Countrywide (NYSE: CFC) directors and executives never did anything wrong? How can people tell? Because they say so.
The judge in a suit against the big mortgage company is not buying it. He wants a trial against the firm and its bosses to continue. According toThe New York Times, the court ruled that management "must answer shareholder accusations of insider trading and an overall failure to monitor lending practices that led to the company's collapse."
The charges are serious enough to put some of the Countrywide people in jail, but are they important enough to get Bank of America (NYSE: BAC) to back away from its purchase of the company?
The case looks pretty bad for the mortgage company, at least on the face of it. Officers and directors sold $850 million worth of shares between 2004 and 2007. Toward the end of that period, the company was buying back $2.4 billion in stock, which would tend to keep the price up.
Almost no one would be unhappy to see some of the company's management behind bars. Countrywide issued huge numbers of mortgages to subprime borrowers, which reset at higher prices after the first few years. The homeowners could not make payments and often faced foreclosures. Countrywide got paid for each one of those, a clear reason it might have been aggressive in getting in more customers.
Countrywide executives cannot pay all of those people back, but they can make them license plates from inside a big federal prison.
Charlotte, NC Named Best Place to Live Apparently, there's just something about North Carolina. For the second year in a row, America's best city in which to live lies within its borders, according to Relocate-America.com's annual list. This year, Charlotte, N.C., is in the top spot, the site announced this week. Last year's winner was Asheville, N.C., which slipped to No. 7 on this year's list. Other top places are runner-up San Antonio, TX, Chattanooga, TN, Greenville, SC and Tulsa, OK. Charlotte dethrones Asheville, N.C., as best place to live - MarketWatch
Jumbo Loan Rates Finally Decline The interest rates for jumbo mortgage loans are coming down, but standards for qualifying are much tighter. Jumbo loan rates finally decline - Bankrate.com
National home prices tumbled by 7.7% in the first quarter in a recent survey. While retail sales did fall -0.2% overall in the month of April, the ex-autos numbers were actually positive by +0.5%. Below are the unofficial closing levels for major averages:
Clear Channel Communications Inc. (NYSE: CCU) was up again on news of a settlement between the buyers and the banks for the $20 billion delayed buyout by Bain Capital and THL Partners. The court was adjourned until 2 pm today to allow settlement talks to continue. Shares were up 4% to $34.24 at the end of the day.
TheStreet.com's Jim Cramer says the guys at the top don't know what they're doing, and it shows.
AIG's (NYSE: AIG) (Cramer's Take) making everyone's life difficult today. That's in part because AIG had been the biggest proponent of "super senior," meaning they repeatedly said that their collateralized debt obligation (CDO) exposure was of the kind that was intelligent, measured and thoughtful. They talked endlessly about how their due diligence made the difference and that unlike all of the other buyers, they kicked the tires three times and never bought the plain ol' CDOs. Then they brought in professors from Wharton to be sure that even if all heck broke loose and they were being too aggressive, they would be hedged.
They also were the first to give you the percentages of how much could go bad and that even in the worst-case scenario, they were overcapitalized. And, most important, they were insurers, no need to mark to market, they can play it all out.
Plus, they touted their own struggles. They made the point that because of the turmoil at the top, they hadn't bought any bad stuff and stopped buying residential real estate products after 2005. What they did buy -- they assured us in that big teach-in dog-and-pony show in December -- was the extra-special nature of their particular buys and that, unlike everyone else, risk officers scrutinized every single piece of paper that went into their super senior insurance, meaning only the top-top part of a CDO-squared, the part where everything had to default ahead of it; they made a point of how impossible that would be.
Countrywide (NYSE:CFC) got called before Congress. All of the elected officials and their staff members wanted to know how the mortgage firm screwed up by lending people without the resources money to buy homes. Was there fraud involved? Did brokers inflate buyers' salaries? Did they take down any pertinent information at all?
As would be expected, Countrywide said it had not done anything illegal. All that happened was that its people made a few mistakes. All that has been fixed and everything is fine.
According toThe Wall Street Journal, Countrywide "told a U.S. Senate Judiciary subcommittee Tuesday that the company is taking steps to address concerns that misconduct in bankruptcy proceedings by mortgage companies is exacerbating the nation's foreclosure crisis." In other words, the company gave out loans which people could not pay and then beat them up with fees which they could hardly afford when they got behind on payments.
The FBI and a number of other agencies looking into Countrywide's practices. They obviously are not willing to settle for the company's comments before Congress. These investigators think that the mortgage operation knew a great deal about what it was doing and was doing it on purpose to make more money.
Countrywide can testify all it wants. There is no poll of home buyers, federal investigators. or Congressmen that will show anything other than the belief that the company is not telling the truth. Not even close.
Douglas A. McIntyre is an editor at 247wallst.com and author of the Ten Stocks Under $10 letter.
Maybe it was tightening bank standards, maybe it was strong business orders for the services sector. Or, maybe it was a big hike in oil prices back to the $120 mark. Stocks took it on the chin today. Below are the unofficial closes for the major US index readings:
Yahoo! Inc. (NASDAQ: YHOO) traded much lower, bringing Wall Street down after Microsoft Corporation (NASDAQ: MSFT) withdrew its $43.7 billion bid to acquire Yahoo Saturday. Shares fell 15% to $24.37.
In January, Bank of America (NYSE: BAC) made a gutsy move when it decided to purchase Countrywide Financial (NYSE: CFC). True, it would greatly expand its mortgage footprint, but it would also mean taking on lots of risk.
Of course, since then, the financials went into a swoon. In fact, the US financial system almost imploded because of the Bear Stearns (NYSE: BSC) debacle.
As a result, there is much skepticism that Bank of America will close its deal, as evident by remarks from an analyst with Friedman, Billings, Ramsey & Co. – Paul Miller – who thinks that Bank of America should forgo the deal.
His belief is that there will be a need for a whopping $30 billion writedown, which would be tough to swallow for Bank of America's shareholders.
Interestingly enough, there are already signs that Bank of America is getting skittish. Last week, the firm was not clear that it would back Countrywide's debt. The upshot was that S&P downgraded the debt to junk status.
And yes, in today's trading, Countrywide's stock is down 10% to $5.35.
Countrywide Financial (NYSE: (CFC) is recently trading at $5.42 in pre-open trading, below its close of $5.98.
Bank of America (NYSE: BAC) announced on Jan. 11, 2008 it will pay CFC shareholders 0.1822 per share of BAC for each share they own.
S&P lowered CFC debt to junk on May 2. Friedman Billings Ramsey says: "downgrading to Underperform and lowering price target to $2 (from $7). Given continued deterioration in CFC's loan book."
CFC overall option implied volatility of 74 is near its 15-week average of 77 according to Track Data, suggesting non-directional risk.
Options Update is provided by Stock Specialist Paul Foster of theflyonthewall.com
Avoid These Ugly, Risky Stocks For the moment, the market seems to have settled. Does that mean the worst is over? It's unclear. You should still be cautious. The key to investing during a crisis is making sure that the stocks you're buying truly are isolated from the blow-up. Avoid These Ugly, Risky Stocks - Motley Fool
10 Auto Brands in Trouble -- Which Auto Brands Should Go? Should Ford Motor dump Mercury and Volvo? What will happen with GMC, Hummer, Jaguar and Linconl?There are too many brands and not enough buyers. Many auto-industry insiders agree weak ones should go, but it's not that easy. Which Auto Brands Should Go? - BusinessWeek In Pictures: 10 Auto Brands in Trouble
Friedman Billings downgraded Countrywide (NYSE:CFC) from "market perform" to "underperform" according toBriefing.com. The news service also reports that William Blair downgraded Getty Images (NYSE:GYI) to "market perform" from "outperform."
Citigroup downgraded Yahoo! (NASDAQ:YHOO) to "sell" according to Bloomberg.
Countywide Financial (NYSE: CFC) reported a loss of $893 million for the first quarter. BloggingStocks' Peter Cohan wrote that "Fortunately, Countrywide has an exit strategy. In January, Countrywide agreed to sell itself to Bank of America (NYSE: BAC) for about $4 billion in stock. The question is whether Bank of America will pull out of the deal now that it sees the rising costs it will incur if it moves forward. Since Countrywide trades 15% below that takeout price, the market has its doubts."
But now that may be in further doubt. In a surprise move, Standard & Poor's downgraded Countrywide's debt to junk status, citing concern that Bank of America might not back the company's debt once the buyout is completed.
But some analysts say that the fact that Bank of America hasn't stood up and said it will back the debt raises questions about whether the deal can be completed at all. Friedman Billings Ramsey & Co. analyst Paul Miller said that "A lot of things have changed in the last 30 days. Home prices are still falling very rapidly and Countrywide's credit costs are getting worse from what we hear."
Shares of Countrywide fell on the initial news of the downgrade but rebounded to close down just 1.16% on the day. Still, the wide premium to the proposed takeover offer reflects a great deal of skepticism about the deal's prospects.
A lot of people have believed that Countrywide (NYSE:CFC) could not have come by all of those profits during the last few years without looking the other way on some loans. Indeed, according toThe Wall Street Journal, "A federal probe of Countrywide, the nation's largest mortgage lender, is turning up evidence that sales executives at the company deliberately overlooked inflated income figures for many borrowers."
In the cases of may of these mortgages, borrowers did not have to show proof of income or tax returns.
The FBI, which has been looking into all of this, believes that there was some fraud in the level of income loan officers reported that their clients had. That would make getting a mortgage easier, assuming the lender lied in the right direction.
The probe also raises the question of whether Countrywide had to say something about these loans and their problems in its public company filings.
These investigations always go the same way. The government finds that some mid-level people played fast and fancy with the rules. Then they want to know how far up the chain the practice was approved.
Maybe some people in the Countrywide executive suite are sweating.
AP reports that Countrywide Financial Corp(NYSE: CFC) lost $893 million in the first quarter. That $1.60 a share loss was not exactly what analysts had forecast -- they were looking for a profit of two cents a share.
Meanwhile the LA Times reports that Countrywide CEO Angelo Mozilo took in $10.8 million and cashed out $121.5 million in stock gains as his company got hammered by losses on sub-prime loans in 2007. Mozilo also enjoyed perks worth $176,513, including $44,454 in rides on the company's jet; $23,755 in automobile use; $8,581 in country club dues; and $31,238 in company-paid tax and investment advice. Mozilo faces an informal U.S. inquiry into his stock sales.
And Countrywide's financial condition is deteriorating fast. It set aside a $1.5 billion reserve to cover loan up 62% from $925 million in the fourth quarter of 2007. Moreover charge-offs totaled $606 million during the first quarter. Fortunately, Countrywide has an exit strategy. In January, Countrywide agreed to sell itself to Bank of America (NYSE: BAC) for about $4 billion in stock. The question is whether Bank of America will pull out of the deal now that it sees the rising costs it will incur if it moves forward. Since Countrywide trades 15% below that takeout price, the market has its doubts.
Investors don't seem happy with today's announcement -- the stock was down 5% in premarket trading.
Merck & Co. (NYSE: MRK) shares are dropping over 8% in premarket trading after it said its cholesterol pill Cordaptive failed to win approval from the U.S. Food and Drug Administration, less than a week after it was recommended for marketing in the European Union. While Merck intends to submit more data to the FDA, it is unclear it will succeed given even some European doctors said more research is needed on one of the drug's main components safety.
Who said higher oil prices aren't good? If you ask Royal Dutch Shell (NYSE: RDS.A) and BP (NYSE: BP), high oil prices are fantastic as the two oil giants beat forecasts when posting quarterly earnings Tuesday, reporting that net income, excluding unrealized gains from changes in inventory values, rose 12% to a record $7.8 billion and 48% to $6.6 billion respectively. Shell shares are climbing 5.7% in premarket trading and BP's over 4.8% as it seems investors think oil above $100 a barrel is here to stay.
Archer Daniels Midland Co. (NYSE: ADM), the world's largest grain processor, said third-quarter profit rose 42% to $517 million or 80 cents per share, topping analyst estimates of 69 cents per share, as it traded more grains and crushed more soybeans. Sales climbed 64% to $18.7 billion. Seems that being in agriculture lately is a positive and ADM shares are rising 3.75% in premarket trading.
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Countrywide (NYSE: CFC) directors and executives never did anything wrong? How can people tell? Because they say so.
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