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February 2008 Archives

Update - bond insurers - ABK & MBI

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I'm back with the same portfolio for SLO2. Because my large positions in ABK and MBI will take a while to play out, I prefer to stay with the portfolio even though my NAV is well under 10. I want to show how I actually invest, which includes holding through in these cases. On Jan 23, I doubled down on ABK, adding 6,900 shares at 8.01, a substantial discount from my original buy at 25.xx. With the stock at 13.xx, that decsion looks good so far.

Both companies have reported 4th quarter and Year end results for 2007, showing substantial mark to market losses as well as actual loss reserves. I listened carefully to both conference calls and updated my workbooks, with particular attention to the adjusted book values (a Non GAAP metric used in the industry) and the adequacy of loss reserves. Also important is developing a feel for how their capital raising efforts are developing. Additional developments include a rescue effort led by the NY Ins Dept., much speculation about possible involvement by billionaire Wilbur Ross, and various rating agency downgrades and pronouncements.

Where I hang my hat is on the price of the stocks compared to the adjusted book values. For ABK, the adjusted book value as pf 12/31/07 is 55.20, with the stock trading at 13.xx, if loss reserves are anywhere near accurate the stock is seriously underpriced. Similarly, for MBI the adjusted book value is 60.31, with the stock trading at 16.xx. In the past, both companies traded in a range with the midpoint more or less equal to adjusted book value.

The adequacy of loss reserves is a difficult issue. The magnitude of potential worst cases losses is also difficult to assess. Both companies had some explaining to do as results for the 4th quarter were far worse than 3rd quarter conference calls suggested. For ABK, David Wallis, who presented, explained that they have changed their approach to what they call a structural or collateral survival approach. Basically what drives losses, and is utilized in this approach, is the combination of rating agency downgrades and the operation of legal provisions in the CDO squared deals. For ABK, this generated a whopping 1.1 billion loss provision related to such deals. For MBI, problems surfaced in the quality of the collateral for HELOC (Home Equity Line of Credit) and CES (Closed End Second mortgage) deals. These were prime, not sub-prime, but 14 deals went bad, due to lower quality collateral than previously seen in such deals. Assumptions used in calculating the reserves included more or less zero recovery from foreclosures, and no effect from rate cuts, fiscal stimulus, or increased involvement by FRE or FNM. The housing market contraction was projected to last 2 years.

I believe both companies have made a strong and conservative effort to assess and accuaretely report their losses, and would not look for further severe adverse development. S&P, Moody's, and Fitch use different methodologies, but arrive at similar estimates of worst case losses. MBI was proactive in raising additional capital and so far has stayed ahead of the curve. ABK was downgraded from triple A to AA by FItch, but they report that they have been talking to credible parties in exploring their startegic options. MBI sounded enthusistic about raising additional capital, but specifics were necessarily lacking. I would guess that their discussions with Warburg Pincus have developed some creative ideas. Both companies generate capital to the extent they stop writing new business - for MBI that figure is about 1 billion per year and over time should ameliorate their situation.

Recent weeks have seen an increased awareness on the part of all market participants of the importance of maintaining stable ratings for the bond insurers to maintain an orderly and competitive bond market. The involvement of the NY Ins Dept and a coalition of 8 banks is a possible plus. Wilbur Ross has given some interviews and encouraged speculation about his intentions. The estimates of how much capital is needed to salvage the industry or make any one insurer fully credible are varied. Egan Jones, an independent credit rating agency hostile to the bond insureres, has estimated 200 billion. WIlliam Ackman, also hostile, has talked about losses in the 20 billion area for ABK and MBI combined. The rating agencies seem to be moving the capital requirements as the situation develops, but as I write this MBI is triple A with three agencies and ABK is triple AA with two. I personally think that the next 500 million will solve the problem for MBI. For ABK, they need to produce Fitch's 1 billion and probably another 500 million. Because these sums are small compared to the potential harm to the entire bond industry and the economy which would be caused by a further loss of credibility, and becuase the actual solvency of MBI or ABK is not really the question, I expect the money will be found somewhere.

I should also add that Gary Dunton, CEO of MBI, talked about the need to be more assertive in combatting the misinformation and disinformation that is being spread about MBI and other industry participants. Spcecifically, company and industry critic William Ackman of Pershing Square has written and said numberous things which need to be contested. MBI made a point of answering any questions put forward by Ackman on their conference call. I am pleased with this approach - as a stockholder, my legitimate interests in my property are at stake and the company needs to defend itself vigorously. I do not want to lose money because Ackman is selling the stock short and elects to support his efforts with negative publicity.

The industry has also come to the awareness that what they were doing with COD sqd and some other transactions was simply too complex. They had lawyers and underwriters designing these deals, the war of weasal words, we'll figure out what it means when something goes wrong, see you in court, so on and so forth. Securitisation is not dead, because the banks prefer to originate and sell mortgages. When it resumes, it will be simpler and more uniform in structure. I don't think the rating agencies, the mortgage originators, the bond insureres, or any other party fully understood the nature of the transactions and the risks they entailed. Now they do. They won't do these things quite the same way again. With the knowledge gained, future transactions will be grounded in economic reality, 100 cents to the dollar.

The business model is sound, but was extended into areas that were not fully understood. Innovation sometimes has unexpected results. But going forward, I think the industry will be a good one. The insurance will have performed its function of providing protection. When that becomes clear, the insurance will again be in demand and a good profit will be possible. Over time, the share prices of both MBI and ABK should tend to revert to approximately 1X adjusted book value, with a corresponding profit to those who bought lower.

Tom

Microsoft and Yahoo - I am not enthusiastic

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By my financially oriented methods, MSFT is worth 40 per share. The company has shown steady growth of revenue and EPS for many years. Margins are ample, and 5 year growth of Revenue and EPS are both in double digits. I think it is also relevent to look at their R&D (12.8% of Revenue) and Sales&Marketing (19.8% of Revenue) as discretionary uses of their Cash Flow - MSFT has huge resources to achieve growth by developing new products, improving existing products, and marketing to appropriate audiences. Their 5 year record of 12.5% compound annual growth in revenues would argue on the face of it that the money has been well spent.

I would qualify that opinion by referring the Keith Barton's take on MSFT http://www.investorplaceblogs.com/users/kbarton10/. VISTA is nothing to rave about, according to my daughter, who uses it. Somehow I wind up paying over and over again to stay current with Office applications, not something I appreciate. Keith's comparison to IBM is apt, MSFT may slowly squander its advantages, steadily diminishing in creativity, while the share price languishes. Often I find that when an outfit with a huge R&D budget starts buying other businesses it is because they aren't getting it done in house - I have seen that in Pharmaceuticals and BioTech. A parallel observation could be made on the Sales and Marketing, why should they have to buy the competition when they have substantial resources to develop business on their own?

Looking at Yahoo, my methods show a value of 19 per share. I shorted it a few years ago and made a little bit of money. If MSFT wants to overpay for it, at 31 per share, my only concern would be whether the overpayment was material to MSFTs share value. The way I did the math, MSFT is worth 39 per share after they buy YHOO, a decrease of 1 dollar, not really material. I would note that YHOO also spends 14.6% of revenue on R&D and 19.3% on Sales and Marketing. If there are any synergies or cost-savings here, and it almost seems like there would have to be a fair amount, then YHOO is worth more to MSFT than it is to its shareholders as a stand-alone company. It may also be worth more to MSFT than it is to anybody else.

I was looking at AAPL the other day, and I was surprised at how much they increased sales of computers, to include their proprietary operating systems. Linux and Unix are still out there. There are alternatives to Office. I think the proposed buy of YHOO is a confession by MSFT that they have not been getting full value on their R&D and Sales & Marketing, which suggests that management is not making fully effective use of their huge cash flow resources. Google dominates the search business, and I would question whether MSFT buying YHOO, which is weakening, will change GOOG's status.

Taking all of this together, I am lukewarm on MSFT and the prospect of the YHOO acquisition doesn't change my opinion. YHOO shares are now trading at a premium and I see no reason to get involved.

DRYS - a potential value trap

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To start with, Marc Faber, in the January 28 issue of Barron's, mentioned DRYS as a short. He is bearish on the US economy and expects our troubles to spread to other economies. He says: "the Chinese stock market is closely correlated with the Baltic Dry Index. Tanker rates have plunged, but the Baltic Dry Index is still in the sky. If you can't short the index, short DryShips (DRYS)." These remarks were made at the roundtable meeting which took place on January 7, and I imagine the advice would still hold.

I started with what I call the Four Metrics Test:

Metric DRYS Industry
Price/Earnings 7.94 15.74
Price/Sales 6.06 4.14
Price/Book 3.57 2.79
Price/Cash Flow Not available

This shows DRYS with an attractive P/E, but with P/S and P/B that are on the high side, and are above industry averages. Because cyclical demand has been so high, it is necessary to form an idea of DRY's long term average earning capacity to realistically evaluate the stock price.

The DryBulk shipping industry consists of transporting commodities such as grain or iron ore, frequently to China and India. Demand has increased rapidly with the growth of the world economy, and capacity is now starting to catch up, as new vessels are put into service. Rates have been at historic highs, but are starting to decline. The industry is cyclical, capital intensive, and commodity-like. The lead time to build a ship is about 2 years. I would imagine it would be similar to the basic chemicals industry, boom or bust depending on supply and demand, with single digit P/Es appropriate at periods of peak profitability.

The source of information on rates is the BDI, or Baltic Dry Index. I searched it, using Google, and found a graph. It has soared in recent years, declining steeply in the last several months, and is just now starting to increase slightly. It is an excellent leading indicator to the world economy. The graph looked an awful lot like a bursting bubble phenomenon to me.

If or when the US goes into recession , if it spreads to China and India, an increased supply of vessels could be competing for reduced demand, sharply reducing rates. Meanwhile, DRYS has been growing at a breakneck speed, on borrowed money.

The industry price metric is TCE, or Time Charter Equivalent. DRYS includes it in their Financial Statements, as does the similar Diana Shipping, (DSX). It is the net figure of voyage revenue less voyage expense expressed as a daily amount: it is dollars/vessel/day. I computed an average TCE for 2002 through 9 months of 2007, using DRYS and DSX figures, which are remarkably similar. I got a figure of 22,350, vs. the 45,525 that DRYS recorded for 3rd quarter 2007.

Using DRYS 3Q2007 income statement, I annualized it and then projected 2008, adjusting for an increase of vessels from 32.84 to 46, and using the average TCE as computed above. Based on these computations, I got EPS of 2.11, compared to the 7.89 DRYS reported for the first 9 months of 2007. DRYS has concentrated on the spot market, avoiding long term charters. This strategy increases profits at times of peak demand but could backfire in a slowdown.

Of interest, DRYS recently agreed to acquire 30.4% of Ocean Rig (OCR), the owner and operator of two Ultra Deepwater drilling rigs. They affirm their continued commitment to drybulk, but think the deepwater drilling is a new field of opportunity. I question this, and would prefer that they stick to their knitting in their current niche. Perhaps the current niche seems less attractive than it did a few years ago.

I would avoid DRYS, based on my estimation of earnings potential at historical average TCEs, which would be 2.11 per share. At a P/E of 15, that would be 32 per share, a long way down from the current 73.28. The business, by its nature, requires the heavy use of borrowed money, so if the going gets tough you have another factor that can create complications. For you momentum players, if you see it heading up and elect to take a flyer, I would recommend a stop loss.

I have had my problems with value traps, sporting an NAV of 8.2, and so lately I have been thinking about how to define one. A tentative definition: A Value trap is a situation where an investor can lose serious money by buying a stock that is trading very low to some basic measure of value. DRYS, at a P/E of 7.94, may very well fit that definition.

Changing Strategies

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After a frustrating year in 2007, I have decided to modify my strategy. What I had been doing was essentially value driven, looking at 5 year average earnings or at P/B and buying stocks that were low in their historical range. I spent considerable time on Financial statements, press releases, etc., in an effort to pick winners from among these value candidates. Results have not been good.

This method does not specifically consider momentum, and much of the literature on value strategies suggests including a momentum factor. Back in 2001-2002, I got into a pretty deep hole looking for value among beaten down tech stocks, primarily Semicondutor Equipment, Software, and Electrical Equipment or Components. At that time, I weeded through my portfolio, relying on ratings provided by my brokerage (Schwab), and what remained after several months of that procedure performed extremely well. Their current system provides a percentile rating for many stocks, based on a large number of factors: but, in my opinion, it includes heavy consideration of momentum, which I have been neglecting/ignoring.

I am now transitioning my portfolio, removing stocks which receive less favorable ratings from both Schwab and my methods, and replacing them with stocks that look good under both methods. Hopefully, this will produce a selection of value stocks that also have upward momentum. My problem has been, that I have cheap stocks that have been getting cheaper.

As a start, I sold my UPS - I still believe its a good buy, but suspect price movement will not be rapid.

I replaced it with NVLS, a semiconductor equipment firm, currently trading at a P/E of 13.7. As a kicker, Dr. J(on Najarian) on CBOE TV noted heavy volume in the June 25 calls on 2/7/2008, 3,588 calls traded vs. an open interest of 925. It is possible that someone has information which makes them optimistic about NVLS, and elected to act on this by buying the calls.

I don't think its a good idea to make radical changes in strategy, because first one thing works and then another. However, I expect that by adjusting my value strategy to include a strong consideration of momentum I will be able to improve results.

Tom


Bond insurers update - MBI & ABK

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Events continue to unfold in the ongoing saga of my investment in bond insurers MBI & ABK.

Warren Buffett very kindly offered to put them out of the municipal bond insurance business by reinsuring 800 billion of their combined portfolios at 1.5 X the premium they received. He presented it in a manner that suggested he was doing the world a favor, and their stocks rallied briefly until investors read the offer more carefully and noted the negative implications for bond insurers - that they had no recourse but to be bailed out by the Oracle of Omaha, that they should hand over their extremely profitable business, that they in point of fact would not be able to pay the claims if Warren didn't step in. Of course, none of this is true, and Buffett, having had a look at their operations while discussing possible deals, knows that as well as anyone. He seems to be falling short of his reputation for humility and decency.

It should be noted that Berkshire Hathaway has been able to command two times what had been the going rate for municipal bond insurance, which answers the question of whether there is a need and a demand for the coverage. I think it also should make market participants extremely wary of becoming dependent on Berkshire Hathaway. Buffett appreciates the earning power of a monopoly and he would be glad to secure one, if he can, especially if he can also be hailed as a savior in the process.

I enlarged my position in MBI after they completed their stock offering successfully, and again as the stock declined after Buffett's bombshell. Nothing Warren says changes their balance sheet, which has been strengthened by their recent stock offering.

Tomorrow there will be a hearing before the subcommittee of the U.S. House Committee on Financial Services. According to an article from Reuters, MBI in written testimony is taking issue with William Ackman's participation as an "industry expert," noting that he is a short-seller. They go on to suggest that "half-truths and misleading information" should be "investigated and curtailed." I applaud this move on their part. As mentioned in my previous post, "The True Moral Hazard," I think the activities of those who intended to profit from the turmoil in sub-prime and the credit market have exacerbated an already difficult situation and endangered our financial system.

Curiously, I received under the guise of news a couple of blogs that referred to a so called open source Excel Workbook, prepared by Ackman, and purporting to develop estimates of ABK's and MBI's losses using a drill-down method. According to the author of this blog, the losses were "unexceptional." This is an example of the sort of information/disinformation that floats around the blogosphere. As a shareholder of both companies, I emailed them and suggested they secure a copy of this workbook, if it exists, analyze it, and comment publicly.

In the absence of hard information from other sources, I continue to rely on the company's latest loss reserves, which are prepared using conservative assumptions and which have been scrutinized by CPA auditors. The point being, auditors have a definite awareness that this is a sensitive area and I am sure they are putting forth their best efforts. Witness the situation which developed around AIG's bond insurance business - their auditors wrote them up for defective internal controls because they didn't have information to back up an adjustment to their Mark to market losses. I note the stock tanked although the news really didn't change the actual loss picture at all.

In terms of solutions to industry problems, I take issue with John Freeman's suggestion that the bond insurers are or soon will be insolvent and that an appropriate solution would be for the government to sell their bond business to Buffett and then guarantee sub-prime to the tune of 250 billion. His blog is not set up to accept comments or I would post one there. To begin with, not all bonds backed by sup-prime collateral were insured, and MBI and ABK as of this moment have claims paying resources large enough to pay the maximum probable losses on what they insured, well in excess of any realistic estimate. Their primary problem is the inability to raise capital under affordable terms, due largely to the hysteria whipped up by short-sellers and a sensationalist press, coupled with the moving target provided by the rating agencies, who are changing their methods and requirements at regular intervals, basically to appease a market that is angered by their role is creating the sub-prime problems. For MBI and ABK, and the whole credit system, a government guaranteed line of credit of a few billion would stop this whole thing dead in its tracks. Dirt cheap at the price and even that wouldn't be necessary if market participants were more resolute in looking at things more from the standpoint of the facts and less from standpoint of hysterical fears or greedy manipulation.

As a concluding remark, I am in the process of modifying my investment strategy and transitioning my portfolio accordingly, to consider momentum factors as well as value. Among other things, that means is that going forward I will not involve myself in situations where there is heavy traffic in misinformation, distortions, and half-truths. The point being, a sufficiently determined band of short-sellers can create amazing negative momentum. However, I have carved out a special place for my positions in ABK and MBI and plan to hold them until the questions about their ultimate losses and capital adequacy are clarified by future events. I expect to show a profit, or at the least a serious reduction of my current unrealized losses.

Tom

Insurance as Political Football

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Insurance as a Political Football is an old American pastime: in point of fact, insurance is the ideal political football - it is poorly understood, everybody has a stake, money is involved, crises can be created, and there are no body bags, amputees, PTSD cases, or other horrible consequences to pay when the game is over. Only religion is better, but that game is discouraged in this country. Of course Political Football has a lot to do with bond insurers ABK and MBI - it defines the current state of the bond insurance industry.

My task as an investment manager is to consider the current political climate as it affects my investments, so I went on the Internet and located the website for the House Committee on Financial Services, where there is information on the hearing on The State of the Bond Insurance Industry, held on Feb. 14. I could have listened to the oral testimony, but in the interest of avoiding severe heartburn I contented myself with reading the Prepared Testimony. By my nature I am far more comfortable with facts and figures than with politics, but here is my take on the politics:

The main source of political support and power here is the interest of debtors and debtholders in the municipal bond industry - the states and municipalities who issue debt and need triple A ratings to get the lowest price, and the pension and retirement funds that are required to hold triple A debt, much of it municipal. NY Governor Spitzer, and NY Superintendent of Insurance Dinallo, who are the primary regulators here, have determined that their biggest political advantage can be derived from protecting the interests of the municipalities and those who own municipal debt. Spitzer will direct Dinallo to put money in anybody's pocket who can make municipal bondholders secure, and Dinallo will stretch or exceed the authority of his office to meet this directive.

Dinallo, with the wisdom of Solomon, has offered the suggestion that they cut the beastly babies in two. Bond insurers can be separated, with the good half being the municipal bond insurance and the second, evil half the Structured Finance. FGIC, a monoline bond insurer that is not publicly traded, and is more seriously undercapitalized, has apparently accepted this alternative. Its second half is particlarly evil. Ambac President Callan has commented that the split offer would be among their alternatives, adding that the two businesses would be of interest to different types of investors, which I would take to be an endorsement of the political attractiveness of the idea.

By different types of investors, I think he was less concerned with shareholders such as myself than he was with potential providers of capital. Wilbur Ross, for example, has been circling this situation interminably, and has an interest in the sub-prime area. He bought American Home, a sub-prime lender: what could be more natural than to buy a Structured Finance Insurance company, which would have the alchemic ability to turn sub-prime plutonium into some kind of higher valued metal, perhaps gold, more likely silver, would you believe lead?

Buffet, having rewritten the specs for the municipal bond insurance business to his entire satisfaction, will benefit somehow. The specs now are, that the rate is 50% higher than it used to be and the insurer holds more capital than would ever be needed to pay claims, which historically have been negligible. Whether he infuses capital, on his terms, or buys outright, on his terms, or has the business handed to him by Dinallo, I don't know.

The importance of the specs is, when you split the baby, or divide the Siamese twins, which half keeps the vital organs, or, in this case, the capital. Municipal bond insurance, according to the rating agencies, does not require very much capital. According to Buffet, it requires more money than God. I think Dinallo will tread a fine line, favoring the municipals, but eventually fiddling the regulations so as to make Structured Finance half acceptable from the point of view of statutory capital adequacy. Bear in mind that both MBI and ABK have an ample excess of statutory capital and they are in no way anywhere near insolvency.

Fitch's role among the rating agencies has been as the heavy. They have now upped their estimate of cumulative losses form 2006 sub-prime to 23%, which is totally beyond anything that will occur. It will be like 15% in my opinion. Try the math: if the collateral is worth half of what it should be, and half of the loans are foreclosed, then cumulative losses are .50 X .50 = .25. Half of these mortgages are not going to end in foreclosure, because house prices are still increasing in half of this country and because that many people put out of their homes will not fly politically. Homeowners are a large constituency and this hits them where they live.

Where does all this leave MBI and ABK? MBI is still triple A - they are playing for the role of the survivor with unblemished ratings, and the ratings agencies are going to be under some pressure to back off and let time provide a factual answer to the loss potential. MBI has plenty of capital, so I don't think there is too much dilution left to be perpetrated no matter how this plays out. Allowing for dilution so far, adjusted book value is in the area of 39 per share. With the stock trading at 12.20 I will continue to hold and may enlarge the position if it moves against me.

The range of outcomes for ABK is less clear. As of this moment, there has been no dilution, and management has affirmed their intention of keeping shareholder interests in the picture. If this takes the form of a rights offering, I will participate fully. The "cut the beastly baby in two" approach raises a classic investment question - is the whole equal to the sum of its parts? How do we do the math? Adjusted book value is 55.20, the shares trade at 10.10. Now we split it in two. Is the municipal bond business worth 1 x book value? Yes, always has been. That would be 27.60. Is the Structured Finance worthless? Hardly, it's a nifty speculative investment: when all those Mark to Market losses reverse to zero (provided there is no actual impairment, don't forget the weasel words), value will remain? Do I hear 5? 10?

Here's the rub. The great partitioners say "Here's a slice for the jackals, here's a couple of ribs for the hyenas, and let's dole out a few messy beakfulls (or is it beaks full) for the vultures." How much of the 55.20 will be left for Tom? Of course ABK isn't dead yet, its just a triple A rated company that has become the target of a witch hunt, instigated by a short-seller, perpetrated by politicians, stabbed in the back by the rating agencies that created its business model. With my average cost at about 18, if the feeding frenzy can be kept to half of the value I will still make out fine. If they only get a third, it will be excellent. Stay tuned. See you in court.

Tom

PS Have you been watching the game in Florida, Allstate vs. the Politicians? Bush league, totally bush. Same down in New Orleans, Louisiana politicians vs. the Insurance Evildoers, Katrina situation. That wasn't much good, the facts were too clear.

You want to see the Super Bowl? watch Social Security, technically OASDI, Old Age, Survivors and Disability Insurance. Insurance, the magic word, everybody has a stake, there is money involved, no body knows the facts, its complicated, you can create a crisis, no body bags, excellent for political posturing, this is America...have a nice day.

Lets Parse a few Sentences from the WSJ on ABK

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This morning's WSJ has an article on two of my favorite topics, ABK and gambling. It will be instructive to review a few quotes:

"It (the plan to divide Ambac) would pit policyholders and shareholders against both each other and regulators, and rankle investors, some of whom have been wagering through the credit-derivatives market that bond insurers would fail and default on debt."

Isn't there an oxymoron here? Investors who wager? Gamblers wager, investors invest.

Lets go on:

"Any split could imperil billions of dollars in play by banks, hedge funds and other debt investors who have been betting on the demise of the bond insurers."

More investors, now they are betting, not wagering. Gamblers bet, Investors invest.

Yet once more:

"The increases mean that hedge funds and other investors that bought these swaps to bet on the detioration in AMbac's finaancial health have profited as fears over the bond insurers' solvency have grown."

Hedge funds and other investors? Isn't that an oxymoron too?

This is too amazing, how many ways can they say it?

Finally, I will be deeply saddened if this ends in a way that rankles "investors" who have been wagering (and betting) (and gambling) that fear (spread by whom?) could continue to inflate the value of credit default swaps on the debt of triple A rated companies. That would be horrible, an affront to our system, to "rankle" that group.

I sent these comments, together with the following, to the authors of the article:

Re: Moral Hazard created by Credit Default Swaps

I am a private investor, retired after a career in insurance and accounting. I am writing to draw your attention to a situation which I believe has contributed to the recent credit market difficulties, and will continue to do so unless the underlying issues are addressed and resolved.

Moral hazard is created by a financial system which permits the use of insurance-like mechanisms to make leveraged bets in favor of negative outcomes by persons who have no other stake in the matter. Specifically, the practice of permitting the purchase of Credit Default Swaps by persons who have no interest in the debt involved has been a major contributor to the recent turmoil and stress in financial markets.

To provide a little background: the term "moral hazard" originated in the insurance business, to describe a situation in which the presence of insurance would create an active desire for a loss to occur. An example would be if someone were able to buy insurance on a house he didn't own, or to purchase life insurance on an enemy or a complete stranger. Moral hazard is created by the lack of an insurable interest in the life or property insured.

What does that have to do with investments? Credit default swaps are insurance-like mechanisms, created to permit hedging or protection by those who are exposed to loss because of an interest in the subject matter. An organization holding notes of ABC Company is exposed to loss caused by default on the notes, and a credit default swap will provide insurance.

Buying a credit default swap on a security backed by sub-prime is insurance, a very good idea for those who actually own the security.

But I would submit that these mechanisms create moral hazard when used for speculative purposes. A determined group of short-sellers can short a companies stock, go long credit default swaps on the same company, and create the appearance of a disaster in progress, meanwhile lining their own pockets at the expense of legitimate investors. That is the true moral hazard. CDSs, when they are not called for by an interest in the referenced debt, are an invitation to the financial equivalent of arson. I believe that this has happened in the bond insurance industry, where a determined attack by a small and extremely vocal cadre of short-sellers, motivated and driven by a desire to create Events of Default on the debt of MBIA and Ambac, has exacerbated an already serious problem.

As a fix to the system, I would suggest that the SEC establish some sort of a watchdog unit to monitor and suppress speculative activity in credit default markets. Perhaps anyone buying such instruments should be required to file a statement of insurable interest. If you would like to buy credit defaults on ABC Company, just list the bonds you own. Free markets are one thing, moral hazard is another. Alternatively, Credit Default Swaps can be regulated by the states as insurance, which in point of fact is what they are. The regulations would include a requirement of insurable interest.

Leaving aside my opinions on the possible solutions, I am suggesting that research into the scope of trading in Credit Default Swaps, particularly those that are not supported by an insurable interest as described above, will provide useful information on the causes of the current market turmoil.

As a shareholder who invests in Ambac and MBIA, I am "rankled" to say the least to read articles which matter of factly address the concerns of investors who "wager," bet," and "gamble" as if they needed to be considered.

I also have written my congressman, the SEC, the Federal Reserve, and the Editors of Barron's expressing my concerns. If you are troubled by "Investors" who wager, bet and gamble against legitimate businesses and then attempt to influence the outcome by acting as fear-mongers, I would suggest you do likewise. If you are frightened at the potential harm they may cause our financial system, then do it today.

Tom



Portfolio review, starting with bond insurers ABK & MBI

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The past week has been hectic as the bond insurance crisis has drawn increasing attention due the NY Insurance Superintendent Dinallo's efforts to bring the parties together to arrive at a solution. In particular, his willingness to permit a split of the bond insurers between municipal bonds and structured finance (good bank/bad bank) has drawn a lot of public debate and analysis of the effect on various stakeholders. I have a lot of opinions on the issues, but staying on task entails reviewing my portfolio in terms of recent developments and making any changes required.

The two largest positions are bond insurers Ambac (ABK) and MBIA (MBI), in which I have substantial unrealized losses. My original thesis, that their losses from sub-prime would be manageable within the context of their existing capital structure, has been shattered. For MBI, I took a ride from 31 down to a low of 6.75: for ABK, I went from 25 to a low of 4.50. Both have rallied off their lows, MBI is at 12.29, and ABK stands at 10.90. I have added to both positions since they hit their bottoms, and achieved some reduction in my losses by doing so. There has been a deluge of new information, and I need to re-evaluate my positions accordingly.

Sunk Costs - When I am doing it the way I think I should, I make my investment decisions without considering the size of my unrealized gains or losses. For ABK and MBI, my unrealized losses are a sunk cost - I look at their market price today, compare it to my best estimate of a target price and date, and make my decisions accordingly. While this decision making technique is logical, it can let you dig a pretty deep hole on a stock that continues to decline, as these have done until recently. Those who cut their losses at 10% or 20% can only shake their heads in wonder.

Ambac rallied 20% late Friday, on rumors of an impending capital infusion by a consortium of banks who own debt it has insured. Ambac has publicly stated that splitting the company is an option, and commentators have suggested that recapitalizing the company would be a necessary first step to the split. Ambac also notes that it owns Connie Stevens insurance, licensed in 47 states and available as a vehicle for the split. Options activity on ABK has featured the heavy buying of calls - on Friday 22,844 of the March 10 Calls traded, vs. an open interest of 21,556. For the May 10 Calls, 25,798 traded vs. and open interest of 5,646. Something is moving around under the water: information is leaking out, or misinformation is being spread. New York Governor Spitzer asserted on the 14th that he would be imposing a 3-5 day deadline on the parties. Now everyone wonders, was that calendar days, Governor, or was it working days?

My replacement thesis holds that the outside limit for losses can be estimated by referring to S&P's estimate of the same, published after it revised its estimate of 2006 sub-prime cumulative losses from 14% to 19%. That thesis is supported by Fitch's testimony before the House Committee on Financial Services - Fitch has a 23% estimate of cumulative 2006 sub-prime losses but does not envision insolvency issues for either MBI or ABK. Based on this interpretation, I see most of ABK's 12/31/2007 adjusted Book Value, 55.20, as being available to support the share price, currently 10.90, normally around 1 x adjusted book. The question is how much will be lost to dilution or as profit to those who participate in creating the solution.

Mike Callan is serving as Ambac's CEO, and he gave an interview in the WSJ, published Feb 14th, in which he noted that negotiations are all about time, urgency and deadlines, adding "you have to be willing to walk away from the table." Ambac cited difficult market conditions and shareholder concerns about dilution when it cancelled an earlier equity offering. I see grounds for optimism, that management will not give away an excessive amount of shareholder value in forging a solution. I am planning to hold until word about the outcome of the recapitalization negotiations comes out. When that occurs, it will in all likelihood include some dilution of shareholder value - my decision making process will be to recompute the adjusted Book Value per share, compare that target to the current share price, guess at a time frame for the price to recover and , and take it from there. In point of fact today's WSJ has an article, citing "sources close to the matter," which sees 2.5 billion equity and .5 debt. Perhaps the equity part is a back stop arrangement to a rights offering, in which case my decision is whether to participate at the price available. I put some assumptions into my spreadsheet and I am ready to decide quickly.

I think a sale of either half of the business is somewhat unlikely, because of issues around which half gets how much capital. The rating agency models say that the municipal bond business doesn't require much capital, but Buffet's munificent offer put a large amount of capital on the table, in effect proposing a model for the municipal bond insurance business that is more capital intensive than before. The politics of the situation leans that way. But if the structured finance half requires most of the capital, in effect it would be over-capitalized in my view, which holds that expected losses are over-estimated by most players. I see a shell game, in which the excess capital is the pea. If either half is sold, I have no control over the outcome - it's up to management to negotiate in my interest. If, as I would prefer, the split is effected by spinning one half off to the existing shareholders, I can evaluate each half separately and take it from there.

For MBI the situation differs in that they were proactive in raising capital, incurring serious dilution for shareholders, and paying an excessive rate of interest on the Surplus notes. Recent news is mixed - CEO Gary Dunton was replaced by his predecessor, Jay Brown, which drew little comment. My take was that Gary was a good enough manager under normal conditions, diligent and conformist, the captain at the helm on a serene cruise. The change may reflect the board's opinion that a more assertive style may now be in order, a tougher player in the game of political football: also, the new CEO is not associated with the bloodbath incurred in the interest of raising capital. Brown wrote a letter to shareholders, I responded with a doctoral dissertation, explaining what he needed to do. I felt better afterwards. Moody's downgraded Capital Re, which is 17% owned by MBI, and which reinsures a chunk of MBI's business, from AAA to AA3. MBI withdrew from AFGI, their trade association, citing reasons that did not seem to carry too much weight.

I was surprised and pleased to receive a brief note from Jay Brown, responding to my communication. He is a shareholder, 618,000 shares, and his views on industry issues are in many ways similar to mine. Based on his concern to include shareholder interests in the mix of what needs to be considered in arriving at solutions, I will be holding my MBI with more confidence, monitoring developments.

Olin (OLN) reported that they had invoked force majeure on deliveries of caustic soda. That means they are excused from honoring their contracts, due to conditions beyond their control. They cited weather, operating problems at certain plants, and reduced demand for chlorine, which has storage limitations and is produced in a fixed ratio to caustic soda in the Chlor Alkali process. I had reduced my OLN position somewhat in the interest of compliance. This is going to hurt their profitability short term, but I am planning to hold through, based on my opinion of long term potential.

I own some Homebuilders, TOL and RYL, they have at times been near their midpoint compared to their new book values, which include a lot of writeoffs. I reduced the positions a few weeks ago, near a high point, and now I am starting to think about "phantom" book value. I have seen commentators discuss how the mark to market losses on land and developments in progress may facilitate greater profits when housing recovers, so that the writeoffs need to be kept in mind when considering what their assets really are.

Applied Materails (AMAT) reported, better than expected. Significantly, Solar is beginning to ramp for them. The stock has rallied on the news, which supports my thesis, so I continue to hold.

Masco (MAS) reported, a disappointment and weak outlook. They are in building supplies, this is hardly surprising. I am holding based on long term potential.

BJ Services (BJS) is in oil and gas services, and has been rallying with the higher price of oil. I consider the stock seriously undervalued and will continue to hold.

JNJ is basically a safety/security ploy, undervalued but unlikely to move rapidly. I am holding the position, although it can be liquidated if I need funds to respond to developing opportunities.

Allstate (ALL) is an old standby, I love insurance, it's undervalued and I will hold. The position is unlikely to move quickly and is available to liquidate if I find a better use for the funds.

Novellus Systems (NVLS) is a recent addition, a semiconductor equipment maker, attractive on the basis of P/E, P/B, etc. The industry is not much in favor now, cyclical slowdown, but my new strategy of using my brokerage's recommendations as a momentum factor, to combine with my value factors, suggests this will perform well.

Monday and Tuesday could be exciting. The market rallied on the Ambac news Friday, and possibly a successful resolution early next week could provoke another rally.

Tom

Phantom Book Value

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Phantom Book Value is a phrase I have coined in order to put a name on a concept I have seen several times in recent investment commentary. When a company writes an asset down to market value, this reduces book value and earnings, but book value will recover if the asset subsequently increases in value, generating future profits. The past few quarters have featured a deluge of mark to market losses - I am questioning whether some of the blood in the streets may not be ketchup.

Homebuilders would be a good place to start the discussion. I follow homebuilders and have a small position in my SLOport and a somewhat larger amount in my personal portfolio. They have been assiduously taking losses on inventory, some of it by abandoning options, but some of it by marking land and lots to market. I have been monitoring their price level by comparing it to book value, looking for them to recover to the historical midpoint on P/B. I recently reduced the positions somewhat because they were getting close to that target. But looking at my profits on the holdings, and noting that the homebuilders tend to rally early in a recovery - they seem to be trying to rally now - I begin to wonder, if business picks up a little and if they are selling from marked down inventory, wouldn't that make for profit improvements?

Another point, Lennar (LEN) on 11/30/2007 announced a deal with Morgan Stanley, whereby they formed a joint venture that bought a diversified portfolio of land from Lennar. This was land that had been marked down. Lennar has a 20% ownership interest, but 50% voting rights, and the right to receive a disproportionate share of profits if certain goals are met. I read a good analysis, it is like the holy grail of tax minimization/avoidance, so on and so forth. What you have to wonder about is how management of any homebuilders you may own deals with the phantom book value of marked down assets. The phantom values may return to life after making their way off the books to other entities, controlled by whom?

Financial generally may be a fertile field for this line of thinking. There literally is no market for many bonds backed by sub-prime, and many banks and insurance companies have taken mark to market losses on bonds that may in point of fact revert to full value as they are paid off and mature. There is always something left, and some bonds that are trading at 30% of face value may be worth 45% of face value, a 50% increase.

It also could be a fertile ground for activity along the lines of the Lennar deal mentioned above, selling marked down assets out to an entity controlled by whom? You may be grateful if you own or buy stock in a company that has held its mark to market losses rather than liquidating in a distressed market.

Based on the idea of Phantom Book Value, I think some careful shopping in Homebuilders, Insurance Companies, and Banks might produce some nice gains as recovery proceeds and the markets return to normal.

Sirius Radio - avoid SIRI

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I would avoid SIRI because I am unable to project a time when it will be profitable as a stand-alone entity. I took the past 5 quarters of income statements, put them into a spreadsheet, and used Excel's Forecast Function to fill in the next three quarters. The company never shows a profit, and losses continue more or less at the same level as Q4 2007.

The primary driver is a slowdown in Subscriber Revenue growth, quarter to quarter, which goes like this...14.1%, 9.9%, 8.2%, 0.4%...growth is hitting the wall, fatal to what has been an exponential growth story. There is no way the decreasing growth trend can support a price/sales ratio of 4.8.

That leave the investor dependent on the merger with XMSR, which seems a long-shot due to the need for regulatory approval and the fact it would end competition in satellite radio. Many media type stocks can be sustained indefinitely by the possibility of merger/acquisition at premium prices, but that not something I would bank on here.

Tom