Monday November 23, 2009 2:57 PM ET
SmartMoney
Published March 4, 2008  |  A A A
Common Sense by James B. Stewart (Author Archive)

More Assets Frozen at Big Banks

TURMOIL CONTINUES IN the municipal bond market. This week tax-free municipals have been yielding more than taxable Treasurys, a rare anomaly. Auctions of variable rate municipals have been faltering. The market for tax-free auction rate preferred securities (ARPS), the subject of my column last week, remains frozen. Is this a historic buying opportunity for municipal bonds and variable rate securities — or a warning of more trouble to come?

Since my column last week, I've received a wave of comments from outraged investors who were sold tax-free auction rate preferred shares as a cash alternative: small-business owners who now can't make a payroll; prospective home buyers who can't complete a purchase; taxpayers who can't access the money they'll need on April 15; stock investors who'd like to take advantage of the market's downturn but can't — all because their supposedly liquid assets are frozen.

Last week the market for variable rate municipal bonds also seized up. These are long-term municipal bonds sold at rates that are set at auction, usually weekly. These trade as individual bonds, rather than as shares in a closed-end fund like ARPS. As such, they have remained somewhat more liquid than the funds, but now that liquidity, too, seems to be drying up.

Last week hedge funds exacerbated the situation when they had to dump portfolios of municipal bonds on the market, depressing prices. Apparently many were short long-term U.S. Treasurys and were long short-term municipals. With warning signs of higher inflation showing up everywhere, something likely to drive up longer-term Treasury rates, and short-term rates being cut by the Federal Reserve, this strategy seemed logical. But in the current market environment, logic seems to have lost its predictive value. These markets moved in the opposite direction, forcing the hedge funds to meet margin calls on their short positions in Treasurys by dumping municipal bonds.

The ARPS I wrote about last week constitute an estimated $330 billion market. Variable rate municipals are an estimated $500 billion market. In other words, we're getting close to a $1 trillion crisis. Yet I don't hear anyone in Congress, the Treasury or the Federal Reserve offering any explanations or proposed solutions. The silence from Wall Street firms, which created these vehicles and vigorously promoted them to issuers and investors alike while earning enormous profits on them, remains deafening. Fortunately many state and municipal officials are starting to speak out and demand some relief from exorbitant interest rates that will eventually come out of taxpayers' pockets.

So far no one from any of the big Wall Street firms that sold these vehicles as cash alternatives has been willing speak candidly to me for quotation about this mess, but one executive, who requested anonymity, did offer these thoughts: "This is a 100-year flood. We had 20 years of liquidity in these auction markets. Now there's a panic. The banks have been beaten up. We can't let anything illiquid get on our balance sheets or we'll face another write-down. Nobody is happy. Eventually there will be a solution, but it will take time. Somebody needs to step up."

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User Comments
Posted by: pat19b
to pinggolf22 Merrill may not be able access to the fed window but I hear that J Thain was in meeting with Bernanke last Thurs or Fri probably about this. And on a positive note one ETF Aberdeen Global Income Fund Inc 'plans to call ' their ARPS. And maybe money markets will be permitted to buy them. I also see that Merrill and a few other were fined (small) for manipulating these ARPS on 5/12/06 by the SEC. Imagine that, the same dead cat SEC that's doing nothing about the fact they did it again. I guess they're another bought and paid for agency because they sure don't work for us. The key here is to keep the pressure up. Maybe another follow up by James Stwart on CNBC would be good.
Posted by: shivelys
+ An owner of $60 million+ of ARPs emails me that his 'strategy' is:
continued from post by Shivelys:
1. VERY FIRMLY, call your brokers and notify them that you NEVER authorized them to purchase Auction Rate Preferred Shares
2. You want 100% of your principal returned immediately.
3. In the event they don't agree, notify them you will legally hold them accountable for all principal, interest, and damages.
4. A loan makes no sense, since we are acknowledging collateral on an asset we NEVER authorized them to purchase.

This is a formal complaint to the broker, which we have made, and we are awaiting a response which could take 2-3 weeks.After that, we band together and attack.


Posted by: shivelys
http://www.auctionratepreferreds.org/index.php

I repeat: If you own failed auction rate preferred securities (ARPS), please send me an email.We need to talk.There are serious benefits in combining our thinking. harry@harrynewton.com.I am not a law firm.I am not a financial advisory firm. I am not seeking fees,I am stuck in these things, just like you.I am seeking collective wisdom.


Posted by: smorace
Most muni's are not highly rated and have never been considered 'safe investments.' Muni's are only as good as the entity backing it and responds more to interest rate and credit rating changes and are considered more volatile than other bonds. Never buy Proprietary investments, they usually never perform as well, and almost always have higher internal expense ratios than non-proprietary investments (such as a ML muni fund vs a Franklin Templeton muni fund). Never work with a captive broker; work with Independant Brokers who at least have a BS degree in Economics! Unlike captive brokers, Independent brokers do not have monthly quotas, their Broker Dealer firms do not underwrite any securities so do not have an inventory of products to sell you. The Independant Broker can fully represent your specific needs instead of the firms products.
Posted by: pinggolf22
pat19b - interesting plan for ML. However they do not have direct access to the discount window or to Fed term auctions (TAF).

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