Ton Elephant in the Room

    Under the "Bad Bank" scenario, the taxpayers will own these “Troubled Assets” which are comprised of "Toxic" mortgages.

    In effect, the Government will be bearing the loss on these “toxic” mortgages. The growing concern is that these losses will continue to materialize as defaults increase with the projected 8 million foreclosures expected over the next four years. It seems that the key to this crisis IS THE BORROWER!

    The underlying “troubled assets” are the “toxic” mortgages such as Alt-A, Option ARMs, Interest-Only, etc. that are interwoven into the Mortgage Backed Securities, Collateral Debt Obligations, and other derivative investments that are leveraged into investments valued in the trillions of dollars worldwide.

    Since the valuation of these “toxic” assets depends on the Borrower’s ability to make the monthly mortgage payments, the key to a solution of this Economic Crisis is the Borrower!

    Everyone is ignoring the “2 Ton Elephant in the Room”. Many agree that the contributing factor to most of our problems is the consumer's lack of financial understanding. He is like a "Boat without a Paddle" when it comes to managing money and making money choices. Everyone is betting that the Borrower will default and foreclosures will follow. The high rate of foreclosure should have been expected because the Borrower has no concept of managing money.

    It can be argued that the Borrower’s lack of knowledge in financial management was the primary cause of the Subprime Mortgage Crisis which precipitated the Credit Crunch and our current economic woes.

    The US has tried foreclosure moratoriums, loan modifications, bailouts, in the belief that these initiatives will save the Borrowers. The fact is that these measures have failed and are not working! These measures are only postponing the inevitable defaults. The evidence is that Re-default is occurring anyway at a rate of 60% within 6-8 months.

    Let's finally address the real issue which requires developing a program of "Immediate and Specific Financial Guidance" to help the Borrower understand how to manage his financial affairs.

    The Borrower is in desperate need of "Financial Guidance" in this complex economic environment that requires "informed" financial decision-making. The Subprime Mortgage Crisis, out-of-control consumer spending and credit card usage, and the spike in foreclosures and bankruptcies provide evidence of that fact. Loan modification or "Bailout" will not work. Even after loan modification, the re-default rate was 60% within 6 months!

    The solution is a program of Immediate and Specific Financial Guidance that will help the Borrower "naturally" be able to make the monthly mortgage payment, without "bailout" or extensive loan modifications which have proven to be a failure. This program is NOT the so-called Financial Literacy initiative that simply disseminates "information", but rather it is a program that will help the Borrower "understand" how to manage money and avoid the pitfalls that have previously caused financial

    distress.

    Borrowers, both small business and individual, require Immediate and Specific Financial Guidance in order to avoid default and foreclosure. As the Borrower is successfully guided to avoid default, the financial and housing markets will respond favorably. The result will be a reversal of the downward trend in the valuation of the “troubled assets”.

    If we are successful, we can turn this crisis “all around” and stimulate the economy “naturally” rather than by “bailout” which does not guarantee success.

    As part of the Bad Bank solution, the Government can mitigate the losses on these “Troubled Assets” by providing a program of “Immediate and Specific Financial Guidance” which will help guide the Borrower to avoid default and make the monthly mortgage payments.

    Instead of the expected losses, the government will benefit from the unexpected gains that will result as these investments grow in value.

    Samuel D. Bornstein

    Professor of Accounting & Taxation

    Kean University, School of Business, Union, NJ

    Tel: (732) 493 - 4799

    Email: bornsteinsong@aol.com

  • Report this Comment On February 02, 2009, at 8:43 PM, jim7holton wrote:

    Excellent presentation by Professor Borstein. I assume he read the Op-Editorial Good Bank, Bad Bank in Sunday's NY TIMES Week in Review Feb. 1.

    The author suggested the Bad Bank for each of the four behemoths select the obligations to match the toxic assets value on the books as of the end of last year to keep a balance for the government with no actual dollars invested. As a small investor I hope this approach will be considered by the Obama Administration to get our banks loaning money again without all these bad assets.

    jim7holton on my 75th birthday.

  • Report this Comment On February 03, 2009, at 1:34 AM, CathrynMataga wrote:

    Is this even the end of it? What about those some-odd trillion derivative contracts. Will we need a 'bad derivative' bank then also?

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