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How this Bail-out Has Got to Work

The Editor's Column
Posted by WhosPlayin on 2008/9/24 19:14:20 (1431 reads)

I just heard Bush's speech tonight on the proposed bail-out of the financial sector. He talks a good game, and frankly the speech reminded me a lot of some of the post-9/11 talk. The fact is that this time at least, there is truth in what he says. If you aren't convinced of the need to act, I'd point you to just about anything McBlogger has written lately. I think he's spot on:
"May you live in interesting Times" 9/24/08
"The Fallout" 9/22/08
"While You're All Whining" 9/19/08

But lets talk about how to make this thing work for the taxpayers and perhaps even turn a nice little profit. I'm no Wall Street expert, but I didn't fall off a turnip truck yesterday, and I know that letting one man make secret deals with $700 billion and no strings attached is just asking for graft. With that in mind, and knowing I may get some of the terminology wrong, here's my idea.

1. All deals will be public, and made on the basis of competitive bids held in the opening market.

2. The Treasury Secretary should define a standard "unit" of mortgage-backed securities, including the face value, performing status, collateral value, and default risk.

3. Congress should codify the standard and put some criminal penalties on anyone who intentionally falsifies the rating of one of these "units".

4. Each day until the market begins to recover, Treasury should hold a reverse auction of sorts where they announce that they will buy X number of units of a given rating.

5. Any holder of these mortgage-backed securities, regardless of how large or small, may bid in the open auction to sell up to the daily limit of units, stating the price they're willing to accept for those units.

6. Treasury will accept bids until the bidding stops, choosing the lower-priced bids. The lowest bidder will then sell their bid units at the winning price. If they bid fewer units than Treasury is buying on that day, the next lowest bidder will sell those units at their bid price.

7. After purchase, Treasury will have the package rated and inspected for fraud and material difference in value from the stated specifications on the bid. Findings for each lot will be public. Fraud will be referred to Justice for prosecution.

8. Representatives from the executive and legislative branches will keep a watchful eye on the markets, looking for signs of liquidity in these securities. They will meet each week or more often to provide input on the size of the next week's auction units.

9. When liquidity is restored, whether or not the $700 billion target is reached, the government will then taper off these auctions.

10. The securities will be held until such time as Congress, the Federal Reserve, and the Treasury agree that the market would support their sale. At that time, Treasury would reverse the process, selling a number of these units each day based on market conditions.


I think my plan would work because it combines the best elements of transparent government and free-market pricing. Because there is no means for anyone in government to show favoritism to a given institution, there is no incentive for graft. Pricing will be competitive. Those institutions with the greatest need for cash to move these securities off the books will price them the lowest.

Because the government would be inviting all holders of these securities to bid their sale, you would be making a market for them. If for instance, the market sees that by the third day of these auctions, these securities are selling for 65% of face value, you may have some investors begin to purchase them, knowing they will get at least that much back if they want to sell them.

By limiting the amount purchased each day to some percentage of the total market, and being aggressive in the first days, you show that you mean business, and you get some of the worst debt off the books.

What do you folks think? Is there some other way to ensure the process is open and fairly priced? If there is, I'm all ears. Lets hope your elected representatives are too. BTW, Mike Burgess finally provided a couple of paragraphs as of tonight, showing that he still doesn't understand, or that his calls to the think tanks are not being returned.



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Poster Thread
WhosPlayin
Posted: 2008/9/24 19:52  Updated: 2008/9/24 19:54
Webmaster
Joined: 2008/12/12
From:
Posts: 1400
 Entire Text of Paulson's Bailout Proposal
Here is the entire text of the Treasury Department's 3 page bailout proposal

LEGISLATIVE PROPOSAL FOR TREASURY AUTHORITY TO PURCHASE MORTGAGE-RELATED ASSETS

Section 1. Short Title.

This Act may be cited as ____________________.

Sec. 2. Purchases of Mortgage-Related Assets.

(a) Authority to Purchase.--The Secretary is authorized to purchase, and to make and fund commitments to purchase, on such terms and conditions as determined by the Secretary, mortgage-related assets from any financial institution having its headquarters in the United States.

(b) Necessary Actions.--The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this Act, including, without limitation:

(1) appointing such employees as may be required to carry out the authorities in this Act and defining their duties;

(2) entering into contracts, including contracts for services authorized by section 3109 of title 5, United States Code, without regard to any other provision of law regarding public contracts;

(3) designating financial institutions as financial agents of the Government, and they shall perform all such reasonable duties related to this Act as financial agents of the Government as may be required of them;

(4) establishing vehicles that are authorized, subject to supervision by the Secretary, to purchase mortgage-related assets and issue obligations; and

(5) issuing such regulations and other guidance as may be necessary or appropriate to define terms or carry out the authorities of this Act.

Sec. 3. Considerations.

In exercising the authorities granted in this Act, the Secretary shall take into consideration means for--

(1) providing stability or preventing disruption to the financial markets or banking system; and

(2) protecting the taxpayer.

Sec. 4. Reports to Congress.

Within three months of the first exercise of the authority granted in section 2(a), and semiannually thereafter, the Secretary shall report to the Committees on the Budget, Financial Services, and Ways and Means of the House of Representatives and the Committees on the Budget, Finance, and Banking, Housing, and Urban Affairs of the Senate with respect to the authorities exercised under this Act and the considerations required by section 3.

Sec. 5. Rights; Management; Sale of Mortgage-Related Assets.

(a) Exercise of Rights.--The Secretary may, at any time, exercise any rights received in connection with mortgage-related assets purchased under this Act.

(b) Management of Mortgage-Related Assets.--The Secretary shall have authority to manage mortgage-related assets purchased under this Act, including revenues and portfolio risks therefrom.

(c) Sale of Mortgage-Related Assets.--The Secretary may, at any time, upon terms and conditions and at prices determined by the Secretary, sell, or enter into securities loans, repurchase transactions or other financial transactions in regard to, any mortgage-related asset purchased under this Act.

(d) Application of Sunset to Mortgage-Related Assets.--The authority of the Secretary to hold any mortgage-related asset purchased under this Act before the termination date in section 9, or to purchase or fund the purchase of a mortgage-related asset under a commitment entered into before the termination date in section 9, is not subject to the provisions of section 9.

Sec. 6. Maximum Amount of Authorized Purchases.

The Secretary's authority to purchase mortgage-related assets under this Act shall be limited to $700,000,000,000 outstanding at any one time

Sec. 7. Funding.

For the purpose of the authorities granted in this Act, and for the costs of administering those authorities, the Secretary may use the proceeds of the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities may be issued under chapter 31 of title 31, United States Code, are extended to include actions authorized by this Act, including the payment of administrative expenses. Any funds expended for actions authorized by this Act, including the payment of administrative expenses, shall be deemed appropriated at the time of such expenditure.


Sec. 8. Review.
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.


Sec. 9. Termination of Authority.

The authorities under this Act, with the exception of authorities granted in sections 2(b)(5), 5 and 7, shall terminate two years from the date of enactment of this Act.

Sec. 10. Increase in Statutory Limit on the Public Debt.

Subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting in lieu thereof $11,315,000,000,000.

Sec. 11. Credit Reform.

The costs of purchases of mortgage-related assets made under section 2(a) of this Act shall be determined as provided under the Federal Credit Reform Act of 1990, as applicable.

Sec. 12. Definitions.

For purposes of this section, the following definitions shall apply:

(1) Mortgage-Related Assets.--The term "mortgage-related assets" means residential or commercial mortgages and any securities, obligations, or other instruments that are based on or related to such mortgages, that in each case was originated or issued on or before September 17, 2008.

(2) Secretary.--The term "Secretary" means the Secretary of the Treasury.

(3) United States.--The term "United States" means the States, territories, and possessions of the United States and the District of Columbia.
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Poster Thread
Trace
Posted: 2008/9/29 19:41  Updated: 2008/9/29 19:41
Just popping in
Joined: 2008/4/22
From: Keller, Texas
Posts: 61
 Just a few questions
Does your plan cover just the housing market? It is my understanding of the bill credit card debt will be part of this. Bad school loans will be part of this. Commercial loans will be part of this. Pretty much all-bad debt acquired by banks it seems.

I do find your plan to be something that will work when the funds are approved though.
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Poster Thread
WhosPlayin
Posted: 2008/9/30 17:16  Updated: 2008/9/30 17:16
Webmaster
Joined: 2008/12/12
From:
Posts: 1400
 Re: Just a few questions
My plan would be for mortgage-backed securities only - so yes, it would only be the housing market. I just don't see how you can do anything on unsecured consumer debt without putting the taxpayers at too much risk. I think that holding and administering home mortgages is something the government has some expertise in through the VA, Fannie, and Freddie.

An interesting question was posed to Mike Burgess this afternoon on KERA radio: "Would you vote for a plan that effectively bailed out foreign-owned banks?". WOW. Great question. I think it's hard to find a way to only purchase the securities of a domestic-owned bank, because fundamentally, there is no domestic-owned anything anymore. All of these entities have shareholders all over the world.

I suppose we do run a risk if we don't spend enough, that all the money we release to the market in exchange for these things simply gets extracted out of the US market and gets invested elsewhere. I'd be interested to hear thoughts on how we might could structure this such that liquidity stays in OUR markets.
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