April 18, 2024

Debt Ceiling Uncertainty Puts States at Risk

Maryland is postponing a bond sale that had been scheduled for Friday, after the state was warned that its credit rating would probably be lowered in the event of a federal downgrade. California, which typically issues short-term bonds at this time of year, is working to arrange bank loans instead, citing the market uncertainty. And state officials across the nation are trying to figure out what will happen to the federal payments they rely on for everything from Medicaid to unemployment to highway construction if a deal is not reached to raise the debt ceiling by the Aug. 2 deadline.

States whose economies rely on the federal government — including Maryland and Virginia, home to many federal employees and contractors — are at the greatest risk if there is no agreement and Washington has to decide which payments to make and which to skip. They were among the states warned by Moody’s Investors Service this week that their credit ratings were being jeopardized by Washington — which would make it more expensive for them to borrow for costs like construction, through no fault of their own.

“For nearly 75 years we have worked hard to earn the highest credit ratings from all three rating agencies,” Gov. Bob McDonnell of Virginia, a Republican, wrote this week to President Obama and members of Congress, urging them to raise the debt limit. “Now your failure to get the job done is hurting the businesses and citizens of our commonwealth.”

Many state and local officials are still hoping that a deal will be reached, averting a situation in which federal payments to the states could start to be cut in August. But a number of states have begun preparing for the worst.

Ric Brown, Virginia’s secretary of finance, said that it was a difficult task, made much more difficult by the lack of concrete information coming from Washington. “What you’ve got at the federal level, let’s face it, is outright chaos,” he said in an interview. “It’s hard to make sense out of that.”

In Maryland, the uncertainty over what will happen in Washington is complicating the state’s plans to sell bonds for school construction and to refinance some existing debt. The sale was pushed back to Monday after the state was warned that the debt ceiling debate could harm its credit rating.

Of course, if the debt limit is not raised and the federal government cannot meet all its costs, states and localities will face a new set of more serious problems. The National Conference of State Legislatures told members this week that there was little experience to guide their many “what if” questions, citing instead “a potpourri of ‘coulds,’ ” including the possibility that the federal government could pay its debts in the order in which they were received, or could prioritize which payments to make.

If the federal government were to stop paying some employees or contractors next month, or were to hold back Social Security checks, it could have a “profound effect on state and local tax revenues,” according to a report issued this week by the Pew Center on the States. On top of that, a delay in the payments that states and local governments rely on would pose cash-flow problems for many states. The Pew report noted that the federal government owed $10.4 billion in tuition assistance next month, when the academic year begins.

August is also the peak of the road construction season. In June, the states got $4 billion worth of reimbursements for transportation projects from the federal government, said Jack Basso, the director of program finance and management for the American Association of State Highway and Transportation Officials. Now the association is trying to figure out whether money in the highway trust fund — which comes mostly from the federal gas tax — would be protected if the debt limit were not raised.

An interruption in payments would put states in a bind, Mr. Basso said, since they use the money to pay private contractors. “They would have to face ‘How are we going to pay our bills?’ ” Mr. Basso said.

California had been preparing to issue $5 billion worth of short-term bonds next month, but now its treasurer, Bill Lockyer, is seeking to put together a bridge loan with banks instead.

“Given the situation in Washington, the treasurer decided it would be prudent to develop a contingency plan, a Plan B,” said Tom Dresslar, a spokesman.

Mayors are also watching the debate in Washington nervously. Several said in interviews that they were not worried in the short term. But some, including Mayor Ralph Becker of Salt Lake City, said they were worried about the general economic harm that a federal default would cause. “We all fear and see the specter, the dark clouds that would hide our beautiful blue skies and mountains,” he said. “It’s hanging over us.”

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European Bankers Meet to Refine Greek Debt Plan

Even if rating agencies declared Greece to be in default, it might be possible to design a plan where the country would emerge from default within days or even hours, said a senior German official, who could not be identified because of the sensitivity of the matter.

Officials hope such a controlled default might ease Greece’s debt burden while minimizing the risk of unleashing unpredictable market forces. Some bankers have warned that a decision by Greece not to repay the full value of its bonds could touch off a panic that would rival the collapse of Lehman Brothers in 2008. The European Central Bank has said it would oppose any plan that was not completely voluntary.

The official’s comments came as French and German bankers and representatives of central banks met in Paris on Wednesday to discuss ways out of the crisis, which sharpened further late Tuesday after Moody’s Investors Service cut Portugal’s debt rating to junk status.

The European Commission’s president, José Manuel Barroso, said Wednesday that Moody’s decision to lower Portugal by two notches and maintain a negative outlook was fueling speculation in financial markets, Reuters reported. “Yesterday’s decisions by one rating agency do not provide more clarity,” he said in Brussels. “They rather add another speculative element to the situation.”

Finance Minister Wolfgang Schäuble of Germany said Wednesday that he could see no justification for Moody’s downgrade of Portugal’s debt and believed limits should be put on the rating agencies’ “oligopoly,” according to Reuters.

Moody’s action fed anxiety that Greece’s problems could be contagious, threatening other countries like Spain and perhaps even the integrity of the euro area.

Officials in countries like Germany, the Netherlands and Finland are trying to appease citizens angry about having to pay for a Greek bailout. It is unclear, though, whether the plans put forward so far would do much to ease the financial burden on Greece.

According to the most optimistic assessments, banks would contribute about €30 billion, or $43 billion, in debt relief to Greece by agreeing to swap maturing bonds for new ones with longer maturities. That sum would be less than 10 percent of Greece’s outstanding debt.

The €30 billion figure is probably a reach. German commercial banks have only about €2 billion in Greek bonds that would be part of a rollover plan.

Critics in Greece and elsewhere have complained that the long debate about involving bond investors has only exaggerated the country’s plight by creating uncertainty and undermining efforts to find buyers for government assets that are for sale.

Plans to rope banks into a Greece relief package suffered a setback Monday after Standard Poor’s said that a proposal by French banks to help Greece to meet its medium-term financing needs would constitute a de facto default because banks would be required to roll over loans for a longer term at a lower interest rate.

French and German bankers were scheduled to meet Wednesday morning at the headquarters of BNP Paribas in Paris with central bank officials, under the auspices of the Institute of International Finance, an association of the world’s biggest financial companies, to discuss how to proceed, said people briefed on the plan who were not authorized to speak about it publicly.

“We’re continuing to work for a possible solution,” Michel Pébereau, chairman of BNP Paribas, the biggest French bank, said Tuesday at the Paris Europlace conference, a gathering attended by hundreds of international bankers. If the current ideas do not work, Mr. Pébereau said, “we’ll come up with something else.”

The issue will also be discussed by European finance ministers when they hold a regularly scheduled meeting next week, but a decision then is unlikely, the German official said.

Mr. Schäuble, the German finance minister, has been a leading proponent of involving holders of Greek bonds, by encouraging them to swap existing bonds for new ones that would be paid back over a longer time period.

In a letter June 6 to other euro-area finance ministers as well as top officials at the International Monetary Fund and European Central Bank, Mr. Schäuble said that the private sector contribution should be “quantified and substantial.”

“There is a realistic chance to minimize the negative impact on financial markets while at the same time reaching the necessary burden sharing between taxpayers and investors,” Mr. Schäuble said in the letter.

The German government official said Monday that Mr. Schäuble’s statement was still considered a basis for discussion.

Moody’s cut its rating on Portugal’s long-term government bonds Tuesday to Ba2 from Baa1 and said the outlook was negative, suggesting more downgrades might be in store.

Liz Alderman reported from Paris. David Jolly contributed reporting from Paris.

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Square Feet: Commercial Lenders Take Step Into Riskier Deals

An increasing number of financial institutions are vying to make loans on commercial real estate now. But many buildings are still drowning under heavy debt loads, leaving few properties that can support new borrowing. This means that banks, insurance companies, hedge funds and others are competing fiercely to underwrite the few viable loans that are available. Because of the competition, some lenders have begun to compromise their underwriting standards, say ratings agencies and market professionals.

“We are deeply concerned,” said Tad Philipp, the director of commercial real estate research for Moody’s Investors Service. “Underwriting standards have gone from very good in 2010, to just O.K. this year, and we want to make sure they don’t drift into risky territory.”

Commercial loans are big business. At the peak of the market, in 2007, commercial mortgage-backed securities, which are bonds backed by pools of commercial real estate loans, were a $243 billion market, according to the research company Trepp. The market then stalled and reached a nadir in 2009 with only $2.4 billion in issuance. The market began to thaw last year and 12 deals totaling $12.6 billion were completed. Most of the loans underwritten last year consisted of top properties in prime markets, where there was very little risk of default.

This year, the deals have picked up significantly. So far, there have been 16 deals for $16.8 billion, Trepp said. Some of these deals include properties in Oklahoma and Kansas, and even hard-hit markets like Florida and California. Some of the assets are also less stable, with lenders underwriting deals for mobile home parks and self-storage units.

At the same time, metrics used to judge possible defaults are indicating more risk. Increasingly, appraisers are taking into consideration higher future rents and occupancy rates, rather than using only current figures. Inflated appraisals were common during the market peak but disappeared after the crash. There are also more interest-only loans, where the borrower pays interest on the loan but does not pay down the principal, with a large balloon payment due at the end of the term.

Appraisers say their figures are not inflated, but rather reflect the improving market in some areas of the country. “It is important to point out that commercial real estate is a two-tier market: there are distressed properties and markets and premier properties and markets,” said Leslie Sellers, the 2010 president of the Appraisal Institute, an industry group that has more than 24,000 members. Appraisers are accounting for a rosier future in only those top-tier markets, he said. “If we didn’t do that, we would be remiss.”

A sharp increase in the number of commercial real estate lenders is mostly driving the surge in mortgage-backed securities. Large banks like Bank of America, Citigroup and Goldman Sachs have resurrected their commercial mortgage-backed securities, also known as C.M.B.S., lending again after the downturn, while new players have also entered the market, like Cantor Fitzgerald and the hedge fund giant Citadel.

“Banks need to generate earnings, but they aren’t underwriting many new mortgages or other loans, so securitization is a very attractive option,” said K. C. Conway, the executive managing director of real estate analytics at Colliers International.

Insurance companies and foreign investors are also lending as they look to rotate into hard assets and out of cash and other investments that are vulnerable to inflation, Mr. Conway said. In the search for hard assets, the commercial real estate market is attractive because it is widely perceived to have bottomed out.

Yet there are only a relatively small number of properties that are not highly leveraged and in a position to borrow funds. According to Trepp, over one trillion dollars’ worth of commercial real estate loans due in the next five years are still underwater, meaning the market value of the properties is less than their debt.

“It is the classic scenario of too many dollars chasing too few deals,” said Peter J. Mignone, a partner at the New York office of the law firm SNR Denton.

With so few opportunities, lenders are facing multiple pressures. To create bonds, they must pool together several commercial loans, but with so few strong borrowers, “their only choice is to leave the primary markets and look to the secondary and even tertiary markets to fill up these loan pools,” said Lawrence J. Longua, a clinical associate professor at the Schack Institute of Real Estate at New York University.

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Shares Rise on Developments in Greece

Financial markets have been unsettled amid concerns about political stability in Greece and the fate of a second bailout for the country, sending investors into less risky assets. On Friday, Germany agreed under pressure from France not to force private investors to take on some of the burden of a new bailout package for Greece. The announcement in Berlin meant Germany was backing away from a sticking point with the European Central Bank on the issue.

While the stock market was higher for most of the day after the announcement, the market pared gains less than an hour from the close after Moody’s Investors Service said it put Italy’s government bond ratings on review for possible downgrade. It cited growth challenges, a likely rise in interest rates and risks posed by changing funding conditions in Europe as among the reasons for the review.

The Dow Jones industrial average was up 42.84 points, or 0.36 percent, to 12,004.36. The Standard Poor’s 500-stock index was up 3.86 points, or 0.30 percent, to 1,271.50. After early gains, the Nasdaq composite index fell 7.22 points, or 0.28 percent, to 2,616.48, recording its fifth consecutive weekly loss.

The euro was buffeted by developments, starting with the announcement by Chancellor Angela Merkel about Greece on Friday.

“That is when the euro popped” to $1.4240 within about 15 minutes, said Brian Dolan, the chief currency strategist for Forex.com. By the time of the Moody’s announcement about Italy, the euro was at $1.4310, and it then dipped to $1.4280.

“It highlights the sovereign debt overhang that continues to plague the euro zone,” Mr. Dolan said. “You get a short-term rebound in the euro but the long-term issues are still there, and that is going to prevent the euro from a sustained recovery.”

In European stocks, the CAC-40 was up 31.43 points, or 0.83 percent, at 3,823.74. The DAX in Germany was up 53.85 points, or 0.76 percent, at 7,164.05 and the FTSE in Britain rose 16.13 points or 0.28 percent, to 5,714.94.

Bruce McCain, chief investment strategist of Key Private Bank, said the market had become oversold because of concerns related to the euro zone debt problems. As a result, investors have taken down some of their exposure to equities.

Now, Mr. McCain said, “it has the opportunity to rally a bit.”

“We priced in a lot of negatives over a short time period,” he said. “We have moderated the risk. We may well moderate more risk.”

United States government bonds, which traded higher in price on Thursday as European debt concerns engulfed the markets, were trading only slightly lower on Friday on the hopes of another bailout. The Treasury’s 10-year note yield was up 3 basis points to 2.96 in early trading on Friday.

But analysts said there were still unresolved variables that kept risk lingering on the margins, including how the Greek people will accept any new austerity demands and whether there will be contagion to Ireland, Italy, Spain and Portugal.

“The problems in the euro zone don’t begin and end with Greece,” said Kevin H. Giddis, the executive managing director and president for fixed-income capital markets at Morgan Keegan Company, in an early analysis of the bond trade. “Back in the U.S., things of an economic nature are still ‘spotty’ at best.”

Mr. McCain noted that recent economic reports in the United States have been mixed, although on Thursday the latest statistics on housing starts and permits and weekly jobless claims suggested a bit of improvement. In addition, companies are still sorting out the impact of the supply chain disruptions from the disasters in Japan and oil has declined.

In the broader market, financials, consumer staples, utilities and telecommunications shares rose by more than 1 percent.

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DealBook: Buffett and Sokol Sued Over Trading in Lubrizol Shares

David L. SokolDaniel Acker/Bloomberg News David L. Sokol

A shareholder of Berkshire Hathaway has sued Warren E. Buffett and his former top lieutenant, David L. Sokol, accusing the two of misconduct related to Mr. Sokol’s stock trading.

Mr. Sokol was widely considered Mr. Buffett’s heir apparent until he resigned abruptly last month after it emerged that he had personally bought $10 million worth of stock in Lubrizol shortly before bringing Lubrizol to Mr. Buffett’s attention. In March, Berskhire announced that it had agreed to purchase Lubrizol for $9 billion — causing its shares to surge and increasing the value of Mr. Sokol’s holding by $3 million.

The shareholder derivative complaint, filed in the Delaware Court of Chancery by the Berkshire shareholder, Mason Kirby, asks the court to disgorge Mr. Sokol’s trading profits in Lubrizol and to award damages because of the damage done to Berkshire’s goodwill.

The complaint is believed to be the first legal action related to Mr. Sokol’s trading in Lubrizol. The Securities and Exchange Commission is investigating whether Mr. Sokol’s conduct violated any securities laws.

Mr. Kirby’s lawsuit also names as defendants other members of the Berkshire board, including Bill Gates, the chairman of Microsoft, and Stephen Burke, the chief executive of NBC Universal.

The lawsuit said that Mr. Sokol’s actions violated his duties to Berkshire and impaired the company’s reputation by spawning an S.E.C. inquiry. Moody’s Investors Service and Standard Poor’s, the two largest credit ratings agencies, also flagged concerns over the incident’s impact on the company, the complaint says.

Mr. Sokol has said he does not think he has done anything wrong; Mr. Buffett has said he does not think Mr. Sokol did anything illegal.

Calls to Mr. Sokol and Mr. Buffett’s representatives were not immediately returned.

Article source: http://feeds.nytimes.com/click.phdo?i=951036035bb98625356f72d91ca3116f

Portugal Hit With New Downgrade

PARIS — Moody’s Investors Service downgraded its rating on Portuguese debt for a second time in less than a month Tuesday, warning that the country’s next government would have to turn to its European partners for aid “as a matter of urgency.”

The agency cut its rating on Portugal’s long-term bonds by one notch, to Baa1 from A3, and placed the country on review for another downgrade. The ratings have been cut several times since the government collapsed last month, after a failure to pass a new round of austerity measures.

If Moody’s cuts Lisbon’s rating a further three levels to Ba1, then its bonds would be considered junk by that agency. SP has already cut Portugal’s rating to BBB-, which is just one notch above junk.

The country has about €9 billion, or $13 billion, of bond redemptions falling due in April and June and investors doubt its ability to meet those payments without help from its European partners or the International Monetary Fund. On Friday it sold €1.65 billion of short-term bills in what was seen as a stop-gap measure.

Yields on Portuguese bonds pushed higher Tuesday, with the benchmark 10-year at 8.43 percent and the 2-year and 8.6 percent, making the country’s debt significantly more risky to investors than that of Indonesia or India. Portuguese officials have conceded that the country cannot sustain paying 7 percent or more for long.

Elsewhere in markets, oil prices remained elevated but off their intra-day highs. In London, Brent crude oil for June delivery stood at $120.26, down 38 cents a barrel. Stocks in Europe were down slightly.

Moody’s said Lisbon faces a range of difficulties, including the upcoming general election on June 5, rising interest rates and a limited window for repaying existing obligations, which increase the risk that Portugal will be unable to achieve the outgoing government’s ambitious deficit reduction targets over the coming three years and put the public finances into shape.

According to the Portuguese news reports, the caretaker government and European officials are evaluating the possibility of Portugal obtaining a short-term loan from the Union to cover remaining funding needs until the new government is formed.

Moody’s said the next government was likely to approach its European partners for financial help “as a matter of urgency.”

“It is very unlikely that the long-term debt markets will reopen to the Portuguese government or to the Portuguese banks to any meaningful extent until the government is able to take action to dispel doubts over its commitment and ability to implement the fiscal program,” Moody’s said.

Article source: http://www.nytimes.com/2011/04/06/business/global/06euro.html?partner=rss&emc=rss