
The Troubled Asset Relief Program (TARP) created by the Emergency Economic Stabilization Act of 2008, commonly referred to as the “bailout” of the financial system, is a federal program managed by the federal government created to purchase “toxic assets” from many of the financial institutions that precipitated the current financial downturn.
These toxic assets, which are characterized as either (a) subprime mortgages or securities and (b) any other asset that the government would deem beneficial to purchase to help the financial institutions, were created mostly by the housing bubble that thrived for most of the early to mid 2000s.
The ‘Bubble’The housing bubble saw average home prices increase by 37% from 2002 to 2007, from $228,000 to $313,600, respectively, creating a sense of wealth among the American consumer and led to a bullish attitude by many of the financial institutions that financed the demand. As more and more banks lent more money to Americans with low or “subprime” credit worthiness, they believed that home prices would continue to rise, as they had for the past forty years, therefore limiting their losses if they defaulted. This idealism and lack of preparedness, which was shared by other financial institutions around the globe, created a false sense of security that prevented them from making decisions that would make their companies financially solvent for the long term. Rather, they increased their lending of subprime mortgages to more Americans.
In the United Kingdom, as in America, the housing bubble reached unheard-of heights. Home prices in the UK went from around 70,000 pounds in the late 1970s, to over 170,000 pounds by 2006, or an increase of 142% in just 30 years.
In early 2007, the bubble that was built on the backs of hard-working people began to show cracks. In the United States, 25 subprime lenders declared bankruptcy, announcing losses and putting themselves up for sale. New Century Financial, the largest subprime lender at the time, declared for chapter 11 bankruptcy.
The market, however, was slow to react to the dreary news. In July, the Dow Jones closed above 14,000 for the first time ever. In the New York Times Business section, Vikas Bajaj wrote: “The stock market has charged past concerns about surging mortgage default rates, rising oil prices and higher interest rates.” In the same article, however, Citigroup strategist Tobias Levkovich, said that the market “was not as attractive as it was before, but it is not unattractive.” The Dow Jones’ 14,000 milestone was led in large part by IBM’s strong numbers, Exxon Mobil’s $76/barrel, but financial stocks, beginning to show signs of the sickness that was looming, had another rough day due to subprime worries.
Still, many experts doubted about the weakness of the financial institutions and claimed that the ‘mixed nature’ of the economy was going to help it avoid a calamity. ''The economy is mixed but not as weak as when a lot of people made their earnings expectations at the end of the first quarter,'' said Leo P. Grohowski, chief investment officer at U. S. Trust, a division of Bank of America that serves wealthy clients.
Timeline of a Collapse•
January 24: The National Association of Realtors (NAR) announced that 2007 had the largest drop in existing home sales in 25 years, and "the first price decline in many, many years and possibly going back to the Great Depression."
•
February 2008: British bank Northern Rock, was taken into state ownership by the British government after a ‘run on the bank’ by the public which was panicked by the current credit market crisis.
•
March 10: Dow Jones Industrial Average at the lowest level since October 2006, falling more than 20% from its peak just five months prior.
•
March 14–18: Dropping valuations of mortgage securities caused by skyrocketing default and foreclosure rates forces margin calls to the Wall Street bank Bear Stearns for debts the bank used to leverage mortgage issuances, and threatens BSC with bankruptcy and causes worldwide market jitters. In a weekend deal brokered by U.S. Treasury secretary Paulson and Fed chairman Ben Bernanke, JPMorgan bank agrees to purchase BSC for $2 per share, compared to their 2007 high of nearly $170, in exchange for the Federal Reserve Bank agreeing to accept BSC's devalued mortgage backed securities as collateral for public loans at the newly created Term Securities Lending Facility (TSLF), effectively providing a mechanism to bail out Wall Street banks threatened with insolvency.
•
March 1–June 18: 406 people were arrested for mortgage fraud in an FBI sting across the U.S., including buyers, sellers and others across the wide-ranging mortgage industry.
•
June 19: Ex-Bear Stearns fund managers were arrested by the FBI for their allegedly fraudulent role in the subprime mortgage collapse. The managers purportedly misrepresented the fiscal health of their funds to investors publicly while privately withdrawing their own money.
•
July 30: Housing and Economic Recovery Act of 2008 changes the $250,000/$500,000 capital gains exclusion applying to second homes and rental property.
Congress Passes TARPPublic Law 110-343, more commonly known as the Emergency Economic Stabilization Act of 2008, was passed by Congress and signed by President George W. Bush on October 3rd, 2008. The 169-page law created a $700 billion Troubled Assets Relief Program (TARP) among other provisions, but for the purpose of this paper, however, the focus will be on the TARP program.
TARP allowed the US government to purchase $700 billion worth of troubled assets and equity from financial institutions in order to jumpstart short-term lending and restart a sagging economy. The targeted assets or collateralized debt obligations were initially sold in a booming market in 2007, when the Dow was topping 14,000, and then the world came crashing down when they were hit by widespread foreclosures. TARP intended to purchase these assets, thus allowing participating institutions to stabilize their balance sheets and avoid further losses.
Another important goal of TARP was to encourage banks to resume lending at levels seen before the crisis, both to each other and to consumers and businesses. The reasoning was that if TARP funds were able to remove the toxic assets from banks, they would in turn restart lending again, and therefore increase consumer confidence. As banks themselves gained increased lending confidence, the inter-bank lending would resume.
The Treasury had authority to only spend the first half of the $700 billion, while the second half would only come once a report was submitted to Congress from the Treasury outlining plans for the use of the second part of the TARP funds. The initial monies were released in October 3, 2008, while the second part was released on January 19th, 2009.
Mistrust Between Administration and CongressIn mid October 2008, then Treasury Secretary Hank Paulson and President Bush announced revisions for TARP. The Treasury reversed its earlier course and announced plans to purchase preferred stock and warrants in the nation’s largest banks instead of using the money to purchase toxic assets. The first allocation of the TARP money was, in essence, used to buy preferred stock, which is similar to debt in that it gets paid before common equity shareholders. This makes it possibly an ineffective way for banks to restart their lending because instead of clearing their balance sheets of toxic assets, they are repaying the government.
The initial plan in which the Treasury was supposed to buy the troubled assets form banks was scrapped in favor of purchasing preferred stock after Secretary Paulson met with British Prime Minister Gordon Brown. The British government, going through similar circumstances across the pond, merely infused capital into banks via preferred stock in order to clean up their balance sheets and in some economists’ view nationalizing the banks. “All these are investments being made by the government which will earn a proper return for the taxpayer,” added the Prime Minister at a news conference announcing the government’s plan. The British plan spends 50 billion pounds to partly nationalize major banks and a further 250 billion pounds to guarantee bank loans to shore up its beleaguered sector. “We are not talking about running banks,” said Alistair Darling, the Chancellor of the Exchequer, “the banks are going to be run as commercial operations, albeit with government help in restructuring.”
Problems with TARP(a)
Foreclosures not addressed - One of the major omissions of TARP was that it did not directly address the issue of foreclosures for middle-income Americans. The program passed by the Senate and signed into law by President Bush only addressed the economic impact that financial institutions would have on the overall economy if they did not resume lending. "Wake me up, can this really be happening?" the 42-year-old Bohnen says. As she tries to describe how it feels to have the nation's financial crisis land in her living room, the phone rings. She ignores it. "It's probably the bank -- again," she says.
(b)
No oversight - The banks were left without proper oversight when they were given taxpayer money, and therefore, they spent it as they saw fit, on everything except new loans. Now making matters worse is the fact that the same banks who took bailout money, Bank of America, JPMorgan, Goldman Sachs, etc., want to pay off the money as quickly as they can so they can avoid further regulation. However, it is not as easy as it sounds since the way that TARP is currently structured, a bank would have to go out and raise a staggering amount of new capital to replace the government’s stake before it is permitted to return it.
(c)
Banks returning to old ways - Since TARP was launched last October, banks have increased charges on a wide range of routine transactions, hiked rates on credit cards and continued making predatory loans. According to an ABC News story, the Congressional Oversight Panel, the body named by Congress to oversee the bailout, is working on a report examining instances of potentially inappropriate lending by banks that got taxpayer capital. This issues stems back to the speed with which TARP was passed in the first place, without finalizing oversight to avoid these types of scams. Accountability has been sorely lacking. Elizabeth Warren, chair of the TARP oversight committee, believes banks are engaging in predatory practices. "The people who are subsidizing the activities of the banks through their tax dollars are the same people who are furnishing the high profits through consumer lending. In a sense, we're asking taxpayers to pay twice."
(d)
PR nightmare – Since the early discussions of the bailout, Congressional staffers did not use correct words to effectively communicate the message to the American people. The term ‘bailout’, especially when families are hurting all over, created resentment among the public. Questions like: “How is it that large banks that got us here in the first place are the first to get bailed out by the government?” were being asked from Santa Ana, CA to Montpelier, VT. Americans did not understand how the government could give more money to the same financial institutions that were bringing the country to its knees.
New Administration, New StewardshipTimothy Geithner, sworn in as President Barack Obama’s new Secretary of the Treasury went before congress in February to explain to lawmakers what he proposed to do with the second half of the bailout money looking to assuage concerns in Capitol Hill. He proposed to create one or more “bad banks” to buy and hold toxic assets using a mix of private and public money. He also proposed to expand a lending program that would spend as much as $1 trillion to cover the decline of the insurance of securities backed by consumer loans. He further proposed to give banks new infusions of capital with which to lend. In exchange, banks would have to cut the salaries and perks of their executives and sharply limit dividends and corporate acquisitions. This, however, could be a recipe for disaster because the same circumstances that lead us in this mess in the first place are beginning to spring up once again. The administration’s plan of insuring almost all of the losses of toxic assets for investors would make it extremely easy for them to gorge on them and repeat the mess that got us into this situation in the first place.
Joseph Stiglitz writes on the New York Times the following:
The two have little to do with each other. The government plan in effect involves insuring almost all losses. Since the private investors are spared most losses, then they primarily “value” their potential gains. This is exactly the same as being given an option. Consider an asset that has a 50-50 chance of being worth either zero or $200 in a year’s time. The average “value” of the asset is $100. Ignoring interest, this is what the asset would sell for in a competitive market. It is what the asset is “worth.” Under the plan by Treasury Secretary Timothy Geithner, the government would provide about 92 percent of the money to buy the asset but would stand to receive only 50 percent of any gains, and would absorb almost all of the losses. Some partnership!
On the other hand, the toxic assets are continuing to choke the financial markets and unless the administration does something drastic to change the course of the crisis, they will continue to be a drag on the financial institutions which are so crucial for the health of the overall economy.
How to Get The Bailout Going Again(1)
Repackage the Message: The first thing that the administration needs to do is to explain to the American people – in layman’s terms – why the bailout is needed. This was the first thing that needed to be done when the package first came out last fall, but since Secretary Paulson was in ‘emergency mode’ visiting every Congressman as far as the eye could see, getting the message across to the American people was the furthest things from everyone’s mind.
(2)
Hearings, hearings, hearings!: Once the plan was chugging along, the government failed to show the American people who was really in charge of their money. This was in part due to the timing of the plan, a national campaign was in full swing, Congress was going to go into recess soon, and – once again – the message got lost in the translation. Oversight of the largest bill ever created in the history of man was put in the backburner. This created a sense of desperation for the American people because not only did they have to give up an exorbitant amount of dollars, but at the same time they saw that it went straight to the banks with the impression of being without “strings attached.” The only way that Congress can show the American people that it is in charge of their money and how it is spent is by having more hearings on where the money is going. The new administration has done a great job with websites that show where the money of the stimulus plan is going to, but Congress has to do a better job showing the American people where TARP funds are going as well. The information is out there but it is difficult to find.
(3)
Oversight: This dovetails from the second recommendation for improvement. Congress needs to take a more active approach overseeing the people’s money and policing that these institutions do not take advantage of the public.
(4)
Foreclosure help: This is beginning to be addressed by the administration. The problem is very difficult to address because it is such a sensitive issue with a lot of people. Responsible Americans that took out loans that they could pay for are screaming “bloody murder!” at the thought that a fraction of the foreclosures are people that irresponsibly borrowed money that they could not pay for. That is a small fraction however. Some people were taken advantage of by predatory lenders and promised different terms than the ones they signed up for.
In conclusion, the highly unusual circumstances that lead to the collapse of many financial giants within the past year and have lead the world economy to this slowdown could have been prevented if the right tools would have been put in place. The shortsightedness of CEOs and the greed and irresponsibility of many Americans have hopefully taught us a valuable lesson about borrowing and lending.
_____
Sources:
1. United States Senate Committee on Banking, Housing and Urban Affairs.
2. US Government Accountability Office
3. A CBO Report: The Troubled Asset Relief Program: Report on Transactions Through December 31, 2008.
4. Median and Average Sales Prices for New Homes in the United States. United States Census Bureau (http://tinyurl.com/caoxe9). Retrieved Wednesday, April 15, 2009.
5. Nationwide Building Society of the United Kingdom.
6. “Dow Caps a 4-Month Surge, Closing Above 14,000,” by Vikas Bajaj. The New York Times. July 20, 2007. (http://tinyurl.com/dmpwy6) Retrieved: Monday, April 13, 2009.
7. “Home Prices Fell in ’07 for First Time in Decades,” by Michael Grynbaum. The New York Times. January 24, 2008. (http://tinyurl.com/cnatl4)Retrieved: Monday, April 13, 2009.
8. “The Growing Foreclosure Crisis,” by Dina ElBoghdady and Sarah Cohen. The Washington Post. January 17, 2009. (http://tinyurl.com/9uysgk) Retrieved: Tuesday, April 14, 2009.
9. “Bailed-Out Banks Face Probe Over Fee Hikes: Report.” ABC News Website. April 13, 2009. (http://tinyurl.com/dzxgvn) Retrieved: Wednesday, April 15, 2009.
10. “Bailout is a Windfall to Banks, if not to Borrowers,” by Mike McIntire. The New York Times. January 17, 2009. (http://tinyurl.com/9kxwbw) Retrieved: Wednesday, April 15, 2009.