Friday, September 26, 2008

Just to rub salt into the wounds

Here is the FDIC press release.  

The prefs along with common and most of the debt was wiped out.

J

To my many readers who disagreed with me - thanks.

It remains non-obvious why this was precipitated NOW - though there was always a possibility of an FDIC takeover.  We will find out in due course.


Stuffed that one up

FDIC confiscates WaMu.

Now we find out what WaMu has not been telling us.


It had (a) enough liquidity for next year (or so it said), and (b) some capital left.

I lost.  It was a moderate position - but it hurts.

J

WM preferred versus common

Washington Mutual Pref is wildly mispriced compared to the common. 

The common is behaving badly - but as if survival is a small possibility.  The common is down 24 percent but is still $1.70 giving it a market cap of 3 billion.

The preferred (K class) is down 28 percent and has a price of $1.64 - a price which compares highly unfavourably to my first purchase at about $6.

There are a few outcomes here:

(a).  The FDIC takes over.  In this case both the common and preferred is worth zero.  If I were looking at the common price I would think that was say 50 percent likely.  If I were looking at the preferred price I would say it is more than 90 percent likely.   My own analysis suggested that this was less than 30% likely when I purchased - but the market tells me I am wrong.  And the walk-out by Santander today is highly discouraging as Santander is often the buyer of last resort.

(b).  A solvent bank like JPM buys it for under the current price.  In this case the pref should be worth close to par - being an instrument of JPM.  The common will lose money.

(c).  There is an auction and the bank is purchased at a premium.  The market is telling me this is very unlikely - but the common will rise a little bit (say to $3) and the pref will rise a lot (to near par).

(d).  The bank muddles through - possibly with the help of the TARP - but it is hard to see how the common ever gets back to 25 (especially if they have to give warrants under the TARP), but the pref winds up fairly good.

(e).  They fail instantly and hand themselves to the FDIC - which has the same outcome as (a).

In every one of these circumstances the pref is a at least as good an investment as the common - althought they might both be awful.  So far they have both been awful - but I only own the pref.

This sort of mispricing wouldn't exist if it was really easy to short the common.  But for the moment anyone who owns the common should sell it and buy the pref.

I am holding my prefs to the bitter end - and the end may be bitter.  We find out this weekend.





John

The Motley Fool puts me in my place!

I don't own any WaMu common.  I do own the pref - and there is a reasonable chance that will be wiped out.  

The Motley Fool knows what it thinks of me:

The truth is, no one really knows what the future of WaMu will be, only that it'll likely be decided within the month. If you're into big-stakes gambling, WaMu's for you. If you have a sliver of financial responsibility in you, enjoy this show from the sidelines.

Washington mutual takeover news

This sucks.  I have a highly speculative bet on Washington Mutual preferred.  It runs that I think a takeover is more than 30% likely.  It may be a takeover at 50c a share - which would be awful for the common shareholder.

But I thought it pretty likely.  If you asked me I would have thought 70% likely.  The only problem being that the potential buyers have fires of their own to put out.

Anyway a buy-out by (say) Citi or JPM is not a great end for the common shareholders - but would be wonderful for the preference shareholders.

Nightmare for the preference shareholders is an FDIC takeover which would wipe the prefs as well as the common.

This is of course a wild ass speculative bet.  

But here is a possibility that I hadn't thought of - which is a deal involving private equity consortiums.  That would not be as good as being a pref shareholder in (say) Citi.  I am not sure how legal this would be but these are desperate times - and something could happen.

I suspect the pref would be worth something in this scenario - but I would much prefer the company stick around to take advantage of the Paulson plan.  

I am a little afraid here - this deal is becoming problematic.  The news that Santander - often the dumbest bank on the block - has pulled out - is not good.

J

Washington Mutual bank explores takeover possibilities: report

NEW YORK (AFP) — The troubled US bank Washington Mutual has approached certain private equity firms as possible candidates to take it over, the Wall Street Journal reported on Thursday.

The private investment groups approached include Carlyle Group and Blackstone Group, which may team up with Texas billionaire Gerald Ford, the daily said, citing sources familiar with the matter.

Questions have arisen over Washington Mutual's future since last week's dramatic collapse of investment giant Lehman Brothers and the government rescue of insurance group AIG.

Washington Mutual's shares have lost 80 percent of their value since the beginning of 2008. On Wednesday the ratings agencies Standard & Poor's and Fitch lowered their ratings of the bank's holding company.

Press reports have mentioned JP Morgan Chase, Citigroup and Wells Fargo as other banking groups possibly interested in taking over Washington Mutual. The Wall Street Journal said Santander of Spain had dropped out of the running.

Wednesday, September 24, 2008

Jeff Matthews on Buffett and Paulson

Jeff Matthews has nailed the essence of the Paulson plan and the Buffett buy in Goldman Sachs in one sentence:
More seriously, we wonder this: how is it that Warren Buffett can cut a better deal with the best-run financial company in America than the U.S. Treasury can ask from the worst-run financial companies in America?
And that is right.  Buffett took preference shares and upside.  Paulson does not plan to.  
I would rather own Berkshire than be an American taxpayer.
Oh, I do own Berkshire - and I am not an American taxpayer.
And that is the sweetness in living in Bronte, Australia.
John Hempton

Comment deletion policy

I have started getting a wave of comments promoting commercial services in debt consolidation, mortgage workout and the like.

I delete these.

I accidentally deleted a useful comment on the oil short-squeeze - but that was because it was bracketed by spam.  To the author - I am sorry.

I have also received a wave of comments accusing all short-sellers of being criminals.  I know that view is out there.  But it is hardly constructive to repeat it here.  So I deleted them (at least in part because of the aggressiveness of the commentary).  However in fairness in keeping with this blogs policy of encouraging open comment I will at least tell you that the argument covers the full gamut of arguments against short-sellers and you can find them at the Sanity Check and other "anti-short-selling" websites.

My experience is that most people that argue against short sellers are in fact fraudsters - and they don't like that shortsellers profit from the falls in their stock.  But I will listen to other arguments.

The FDIC and WaMu

I have noted that the FDIC seems to take a lot to take over a bank.  It took 42% non performing loans (versus about 4% and WaMu) for the FDIC to take over Ameribank. 

Against that Ameribank had slightly more deposits than loans and so liquidity was not a huge issue.

WaMu’s book is MUCH better than Ameribank – but unfortunately WaMu has much more deposits than loans and hence liquidity is and issue. 

Pretty well my entire email inbox says I am mad buying the preferred of WaMu.  I may well be. 

And here I would love a little birdie to tell me what the FDIC is thinking.  And all I can rely on is my friends from the fourth estate. 

So we go to a little article on WaMu and the FDIC.  This is in that wonderful little journal called “The Deal”, and is really the unsubstantiated gossip from investment bankers who are working on WaMu deals – or people who know investment bankers who are working on WaMu deals.  You can bet that every “source” is talking their book meaning they are trying to lobby government officials, WaMu officials, other investors or whatever to act in a way favourable to themselves.

The sale of troubled thrift Washington Mutual Inc. looks set to come to a head this weekend, according to sources. One source said WaMu could choose a buyer by Thursday, Sept. 25, and announce a deal this weekend.

There are so many sources that say that potential buyers are scouring the books that it’s got to be true.  Things are corroborated by five sources so they are right.  The “choose by Thursday announce this weekend” is insane.  If you chose you announce – and all deals are done on the weekend.  So “one source” in the second sentence is either junior and stupid or being misquoted.  My guess is misquoted.  This sources however doesn’t stick around and the next paragraph quotes another source.

However, another source said the Federal Deposit Insurance Corp. is working in parallel to structure a deal that may allow any buyer to acquire the company without taking on WaMu's toxic portfolio of mortgage securities.

The FDIC would almost certainly be thinking about how they deal with WaMu.  The deal that buys the bank without taking on the mortgage book is called an FDIC takeover.   It is precisely what happened with several deals where the deposit book was sold.  I would lose badly.  However I have never known the FDIC to shop a bank without taking it over first.  There is plenty of evidence that they do these things quickly and on the weekend – surreptitiously coming into town and even booking hotel rooms for their officers in false names.  Besides we know for certain the FDIC is looking because WaMu announced it. 

A WaMu representative declined to comment, but a source close to the situation said that there has been no indication by the FDIC of its intentions.

The FDIC does not show its intentions other than asking for information and business plans from the bank in question.  This source is almost certainly right. 

"If they're running a parallel track, they're doing it without telling the bank," the source said, noting that WaMu's managers do not feel they are operating under a government-imposed deadline to complete a deal. This source added that an auction for the company has been ongoing for five days, and bids have been coming in from multiple parties. The government, the source added, has been watching closely.

Well this has got to be the nub of it.  There is unambiguously an auction.  The bidders have been saying to the government “you guarantee this and we will buy it”.  The FDIC would then (of course) be “watching closely” but would not signal its intentions.  Signalling its intentions would be tantamount to giving government money away – and only Paulson seems to feel entitled to do that. 

"There's no doubt the government is very interested in what happens to WaMu," the source said. An FDIC representative declined to comment, citing agency policy to avoid comment on "open and operating institutions."

Well there is no doubt the FDIC is interested.  WaMu have even confirmed on 8 September when they said:

WaMu also announced that it has entered into a Memorandum of Understanding (MOU) with the Office of Thrift Supervision (OTS) concerning aspects of the bank's operations, principally in several areas of its risk management and compliance functions, including its Bank Secrecy Act compliance program. In addition, WaMu has committed to provide the OTS an updated, multi-year business plan and forecast for its earnings, asset quality, capital and business segment performance. The business plan will not require the company to raise capital, increase liquidity or make changes to the products and services it provides to customers.

Anyway back to the article – I think we can safely conclude that the FDIC is watching, not acting and not signalling its intention.  We can also safely conclude that the FDIC is not insisting that a deal be done this weekend – but would very much relieved if Warren Buffett were to pony up a spare $15 billion.  That is not going to happen – but the deal if it happens this weekend will be a winner for WaMu preferreds because it will NOT involve an FDIC takeover. 

Another sell-side source called the situation fluid, and said the FDIC is not communicating with WaMu or its advisers, which include Goldman, Sachs & Co., Morgan Stanley, and law firm Simpson Thacher & Bartlett LLP. Possible bidders reportedly include Banco Santander SA, Citigroup Inc., J.P. Morgan Chase & Co., Toronto-Dominion Bank and Wells Fargo & Co.

This just confirms what I think is obvious now – which is that the FDIC is not forcing this process – but wants to keep informed.  It is not communicating with WaMu or its advisors – which means that we are not going to get a FORCED sale this weekend.  But the FDIC would love to see a sale. 

A source close to the company said the FDIC is looking at the possibility of selling a stake in the company with an option to buy it later. That could not be confirmed independently.

Well of course they would be looking at this.  They would happily settle for a deal which says “hey you solvent bank, you chip in $5 billion and you have the option to buy the whole thing within twelve months”.  This of course gives WaMu $5 billion now – and that improves the FDIC position.  It also improves the position of the preference shares.  It does NOT improve the position of the common – but then since when has it been the FDIC’s responsibility to care for common shareholders?

Seattle-based WaMu, weighed down by toxic mortgage loans, has been under pressure from federal regulators to raise capital or find a buyer to restore confidence in the bank.

Journalists puzzle me.  I think we got to the point where the Journo clearly believes his source who says that the FDIC has NOT been in contact with WaMu or its advisors.  But he is also saying that they are under pressure from Federal Regulators.  How can they be pressuring you if they are not contacting you?

I don’t doubt the FDIC would like to see things done – and is clearly in touch with business plans – but the Journalist’s sources here are pretty clear – they say the company is for sale and that the FDIC are not day-to-day forcing the process but they are listening to bids which are requesting an FDIC back-stop. 

Concerns about its book of residential mortgages has pushed WaMu's stock to single digits. On Tuesday, it traded at $3.40 a share, down some 92% from $33.54 a share one year ago.

Tell us something that we didn’t know.  But then the stock price does the analysis all the time in this business. 

WaMu this month replaced longtime CEO Kerry Killinger with Alan Fishman, former president and chief operating officer of Philadelphia-based Sovereign Bancorp. WaMu is the country's largest mortgage lender and, although any buyer would benefit from its 2,300 branches and $143 billion in deposits, there are concerns about an expected $19 billion in mortgage losses over the next 2-1/2 years.

Well this journalist does not do numbers.  If losses are “only” 19 billion in the next two and a half years WaMu doesn’t cause anyone any problems.  WaMu as I have pointed out many times has 8 billion in pre-tax, pre-provision earnings.  19 billion gets neatly absorbed over two and a half years and the capital ratios at the end of the period don’t even look stretched.  The problem with WaMu is not 19 billion in losses.  It’s the possibility of 30 or even 40 billion in losses.

But most of all I am sure that the Journo knows nothing when he makes statements like ”WaMu is the nation’s largest mortgage lender”.  I am not sure that there ever was a time that was true.  Certainly most the time the biggest lenders were Fannie and Freddie in that order, and the biggest originator was Countrywide. 

The data for WaMu now is that it has almost stopped originating for its own book.  In the first quarter of 06 it originated $51 billion total – and less than half was GSE conforming loans.  In the second quarter of 08 it originated only $9 billion – and three quarters of this was conforming loans.  For all reasonable purposes Washington Mutual has ceased to be a mortgage lender and most certainly is not now the “country’s largest mortgage lender” as our friendly journalist purports.  The fact that it has ceased being a mortgage lender tells you there really is liquidity issues here...

"We believe WaMu's capital is insufficient to absorb its mortgage losses," Moody's Investors Service senior credit officer Craig Emrick said Monday. Moody's lowered WaMu's financial strength rating to E from D+ and placed the debt ratings on review for possible downgrade on Tuesday, saying the thrift has "severe asset-quality issues."

Moody’s don’t believe the 19 billion either.   

Attempts to either inject capital or sell WaMu received a boost last week, when private equity firm TPG Capital waived an anti-dilution protection for its investment in the thrift. The move appeared to be an acknowledgment that the troubled savings and loan may need to raise more than $500 million of additional capital.

On paper, TPG had lost $1.55 billion of the $2 billion it invested in WaMu in April. Its investment came in equal portions from its fifth and sixth buyout funds and from a $6 billion fund it raised this year to make distressed investments in the financial sector, according to a TPG investor.

Ok, we know the situation is desperate though.  TPG have access to the books.  I don’t.  They waived their anti-dilution clause so they are clearly willing to get diluted to preserve some value in their position.  That is the real indicator of problems here.  The waiving of the anti-dilution clause is however a GOOD thing for the preferred holders.  Extra equity capital (diluting but not wiping out TPG) strengthens, not weakens the position of the preferreds.  However TPG are also saying "get me out of here" and given that they have access to the books I should not be comforted by that.

In a research report, Keefe, Bruyette & Woods Inc. said last week that WaMu might have enough reserves to weather future losses, but that if the losses intensify it would need new capital that it would find increasingly hard to raise.

That is fill.  Its fill however consistent with my thesis.  If the losses are “only 19 billion WaMu has enough capital to survive.  If more – then problems. 

According to one banking source not involved in the sale process, any buyer would face immediate mark-to-market pressures from WaMu's mortgage portfolio. Noting that purchase accounting rules would force a buyer to immediately mark the portfolio to market prices, the banker said that the hole in WaMu's balance sheet upon purchase could be as high as $52 billion. On the other hand, if the bank was not sold, but recapitalized, the hole would be anywhere from $12 billion to $19 billion.

The first sentence gives it away.  WaMu is a “sale process” because this journo is distinguishing between people in the know and people like me who are just interested outside observers.  [Unfortunately the said journo is not in the know.] 

The outside source however has nailed the obvious problem with “buying WaMu” which is that WaMu’s assets are mismarked – and the mismark would be exposed by any purchase.  A purchase at a token sum ($1 a share) would solve many of these problems though because there is a lot of “stated capital” left at WaMu even if there is not much real capital. 

A deal whereby someone injects equity and retains an option to purchase solves the mark-to-market problem described.  That might be the reason that deals are taking the forms stated.  A deal where the FDIC warrants that the assets are not going to be $40 billion bad (even with a fee paid to the FDIC) also solves the marking problem.  I am not sure whether the FDIC has the legislative power to cut such a deal.

The oil price spike

Lots of amazing things have happened in US capitalism in the last ten days. Monday's oil price spike has been lost in the noise. But it looks to have told you something about how hedge funds and oil companies behave.

Global oil consumption is about 87 million barrels per day. US oil consumption is just shy of 21 million barrels per day. At $100 oil that is an 8.7 billion or 2.1 billion dollar per day market.

It would be pretty hard to squeeze the oil market because of its sheer size.

Yet - on contract expiration - the oil price spiked from 100 to 125 dollars - and settled up $20. The forward price was not quite as strongly affected.

Somebody was short. Big time. And they needed to buy back. I have no idea how many contracts changed hands - but to push a 2.1 billion dollar per day market up 25% it had to be an awful lot.

I haven't seen the news that so-and-so-hedge-fund-I-have-never-heard-of has been roasted - but someone looks to have been roasted. And it has slipped without comment.

---

Now here is something to give you less confidence in the Paulson plan.

There was a US organisation with enough oil to meet the price spike and to buy back oil in the one-month forward contract and hence make a LARGE arbitrage profit. That organisation is ... the US Government and the strategic oil reserve.

They only had to sell now, offset by purchased in one month. My guess is that once done the oil wouldn't even need to be moved - you just meet with the liquidator of said hedge fund and settle up.

Ah well - the US government was never much good at trading.

But then we wouldn't normally want them to buy financial assets - and we wouldn't expect them to be able to determine fair value...

Would we now.



J

Tuesday, September 23, 2008

How much does it take to get the FDIC to take over a bank?

Last Friday’s FDIC event – the takeover of Ameribank – has given me some thought.

It’s a small bank – it has 8 branches, 112 million in assets and 115 million in deposits. 

NPLs were 5 percent June last year.  They were 32 percent at year end and 45 percent by June 30 this year.

45% NPLs is what it took to get an FDIC event.

There is much speculation (see WSJ, Calculated Risk etc) that WaMu might be taken over by the FDIC.

Last I looked (ie last quarter) the WaMu NPL over total assets were 3.62 percent, up from 1.29 percent a year ago or 2.17 percent at year end.  I am not comparing apples with apples.  The NPLs WaMu quotes are against total assets, not total loans – but they are still only in the low 4s.

Now there is plenty of room for NPLs to rise.  There are a lot of option ARMs in WaMu’s book –and NPLs have been rising quite consistently and in my view will continue to rise. 

But if you take the FDIC on form its not likely to confiscate WaMu soon.  It waited more than six months AFTER Ameribank reported 32% NPLs for a takeover.

In the blogosphere I am in a (small) minority of believing that WaMu will probably be OK in the end.  I know its gonna get a lot worse.  But the FDIC seems to take a lot to act – and I am not sure that that much happens at WaMu. 

Then again WaMu might run out funds – and that would force the FDIC hand.  So far there is little evidence of that but…

General disclaimer

The content contained in this blog represents the opinions of Mr. Hempton. You should assume Mr. Hempton and his affiliates have positions in the securities discussed in this blog, and such beneficial ownership can create a conflict of interest regarding the objectivity of this blog. Statements in the blog are not guarantees of future performance and are subject to certain risks, uncertainties and other factors. Certain information in this blog concerning economic trends and performance is based on or derived from information provided by third-party sources. Mr. Hempton does not guarantee the accuracy of such information and has not independently verified the accuracy or completeness of such information or the assumptions on which such information is based. Such information may change after it is posted and Mr. Hempton is not obligated to, and may not, update it. The commentary in this blog in no way constitutes a solicitation of business, an offer of a security or a solicitation to purchase a security, or investment advice. In fact, it should not be relied upon in making investment decisions, ever. It is intended solely for the entertainment of the reader, and the author. In particular this blog is not directed for investment purposes at US Persons.