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News & Views 6: Nov 09

 
Bay2a

  LAGUNA BEACH                                   NOVEMBER 10. 2009                                           VOL VI

 News & Views
 Debt Buyers & Sellers Resource
 

Editor's Message
 
Kudos
to all of you who participated in the first Loan Buyers Group purchase and helped create such an auspicous beginning for the program.  We are very encouraged by the strong response to the wholesale buying concept,  and even more delighted that on the very  first time out our footprint was large enough to accomplished exactly what we had hoped for, which is to compete for a National file directly from the Issuer.
 
In this edition Gary provides a summary of the process for those of you who were not privy to his "blow-by-blow' updates, in "Loan Buyers Group Submits...".   He also discusses how the economic recovery will impact our business in the "What Does a Jobless Recovery Mean...?". Our guest columnist, Charlie Wright, shares some important information for Investors, in "A Word of Caution", and as raising capital is integral to the Debt Buying business, in "Avoiding Debt Capitalization Financing" Jill provides an update on how CBF's perspective has changed since we entered this business.   
Loan Buyer Group Submits Bid for National File
by Gary Baker
 
Crescent Bay Financial LLC is very pleased to announce that a group of small Debt Buyers joined together to bid on a large National Bank file of charged-off credit card direct from the Issuer.

Crescent Bay Financial LLC formed the Loan Buyers Group to allow smaller Debt Buyers to join forces and compete with larger players in the acquisition of charged-off debt. Utilizing a set of proprietary tools, Crescent Bay Financial LLC analyzes available national portfolios and determines the projected recovery rates of each file for 6, 12, 18 and 24 month time frames. Based on the projected returns from the portfolio, a maximum purchase price is developed for each portfolio and negotiations are conducted for the best performing file based on the projected recovery model. In some instances, like the current offering, confidential bids are developed and presented to the selling institution based on the projected performance of the accounts.

"The system is worked backwards from the recovery viewpoint" and based on what the portfolio is expected to recover, a determination is made of how much can be paid for the file. This is very different than buying a file at the suggested retail price and hoping that the Group members can recover the purchase price and collection costs.

The Group members are each involved in reviewing and assessing the data and making the final portfolio selection. At the completion of the file acquisition, each Group member owns their own files. The members can elect to collect their accounts on their own, or by using their selected 3rd party agency. An additional service is provided for the Loan Buyers Group to place their files together for collection and having the accounts managed professionally. This allows the Loan Buyers group to have a "Bigger Footprint" during the collection process. With the Group bringing thousands of accounts to the collector, they enjoy volume discounts, as well as get much more attention and a higher priority from the collector. A higher priority often equates to higher returns.

For more information on the Loan Buyers Group, contact me.
AVOID CHECK FRAUD
   
If you pay your bills by check, then you need to watch this film.  This is VERY intersting and you need to go get a Uniball 207 pen!  They are available in lots of stores, like Office Depot, etc.  They are marked "Helps prevent check fraud" on the packaging.   youtube
What Does a Jobless Recovery Mean for Debt Buyers?
by Gary Baker
 
Last month, Federal Reserve chairman Ben Bernanke announced that the recession was "likely over" and that the economy was in the early stages of a recovery. Many Americans don't share that perspective because of the miserably high unemployment rate. And not only are the unemployment numbers bad, they are probably going to get worse, before they get better. Last month the Congressional Budget Office predicted unemployment peaking at 10.2%, (which we already hit in the preliminary numbers released the week of November 2nd ), and remaining at a very high 9.1% rate in 2011. The Congressional Budget Office estimates that it could take another five years for America to get back to the pre-crash unemployment rate.

Since most people care more about the numbers that affect their lives, (unemployment, pay, the cost of housing and energy), the idea that the recession is over certainly feels premature. For all practical purposes, the next few years will continue to be a recession for most people. The economy may be recovering for Wall Street and for some large businesses (many of which benefitted from taxpayer bailouts), but that does not mean that the prosperity is being evenly distributed. So what we are looking at is a jobless recovery.  But is this the type of recovery that we need?

A "jobless recovery" is a phrase used by economists to describe the recovery from a recession which does not produce strong growth in employment. Unlike recessions from about the end of the Second World War until the 1980's, a recovery of U.S. jobs isn't going to come from the giant manufacturing sector cranking itself back up. While this country does produce goods for both export as well as from domestic consumption, the 20th-century type of manufacturing-based economy has transitioned to a service based economy. Roughly 70 percent of America's economy is currently driven by consumer spending. As a result, most recent economic recoveries have tended to be jobless recoveries, in which the employment rate takes much longer to catch up with the rise in GDP which signals a recovery. It took 17 quarters, (more than four years) for the labor market to recover after the 2001 recession.
Vol 6 Chart 
 
Prolonged unemployment is a double-hit for those stuck without jobs for extended periods of time. Not only are they out of work, but when the economy rebounds, they're more likely to be passed over by the companies doing the rehiring in favor of people who have exited the workforce more recently. In a recent article by Lawrence Katz, a professor of economics at Harvard University, the unintended consequence of this escalation will be to push more workers into the disability and early Medicare programs. "That becomes the only option and the difficulty with that is once people go on disability programs they basically never leave, which becomes very expensive," he warned. "Today you have people getting benefits, but people might be out of work for two or three years, and we're not set up for having high rates of unemployment."

It is fairly clear why the creation of new jobs is going to be slow in this recovery. Investors are not likely to start new businesses, and existing businesses who in many cases are just barely keeping their doors open, are not ready to increase staffing until consumer spending resumes. But with the unemployed being limited in what they can spend and consumers in generally reluctant to open their wallets it certainly would seem that the near term economic future may not be as bright as some of the indicators being published about the rebounding of the economy are suggesting.

We should not lose sight of the probability that the government claims of job creation may be overstated. A spot check by the Associated Press showed that of the 30,000 jobs claimed to have been "created" by the $787 Billion stimulus package that 5,000 of those jobs, or one in six were bogus, with some jobs supposedly created being counted more than four times. But even if the claims of 30,000 new jobs were indeed true, it will have end up costing taxpayers $26 Million per job created.

Businesses with fewer than 50 employees have accounted for about one third of net employment gains in recent economic expansions. These same businesses have also accounted for about 45 percent of job losses since the beginning of this recession. Most of these "Smaller Businesses" are the types of businesses most likely to be dependent on bank lending, and given that bank lending does not appear poised for a rapid return to being robust, the prognosis for an employment recovery in these businesses is a question mark, certainly in the near term.

The projected next wave, of the commercial real estate implosion, has not been accounted for. Many businesses may enjoy much lower rents as commercial real estate owners scramble to fill massive vacancies. However, many of the loans that were granted to commercial real estate owners and developers were short term notes and subject to balloon payments at the end of their term. With falling real estate values, these owners are having a difficult time in finding the equity in their properties to provide sufficient security for a new loan or refinance. Since many commercial properties are financed by local banks, an increase in the number of bank failures is likely in the near term. Further, as more commercial properties are foreclosed, there will be a glut of properties on the market which will reduce the value of similar commercial real estate. Much like the housing price collapse that most areas of the country have experienced, the collapse in commercial real estate prices is projected to be at least as drastic and potentially much more. There have been many efforts by banks and the government to help families that are struggling to keep their homes. But how far will the taxpayer go to help support commercial real estate from collapsing? And what impacts will this have on the availability of capital for business expansion and the creation of new jobs?

 Vol 6 Graph

Many believe that there is no such thing as a jobless recovery. People without jobs don't spend money, and the economy is too dependent upon on consumer spending to recover without people returning to work. In past jobless recoveries, consumers got back to spending despite slow wage growth by borrowing and running down their savings accounts. These are not options that are really available anymore.

What does this mean for Debt Buyers?

Credit card charge-off rates have followed the unemployment numbers very closely. If unemployment remains at about 10% for the foreseeable future, we might expect charge-off rates to be in the same range. More and more banks have taken to outsourcing their collections after charge-off, which has meant there is less Fresh charged-off paper on the market. It is likely that Fresh paper prices may continue to be inflated, considering the recovery rates and the lack of a truly open market for the paper. Fresh paper prices have also been inflated due to benchmark pricing that was established earlier this year with forward flow agreements with major buyers. After the first of the year we will have a better idea of Fresh paper pricing when the new forward flows are negotiated.
 
In a recent survey, U.S. collection agencies reported an improved performance outlook for the next 6 to 12 months according to InsideARM (11/10/09). Many collection agencies also expected their staffs to be larger six months from now. The survey also revealed that almost three quarters of all the responding agencies reported using more payment arrangements to increase their performance.
 
With the addition of so many charged-off accounts from the Issuers coming to the market, it is no wonder that collection agencies are finding the need to enlarge their operations. More accounts equate to more staffing, but may not necessarily lead automatically to higher profitability, at least in the near term.

From the recovery viewpoint, collections remain down over all asset classes. With consumers still in dire straights because of the lack of jobs and inability to borrow, refinance, or sell their homes, the prognosis for the near term is not much different than what has been experienced this entire year. When consumers can find work and begin to recover financially, they will enjoy some level of prosperity and will return to their previous patterns of spending and borrowing. Borrowing requires credit, and the debt that has piled up during these extraordinary times will start to be paid down or resolved through some type of settlement over time. In the meantime, recovery rates will likely remain low, which will also have an influence on the pricing of debt for sale. Debt Buyers can only pay a limited amount for charged off accounts, and need to have an opportunity to collect the accounts purchased, in a reasonable amount of time, to earn a return on their investment.
Credit Card Defaults - Major Issuers 
 

Credit Card

Bank of

American

Capital

Discover

JP Morgan

Citigroup

Wells

Credit-card

Issuer

America

Express

One

 

Chase

 

Fargo

Industry

 

 

 

 

 

 

 

 

 

Feb. 2007

 

 

 

 

 

 

 

4.51%

Feb. 2008

 

 

 

 

 

 

 

5.59%

Aug. 2008

 

 

 

 

 

 

 

6.82%

Feb. 2009

 

8.70%

8.06%

 

6.35%

9.33%

 

8.82%

Mar. 2009

 

 

9.33%

7.39%

7.13%

9.66%

9.68%

9.30%

Apr. 2009

10.47%

9.90%

8.56%

8.26%

8.07%

10.21%

10.03%

9.97%

May. 2009

12.50%

10.40%

9.41%

8.91%

8.36%

10.50%

 

10.62%

Jun. 2009

13.86%

9.90%

9.73%

8.75%

8.04%

10.50%

 

10.76%

Jul. 2009

13.81%

8.92%

9.83%

8.43%

7.92%

10.03%

 

10.52%

Aug. 2009

14.54%

8.50%

9.32%

9.16%

8.73%

12.14%

 

11.49%

Sep. 2009

14.25%

8.40%

9.77%

8.69%

8.12%

10.15%

 

10.72%

Data Source: Moody's Investment Services, Reuters  Chart by Crescent Bay Financial

 

 

 

 

 


Guest Columnist - A Word of Caution
Article by Charlie Wright
 
 
A friend, who is an Investment Advisor, sent us an article he wrote that we thought we should pass on for those who are currently in the Stock Market. His name is Charlie Wright and while he calls himself an optimist, he warns of an '"Asset Bubble" that has formed soince March and is being further fueled by the growing weakness of the US dollar.  As he points out, "Assets are too hard to create to be allowed to dissipate and evaporate." Here is his short but powerful article.
 
Mother of All Carry Trades Faces an Inevitable Bust

What does Nouriel Roubini see in the economy and financial markets today, and why should we care?

Nouriel Roubini is a professor of economics at the Stern School of Business, New York University and chairman of RGE Monitor, an economic consultancy firm. During the administration of President Bill Clinton, he was a senior economist for the Council of Economic Advisers, later moving to the United States Treasury Department as a senior adviser to Timothy Geithner, who is now Treasury Secretary. In 2008, Fortune magazine wrote that: "In 2005 Roubini said home prices were riding a speculative wave that would soon sink the economy. Back then the professor was called a Cassandra. Now he's a sage."[1] In September 2006, he warned to a skeptical IMF that: "The United States was likely to face a once-in-a-lifetime housing bust, an oil shock, sharply declining consumer confidence, and, ultimately, a deep recession."[2] He also foresaw "homeowners defaulting on mortgages, trillions of dollars of mortgage-backed securities unraveling worldwide and the global financial system shuddering to a halt". The New York Times labeled him "Dr. Doom", whereas, in hindsight, IMF economist Prakash Loungani has called him "a prophet".

In an article entitled, "Mother of All Carry Trades Faces an Inevitable Bust" Mr. Roubini makes the following points:
  • Since March of this year, risky asset prices have risen too much, too soon and too fast compared with macroeconomic fundamentals;
  • Fuelling this asset bubble is the weakness of the US dollar, driven by the mother of all carry trades;
  • Traders are borrowing at negative 20 per cent rates to invest on a highly leveraged basis in a mass of risky global assets that are rising in price due to excess liquidity and a massive carry trade. Every investor who plays this risky game looks like a genius;
  • It has become one big common trade - you short the dollar to buy any global risky assets;
  • So the perfectly correlated bubble across all global asset classes gets bigger by the day.
Where is this situation headed? According to Dr. Roubini,

  • A stampede will occur as closing long leveraged risky asset positions across all asset classes funded by dollar shorts triggers a coordinated collapse of all those risky assets - equities, commodities, emerging market asset classes and credit instruments;
  • This unraveling may not occur for a while, as easy money and excessive global liquidity can push asset prices higher for a while. But the longer and bigger the carry trades and the larger the asset bubble, the bigger will be the ensuing asset bubble crash. The Fed and other policymakers seem unaware of the monster bubble they are creating. The longer they remain blind, the harder the markets will fall.
What does all this mean to an investor?

  • If you own stocks or equity mutual funds, commodities or emerging market asset classes, I hope you enjoy the short ride, and that your timing skills are impeccable. The risk you have taken on is faaaaaaaaar greater than the potential reward;
  • The list of those saying the similar thing is growing daily - Harry Dent ,Bob Rodriguez, Bill Gross, Richard Russell, Robert Prector, and now Nouriel Roubini are a formidable group to ignore or contradict; 
  • Productive Absolute Return strategies and Cash Flow through Selling Calls are ideas whose time has come, and that time is here and now.
If you would like to know more about this, you can contact Charlie through the link above.
SOCIAL SECURITY IN 1935
 
When FDR introduced the Social Security Program he promised that:
1.) That participation in the Program would be completely voluntary,
2.) That the participants would only have to pay 1% of the first $1,400 of their annual incomes into the Program,
3.) That the money the participants elected to put into the Program would be deductible from their income for tax purposes each year,
4.) That the money the participants put into the independent "Trust Fund" rather than into the General operating fund, and therefore, would only be used to fund the Social Security Retirement Program, and no other
Government program, and,
5.) That the annuity payments to the retirees would never be taxed as income
Avoiding "Debt Capitalization" Financing
by Jill Benshoof
 
 
In earlier issues we discussed the difficulty of securing Bank financing for the Debt Buying business.  After contacting over 130 Banks with our "A-1" Loan Proposal and being turned down 130 times, it was impossible not to notice a pattern.  You would think we would have noticed after the first 25 or 50, but, Gary is not one to give up that easily.  The 4 main reasons why banks wouldn't consider our impressive proposal were:
  • The business is "new" (9 out of 10 new businesses fail)
  • The assets purchased are "unsecured"
  • The business is "risky" (we were told by a high level SBA consultant it is considered similar to farming or even wildcatting???)
  • And, they would not support an industry that profits from their own losses
Not to be deterred, we also had another version of our Loan Proposal geared towards the Investor, along with a most impressive Financial Model, as only Gary can produce (160 pages Excel spreadsheet, modeling 100 packages with 180,000 data entries).  The beautifully bound stack of those now sits along side the Bank editions in our office.  What an education!!!  When innocently advertising for investors on Craigslist prompted some inconvenient feedback (What SEC regulations???), we knew it was time to do a little homework. 

So began our enlightening introduction into the world of "Investorship".  Do you know the difference between the Angel Investor and the Venture Capitalist?  And, what about the Private Investor?  Ken Hollowell, provides a great summary of these methods of raising capital in his article "Are You Talking to the Right Investor?", News and Views, vol 2.  A new twist to this form of financing is "Crowd Sourcing", or pitching the public in an on-line forum to drum up multiple independent investors.  This methods is becoming especially popular with the arts and entertainment industries, as film-makers, Bands, artists and designers reach out to market their projects.
 
Well, 5-6 months have passed, and as direction of our business and the challenge of raising money, have both come into focus, it is clear that "Debt Capitalization" (bank loans, lines of credit and credit cards) is not the right approach for those of us starting up a Debt Buying business, given the state of the economy.  We are currently thanking our lucky stars that 130 Banks had the foresight not to lend to us.  Recent collection data indicates that returns are nowhere near the 3:1 speedy recovery projections that we had modeled based on reported historical industry averages.  While borrowing from the banks on bad loans wouldn't have been a problem in the years from 1996-1999 that saw 4:1 returns on average according to our data, or in the years from 2000-2007 that saw 3:1 returns, in this economic climate the low recovery rates would have produced a rather painful outcome.  After the 30%-40% collection fee and bank interest, the current 100% returns in 12-24 months would no doubt have left some profit, but the killer, would have been the monthly principal and interest payments, which would have been due whether anything was coming in or not from collectors. (Rule #1 of borrowing money -"Debt Capital" is most appropriate for companies that can demonstrate stable cash flow.  Link)
 
If capital is the machinery that runs this business, then how do we launch a business like this in this crazy economy?  The easiest way, of course, is either with your own money, or through the family/friend network.  Retirement funds are the perfect resource.  (No, it's not illegal to use your 401k or IRA for this business, if it is done correctly!  See how...)
 
If personal resources are not an option, the best path that we have found is still through the Private Investor. Unlike "debt capitalization" through a Bank Loan, investment capital is equity linked, so there is no loan to pay off.  The investor shares in the risk and the reward, which is ideal for this business.  Raising sizeable private capital requires a Private Placement Memorandum filed with the SEC.  From an investment standpoint, if we can achieve 100% net returns in 12 or in 24 months, this is by any investment standard an excellent return and even after collection commissions, there is ample reward to share with an investor.  With the raising private capital legally through a PPM, and the purchase of multiple large portfolios over time, by offering a substantial incentive to the investor in the form of the bigger split, and then taking a smaller cut for yourself, there is still a very lucrative up side.  
 
Crescent Bay Financial LLC has started the process in developing a Private Placement Memorandum with Ken Hollowell. The company is pursuing a 504D Placement and will use the funds raised from private investors through this offering to participate with the Loan Buyers Group in acquiring charged off assets at a discount. The Loan Buyers Group coordinates with Debt Buyers of all sizes to purchase National portfolios from issuers and large Debt Buyers. We will keep you posted on the progress of raising funds through this offering and share with you our experiences.
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