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Subject: $700Billion, Bail Out draft proposal as it stands today.....
RockyMTNClimber    9/22/2008 5:49:10 PM
ht***tp://www.nytimes.com/2008/09/21/business/21draftcnd.html?_r=1&oref=slogin 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 purchase
 
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RockyMTNClimber    God help US. Literally.   9/24/2008 3:56:55 PM

The "Buck Stops Here" is the correct attitude to take.  There is no "that is above my pay grade" in the oval office.

 



 
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xylene       9/24/2008 9:40:05 PM
Rocky , I actually agree with you. The current bailout proposal is very scary in its present form. Probably the biggest shift of power to executive branch since the PATRIOT act.
 
....and it's ALL  George W Bush's fault!
 
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eldnah       9/24/2008 10:51:39 PM

The term "Bailout" is somewhat misleading. The plan is not for the US Government to pour money into failing companies to sustain them but buy currently undervalued assets, at perhaps 20 to 40 cents to the dollar, to free up market capital and getting the mortgaged houses as collateral. Over time and the US unlike businesses can have a long term view, can hold the mortgage backed securities to maturity or sell at anytime in the future for a profit if advantageous but in the meantime collect the interest and principal that accrues. It is more likely to produce a profit than a loss but if a loss certainly not $700,000,000,000 because of the deep discounts the securities are bought at.

 
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VelocityVector       9/24/2008 11:58:04 PM
Consider the assets ultimately backing the current govt debt acquisition plan.  Homes.  Some of these are in poor condition for resale at almost any price due to hurricane, tornado, flood, toxic mold levels, radon, fire, shoddy workmanship or other.  With unoccupied foreclosures, each day that passes subjects the homes to crime, vandalism, looting and further damage and accelerated depreciation - no insurance presumably.  A new home buyer, personal or institutional, requires time and expertise to properly assess what value the asset holds.  If speculative or wrong, the home buyer may lose money and even attempt to walk away from the home and associated financing.  Back to square one.  Credit will be tight, credit-worthy buyers are already invested.  Who will buy in the short term?  Not to mention the new litigation that will affect the govt and its customers and must be priced-in - environmental, undisclosed defects etc.  So, unlike past financial crises and govt bailouts, resolution of the current situation according to Bush/Paulson/Bernake is going to cost taxpayers plenty and the costs will increase with each day that passes.  The govt "can take a long term view" but the taxpayers and their children had best take one too.
v^2
 
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Jimme    problem is with the language   9/25/2008 4:02:43 AM

The term "Bailout" is somewhat misleading. The plan is not for the US Government to pour money into failing companies to sustain them but buy currently undervalued assets, at perhaps 20 to 40 cents to the dollar, to free up market capital and getting the mortgaged houses as collateral. Over time and the US unlike businesses can have a long term view, can hold the mortgage backed securities to maturity or sell at anytime in the future for a profit if advantageous but in the meantime collect the interest and principal that accrues. It is more likely to produce a profit than a loss but if a loss certainly not $700,000,000,000 because of the deep discounts the securities are bought at.



I kind of share the same view, if the term "investment" were used instead of "bailout",  would the public still share the same resentment?  There are private companies that make a living off of buying bad debts  for  a fraction of there original amounts and recover  enough to turn a profit, and thats with no collateral  at all. Here we are talking  about the best form of collateral, REALestate.  Sure prices are down now but will that be the case in 10 years? 


I think if done properly this could actually work out well and even bring back a profit. Like so many failing companies that get bought out by larger corps. to be turned around, it takes a player with major finances and clear motivation. I can see how such a situation COULD be possible, however faint that possibility may be.

I really liked McCain's idea of a panel headed by NYC mayor Bloomberg himself to oversee the whole affair.
 
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Wicked Chinchilla       9/25/2008 7:13:23 AM
The more I read and hear of this bailout, the more it should be canned outright.
 
From the horses mouth.
 
"Its not based on any particular datapoint," a treasury spokeswoman told Forbes.com Tuesday.  "We just wanted to choose a really large number."
 
These people really dont understand its real money do they?  Our congresscritters are showing more backbone than they have been as of late.  There is significant bipartisan resistance to this thing and they are, shockingly, actually asking good questions.  Maybe there is hope.
 
And I would like to apologize to whoever I pissed off two days ago when I first read of the bailout plan.  I completely flipped out.  Rocky managed to politely and effectively state in this thread what I wanted to say but was too angry to do so. 
 
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Softwar       9/25/2008 8:38:46 AM

Rocky , I actually agree with you. The current bailout proposal is very scary in its present form. Probably the biggest shift of power to executive branch since the PATRIOT act.

 

....and it's ALL  George W Bush's fault!


Sen. Dodd is the #1 taker of Fannie Mae money - followed by Barack Obama.  Dodd, Obama, Frank and other Dems have opposed ANY reforms - including McCain's 1995 bill which would have prevented this whole mess.  I have repeatedly posted the gruesome details published by such leading right wing rag sheets such as the Washington Post and the Chicago Sun.
As usual Xylene - you would pin a solar flare as George Bush's fault.
 
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Softwar    Xylene - Whose Fault is it?   9/25/2008 9:28:57 AM

....and it's ALL  George W Bush's fault!


link


How A Clinton-Era Rule Rewrite Made Subprime Crisis Inevitable
      By TERRY JONES
      INVESTOR'S BUSINESS DAILY | Posted Wednesday, September 24, 2008 4:30 PM PT

      One of the most frequently asked questions about the subprime market meltdown and housing crisis is: How did the government get so deeply involved in the housing market?


      The answer is: President Clinton wanted it that way.

      Fannie Mae and Freddie Mac, even into the early 1990s, weren't the juggernauts they'd later be.

      While President Carter in 1977 signed the Community Reinvestment Act, which pushed Fannie and Freddie to aggressively lend to minority communities, it was Clinton who supercharged the process. After entering office in 1993, he extensively rewrote Fannie's and Freddie's rules.

      In so doing, he turned the two quasi-private, mortgage-funding firms into a semi-nationalized monopoly that dispensed cash to markets, made loans to large Democratic voting blocs and handed favors, jobs and money to political allies. This potent mix led inevitably to corruption and the Fannie-Freddie collapse.

      Despite warnings of trouble at Fannie and Freddie, in 1994 Clinton unveiled his National Homeownership Strategy, which broadened the CRA in ways Congress never intended.

      Addressing the National Association of Realtors that year, Clinton bluntly told the group that "more Americans should own their own homes." He meant it.

      Clinton saw homeownership as a way to open the door for blacks and other minorities to enter the middle class.

      Though well-intended, the problem was that Congress was about to change hands, from the Democrats to the Republicans. Rather than submit legislation that the GOP-led Congress was almost sure to reject, Clinton ordered Robert Rubin's Treasury Department to rewrite the rules in 1995.

      The rewrite, as City Journal noted back in 2000, "made getting a satisfactory CRA rating harder." Banks were given strict new numerical quotas and measures for the level of "diversity" in their loan portfolios. Getting a good CRA rating was key for a bank that wanted to expand or merge with another.

      Loans started being made on the basis of race, and often little else.

      "Bank examiners would use federal home-loan data, broken down by neighborhood, income group and race, to rate banks on performance," wrote Howard Husock, a scholar at the Manhattan Institute.

      But those rules weren't enough.

      Clinton got the Department of Housing and Urban Development to double-team the issue. That would later prove disastrous.

      Clinton's HUD secretary, Andrew Cuomo, "made a series of decisions between 1997 and 2001 that gave birth to the country's current crisis," the liberal Village Voice noted. Among those decisions were changes that let Fannie and Freddie get into subprime loan markets in a big way.

      Other rule changes gave Fannie and Freddie extraordinary leverage, allowing them to hold just 2.5% of capital to back their investments, vs. 10% for banks.

      Since they could borrow at lower rates than banks due to implicit government guarantees for their debt, the government-sponsored enterprises boomed.

      With incentives in place, banks poured billions of dollars of loans into poor communities, often "no doc" and "no income" loans that required no money down and no verification of income.

      By 2007, Fannie and Freddie owned or guaranteed nearly half of the $12 trillion U.S. mortgage market - a staggering exposure.

      Worse still was the cronyism.

      Fannie and Freddie became home to out-of-work politicians, mostly Clinton Democrats. An informal survey of their top officials shows a roughly 2-to-1 dominance of Democ

 
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Wicked Chinchilla       9/25/2008 10:08:35 AM
1)  That the Gramm-Leach-Bliley act WAS passed in 1999 is true.  There were two votes however.  The first vote cleared the Senate along party lines.  It went to the house where provisions were made within it and THEN it passed the senate 90-8-1-1.  Even if Clinton had wanted to veto it there was no way he could.  Of course he is on the record of saying he was for it so that wouldnt have happened anyway.  The point I am making was that this act, which enabled this crisis, was GOP legislation originally.  Of course, the Democrats got their stuff in and voted for it anyway, so the origination matters little
MEANING: Both parties are at fault
2)  The GOP had control of Congress and the Executive for Eight of the last ten years.  Six of those they controlled everything but the bloody judicial branch.  Saying they couldnt have done anything then is disengenuous.  The legislation never should have been shown and the problem really took off when we should have had a recession starting in 2002 and used the housing market as a crutch.  Hello Bubble.
MEANING: No real effort was made by EITHER party to fix this issue.  It was either ignored, not seen, or they simply didnt care enough.  Six years is plenty of time to ram something through if you control everything, eight is still ample time if you control one of the two areas necessary to push something through.
 
3) Fannie and Freddy are the symptom of the problem, not the thing that caused it.  The same thing doomed Goldman Sachs, AIG, and the other 4 major Investment Banks in the U.S. as well as tanking WaMu and the other banks that failed are taking hits.  What is the relevance of repeatedly posting stats for Fannie and Freddy Donations?  Why not include donations from the other investment firms that did the exact same thing. 
MEANING:  The Republican Party and Bush ARE responsible for this, just like the Democrats are.  There is ample blame to be spread around and continually posting stats which could be construed as bribes for the Democrats is disenguous since the origination of those stats is not known (private citizens, lobbyists, the company, etc.)  It is made even more so by not posting stats on who received money from the 6 investment banks that benefited hugely until their debts were called. 
 
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RockyMTNClimber    Maybe.....   9/25/2008 10:22:26 AM

The term "Bailout" is somewhat misleading. The plan is not for the US Government to pour money into failing companies to sustain them but buy currently undervalued assets, at perhaps 20 to 40 cents to the dollar, to free up market capital and getting the mortgaged houses as collateral. Over time and the US unlike businesses can have a long term view, can hold the mortgage backed securities to maturity or sell at anytime in the future for a profit if advantageous but in the meantime collect the interest and principal that accrues. It is more likely to produce a profit than a loss but if a loss certainly not $700,000,000,000 because of the deep discounts the securities are bought at.




I do understand that some sources within the media and the financial industry have expressed your view of the "bailout".Secretary Paulson himself has sort of danced around your explaination of how this process might work. My question to you is to look at the legislation recreated above in total (sourced from the NYT). Where in that three page legislative proposal is your explanation? Your view is one possible interpretation of this legislation. There could just as easily be alternative interpretations where the entire home mortgage market is nationalized within this. That represents a $12 Trillion absorption of private assetts into the USG. Take very careful note that the Bush Administration may have the very best of intentions with this piece of legislation but Barry Hussein will most certainly use it to advance an agenda that is very different from what this is supposed to be today. Be scared.
 
Regarding Bush. Softwar is at least partly correct in that this has shaken into a very Democrat Party dominated scandal. Bush's failure is in not resolving it in the first 7 years of his Presidency.
 
Check Six
 
Rocky
 
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