Why Do D.C. Tenant Evictions Require Rifle-Wielding U.S. Marshals?

Exiting my apartment building yesterday, I noticed a pair of armed, SWAT-vest wearing law enforcement agents overseeing a crowd of people moving boxes and furniture. Coming closer, I could see that the agents were U.S. marshals. The people helping with the move were mostly in matching neon T-shirts and there were at least a dozen of them, despite relatively little in the way of things to be moved. It turns out both strange details can be accounted for by one thing: the U.S. Marshal’s Service’s involvement in Washington, D.C., tenant evictions.

It’s standard practice for U.S. marshals to preside over D.C. evictions, in the same way that sheriff’s deputies might do in other areas. As a non-state, D.C. doesn’t have a sheriff’s offices, just city police. It falls to U.S. marshals to serve and carry orders of the Superior Court for the District of Columbia, including “Writs of Restitution that are issued for the recovery by eviction of tenants.” The U.S. Marshal Office for the District of Columbia also sets the rules for the process of physically evicting tentants.

All of this winds up weird for a number of reasons. First, let’s consider the impact on evicted tenants. Being evicted is tough enough without the public embarrassment and intimidation of having it made into a spectacle complete with rifle-wearing U.S. marshals in SWAT vests and a baseball team’s worth of mandated movers. And the potential for escalation of hostilities, violence, and (should anything get out of hand) criminal penalties are always greater when you throw armed federal agents into the mix.

Sure, some sort of security during evictions might be necessary, but in most cases it could probably be handled better by building security staff or community police than people primarily trained for things like federal-prisoner transport and apprehending fugitives.

The American Civil Liberties Union (ACLU) of D.C. recently filed an official complaint against the U.S. Marshals Service related to the 2015 eviction of Donya Williams and her 12-year-old daughter. Williams alleges she was naked when multiple marshals burst into her room and barely let her dress before shuffling her out. “And I’m sitting there just shaking, just trembling and I’m saying, ‘please just give me a minute to get dressed because I don’t have on anything,” Williams told local ABC affiliate WJLA.

“There is not even a plausible safety justification for that,” ACLU attorney Scott Michelman said. “It’s just humiliating and it’s wrong.”

Then there’s the burden for landlords. Certainly some landlords may want law-enforcement presence during the eviction of some tenants, but not every eviction is potentially volatile or dangerous. Again, building security staff or community police could sometimes suffice. Yet landlords aren’t given these options and must bring in a minimum of two U.S. marshals for the entirety of the eviction process and also pay their hourly rate.

Landlords are also required by the U.S. Marshal’s Service to provide a specified number of movers, depending on the size and type of dwelling. This is not bendable based on the actual size of a dwelling or amount of stuff leftover therein. For one-bedroom apartments, 10 movers are required. For two-bedroom apartments, landlords must provide 15 movers and for three-bedroom apartments there must be 20 movers. Single-family home evictions require landlords to provide a minimum of 25 movers.

What’s more, the marshals will call off the whole thing the day before if weather forecasts call for a 50 percent or greater chance of precipitation within the next 24 hours or temperatures below 32 degrees Fahrenheit.

Requiring so many bodies to show up for moves that may be canceled last minute (and may or may not actually require that much manpower) has lead to some perverse business practices. Rather than being able to rely on regular movers (who may charge per worker provided and have strict penalties for last-minute cancellations) or volunteers from local nonprofits (who could actually benefit from or hold on to leftover possessions but may prefer to do the job with less workers in more time), landlords often contract with companies that specialize in evictions. In turn, these companies keep costs low by relying on a roving cast of day laborers, often recruited outside D.C. homeless shelters, and—according to a recent investigation from the Washington City Paper—often refusing to pay what they initially promise or failing to provide workers with basic amenities like water.

Meanwhile, the District of Columbia Superior Court writ allowing a landlord to evict a given tenant is only good for 75 days. If bad weather and a frequent backlog of cases prevents U.S. marshals from being able to preside over an eviction within that time period, tenants can continue to live at the property without paying rent and landlords must reapply and repay for a second writ.

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Matt Drudge: “Rand Paul Is America’s Best Senator”

Drudge Report founder Matt Drudge does not personally tweet too often, so when he does, it is either when something has infuriated him or, more rarely, when he has words of affirmation.  Today it was the latter, when Drudge praised Senator Rand Paul, tweeting that he had an “Intriguing lunch in hill office of America’s best senator, Rand Paul. He’s bold, brave and has somehow kept his heart in such a corrupt city.”

While according to many, Drudge was a driving force behind the Trump election, Drudge has been very outspoken recently about his displeasure with the GOP.

In early February, Drudge tweeted that the “Republican party should be sued for fraud. NO discussion of tax cuts now. Just lots of crazy. Back to basics, guys!” and “No Obamacare repeal, tax cuts! But Republicans vote to shut Warren? Only know how to be opposition not lead! DANGER “

One month later, Drudge was even more direct, saying “Republicans lied about wanting tax cuts. Can we get our votes back?”

Then, last Thursday, amid the struggle to rally enough Republican votes to pass an ObamaCare repeal-and-replace plan, he tweeted, “The swamp drains you,” which many saw as a jab at President Trump’s campaign pledge to “drain the swamp.”

As The Hill notes, this was not the first time he’s singled Paul in a favorable light: earlier this month the Drudge Report featured a headline touting, “The return of Rand Paul,” which was viewed as a warning to moderate Republicans. The headline linked to a Washington Examiner story that outlined Paul’s problems with the GOP’s healthcare bill.

Rand Paul has consistently called for repeaking Obamacare first, and worrying how to replace it later. So far this strategy has proven unsuccessful.

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How The “Trump Trades” Have Mutated Over Time, In Pictures

Is the Trump trade alive or dead: that is the question Bank of America analyst Savita Subramanian tries to answer in a report overnight, in which she notes that it is not one Trump trade but several, and they tend to be “harder to isolate.” 

She notes that while stocks continued to make new highs through February, market leadership has shifted dramatically compared to what we saw immediately following the election. In the initial month after the election, the rally was led by small caps, cyclicals, Value, low quality and beta. But since early December, those leaders have turned into laggards. An examination of the performance of the potential beneficiaries of the new administration’s policy proposals paints a similar story, with the performance of most of the initial policy winners peaking in early December and subsequently underperforming.

In short, it is not one Trump Trade, but many, and in the span of the past 5 month, they have mutated.

What have been the main changes?

As shown in the charts below, the market still believes in infrastructure reform, less so in tax reform. While stock beneficiaries of various aspects of Trump’s proposed policies mostly peaked in December, some groups have held onto their initial gains better than others. In particular, beneficiaries of domestic infrastructure spending have outperformed by 7ppt since the election, while beneficiaries of lower tax rates have outperformed the average Russell 1000 stock by 4ppt. This suggests that the market still holds onto the belief that we will ultimately see the passage of an infrastructure spending bill and corporate tax reform, despite the recent failure of health care reform in Congress.

Additionally, since the election, stocks in industries most hurt from border-adjustment taxes (retailers, autos, etc.) have underperformed the market by 6ppt, BofA finds. Whereas some of the underperformance may be attributable to weak industry fundamentals, the magnitude of underperformance suggests that the market is discounting a reasonable probability of import taxes.

Away from taxes, Subramanian notes that while it may not be surprising that Health Care Providers have rallied since last week after the failed repeal of Obamacare, the group actually began to outperform in early December. On the other hand, Biotech and Pharma stock moves suggest that the market initially viewed a Trump win / Republican sweep as a positive, but Trump’s subsequent comments on drug pricing have reversed the initial stock price jump.

Finally, when it comes to all the “other” Trump trades, BofA notes that they are “harder to isolate.”

  • On repatriation likelihood, stocks with high overseas cash balances have outperformed by an average of 2ppt, but this could also be a reflection of improving Tech and global growth trends over the same period.
  • On capex deductions, a disproportionate number of the companies that would benefit from immediate capex expensing rules are Energy companies whose performance has been roiled by big moves in oil prices.
  • Energy companies also have a high representation within leveraged companies that would be hurt by the ending of interest deductibility. Even after excluding Energy from an analysis of leveraged companies, the bank still ends up with a group of credit-sensitive stocks whose performance is not just a reflection of policy expectations, but also represents the market’s appetite for credit.
  • Capex expensing beneficiaries have underperformed by an average of 6ppt since the election (5ppt ex-Energy), while companies most likely to be hurt from ending interest deductibility have outperformed by less than a percent (both with and without Energy).

And charted:

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The world’s first pension crisis

In the late in the 5th century BC, the government of ancient Rome came up with a new idea that has lasted for thousands of years.

I’m not talking about their roads, republican form of government, or water sanitation.

Their bold idea was to start paying retirement benefits to Roman soldiers.

This was a pretty big deal. In ancient times, you worked until you died. There was no such thing as retirement.

But under the praemia militiae, retired legionnaires could be secure in their futures when they completed their service to the republic.

Roman pensions were generous. During the reign of Augustus, a retired legionnaire received a pension of 12,000 sesterces, worth nearly $40,000 in today’s money.

Eventually Roman soldiers came to depend on their pensions; they no longer viewed the money as a privileged benefit. Pensions became an entitlement.

The problem was, though, that the government made too many promises; there were too many retirees, and Rome hadn’t set aside enough money to pay them.

In time, the government’s inability to pay military retirees became a major source of social unrest, fueling the demise of the republic and rise of the Empire.

So just as the ancient Romans invented the first pensions, they also invented the first pension crisis. It wouldn’t be the last.

Most major governments find themselves in a similar position today.

According to a 2016 report from Citibank entitled “The Coming Pension Crisis,” the 35 developed nations which comprise the OECD (including the US, Canada, Japan, most of Europe, etc.) have pension shortfalls totaling $78 TRILLION.

To put this in context, $78 trillion is more than the size of the entire world economy.

And the shortfalls get worse each year.

It’s not just big national governments either.

State / provincial governments, local governments, and even countless private companies have underfunded pensions that are rapidly running out of cash.

In the United States, Social Security releases an annual report every summer describing the program’s pitiful finances in excruciating detail.

They don’t mince words: “projected [costs] will exceed total income . . .  starting in 2020,” and, “trust fund reserves decline until reserves become depleted in 2034.”

You can literally circle a date on your calendar when Social Security’s trust funds are depleted.

Frankly I think their projections are optimistic.

Remember that the program is funded by taxpayers who are currently in the work force.

12.4% of your paycheck gets funneled to Social Security, and that money goes in the pockets of current beneficiaries.

There is a rather interesting long-term trend, however, that robots and artificial intelligence will replace a lot of human workers.

From self-driving cars to algorithmic financial advisers, millions of people may find themselves out of work in the future.

The problem for Social Security is that robots don’t pay tax. So the program will lose a LOT of tax revenue as a result.

This is clearly a long-term issue; nothing is going to happen to Social Security tomorrow. And that’s why few people really think about it.

Except that… this is RETIREMENT. We’re SUPPOSED to think long-term about retirement.

And if you think long-term about your retirement, it becomes pretty obvious that Social Security probably isn’t going to be there for you, especially if you’re in your mid-40s or younger.

Fortunately we have time to prepare.

It starts with a shift in mindset: the government won’t be able to take care of you. You have to be self-reliant.

One way is to start saving, and to do so with a better retirement structure.

A conventional IRA, for example, allows you to contribute up to $5,500 if you’re under the age of 50.

If you switch to a 401(k), however, you can contribute up to $18,000 per year.

Or if you own a small business, you can establish a SEP IRA and contribute potentially up to $54,000 per year to your retirement.

Obviously most people might not have an extra $50k each year to save for retirement.

But just putting away an extra $1,000 per year can result in a difference of more than $100,000 when compounded over 30 years.

Even more importantly, think about establishing a much more ROBUST retirement structure that allows you greater flexibility in how/where you invest.

Most retirement plans are confined to your back yard. If you have a US retirement plan, you’re allowed to invest in government bonds and the US stock market.

But what if US stocks are overvalued? What if you don’t want to loan money to the government?

With a more robust structure like a self-directed IRA or solo 401(k), you’ll be able to open up an entire universe of new investment opportunities.

Private investments. Cashflowing royalties. Cryptocurrencies. High interest foreign bank accounts. Safe, secured lending opportunities.

All of these options are available with a more robust retirement plan, allowing you the chance to generate higher returns without the cost of paying some Wall Street firm to manage your account.

Consider this– if you’re able to save an extra $2,000 per year and generate, on average, 2% more per year (i.e. 10% versus 8%), you will end up making an additional $610,000 for your retirement over 30-years.

This matters. A lot.

Some small changes today could easily make the difference between financial stability and financial chaos down the road.

This isn’t some wild conspiracy theory.

The government itself is telling us that Social Security is running out of money. They’re even telling us when.

And all it takes to fix this problem is a little bit of education… and the will to take a few basic steps.

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Another Compromise to Dump N.C.’s Transgender Bathroom Panic Law Draws Criticism

RestroomThere’s a new compromise to try to get rid of North Carolina’s controversial bathroom-panic-inspired legislation, but it doesn’t actually seem like much of a compromise, and it’s not clear whether it’s going to get anywhere.

To recap: North Carolina’s legislature, supported by its now-ousted Republican governor, passed HB2 a year ago. The law requires that people on government property (particularly public schools) use facilities (like restrooms and locker rooms) of the sex listed on their birth certificates. That’s the part of the law that got the most attention.

HB2 also blocked cities from passing their own ordinances that added new protection categories to antidiscrimination and public accommodation laws or from having higher minimum wages than what the state defines. North Carolina does not have state-level discrimination protections on the basis of sexual orientation or gender identity. Charlotte passed a law adding these protections and also requiring that transgender people be accommodated in the facilities of the sex they’ve chosen.

The backlash over HB2 has resulted in business boycotts against the state and likely helped contributed to the defeat of its governor in November. But while the law has invoked a lot of ire and resulted in a Democrat taking control of the governor’s office, the state is struggling to figure out what to do about it.

An attempted compromise in December crashed and burned, and it might happen again with what has been hammered out and released in North Carolina this week.

Republican legislators are offering to rescind HB2 if the state passes a new, stripped down bill in its place, HB142. This bill does not include the text that controls what public facilities transgender people may use. And it doesn’t tell cities they can’t jack up their minimum wages. But what HB142 does keep in place is the rule that cities and counties cannot pass their own laws that add to discrimination or public accommodation laws (this component sunsets in 2020), nor can they set their own rules for gender-based access to government and school building facilities.

So the compromise here is the state telling cities that they can’t meddle with their own discrimination laws, but the state still can. So technically the legislation could immediately resurrect the restrictions they put into place with HB 2 even after if they strike the law down. As such, the response to the compromise from LGBT groups has been a bit cool, to say the least. From the Washington Post:

Gay rights groups said the new bill’s other elements, including the prohibition on local governments passing their own nondiscrimination ordinances, meant that it fell short of a full repeal, and they forcefully condemned the deal late Wednesday and early Thursday.

“This proposal is a train wreck that would double down on anti-LGBTQ discrimination. North Carolinians want a clean repeal of HB2, and we urge our allies not to sell us out,” Chris Sgro, executive director of Equality NC, said in a statement. “Those who stand for equality and with LGBTQ people are standing strong against these antics.”

The American Civil Liberties Union has been vocally opposing the compromise as well.

I’ve been on the record that I am not fond of states telling cities what kind of laws they can and cannot pass, even if I don’t support such laws. I’d much rather states turn to the courts to have municipal laws struck down if they violate freedoms and rights recognized by state constitutions. (Read down toward the bottom of this blog post where I flesh out my concerns.)

I got a little bit of a different perspective on state vs. city rule-making during my visit to South by Southwest in Austin, Texas. In Austin, the city has used an oppressive fingerprinting law to control who may work in ride-sharing services like Lyft and Uber. As a result, the two companies have left the market (which apparently led to some disastrous experiences for visitors to the city).

At a criminal justice reform panel held at the offices of the Texas Public Policy Foundation, people (including a representative from Uber) discussed the very negative consequences of such a fingerprinting rule on the poor and on minorities who have been caught up in our extremely harsh justice system. One of the panel participants was libertarian-leaning Republican State Senator Konni Burton, who has gotten attention for possibly being the subject of a threat from President Donald Trump for her opposition to civil asset forfeiture.

Burton was on the panel because state lawmakers in Texas are considering legislation that would overrule Austin’s taxi cartel-protecting fingerprinting law. So, much like what happened in North Carolina, the state of Texas is considering controlling the types of laws its cities can pass. Burton was prepared for people who think this is a betrayal of a conservative belief that government power should flow downward to the local level as much as possible. Burton explained that states were responsible for setting up the rules for both the federal government (by passing the Constitution) and the rules for their own cities. So there’s nothing hypocritical about Republicans demanding that the federal government defer to state governments’ control over what happens within their borders while at the same time telling cities what they can and cannot do.

That’s perhaps too subtle an argument for a culture that seems to currently embrace an “ends justify the means” mentality. It is worth thinking about, though. I would still prefer that the states use a rights-based approach and the court system to keep cities from passing inappropriate ordinances, because that would also result in the state itself having to think about who its own laws effect. Why is it that the state can decide whose rights to freedom of association get compromised by anti-discrimination laws, but not the cities?

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An Angry Freedom Caucus Responds To Trump’s 2018 Threat

After Trump drew ‘first blood’ this morning with a tweet threatening to fight Freedom Caucus members in the 2018 mid-term elections, a pair of House representatives have fired back with aggressive tweets of their own implying that Trump’s healthcare plan was evidence that he had “succumb to the D.C. Establishment.”

“It didn’t take long for the swamp to drain @realDonaldTrump. No shame, Mr. President. Almost everyone succumbs to the D.C. Establishment.”

 

“.@realDonaldTrump it’s a swamp not a hot tub. We both came here to drain it. #SwampCare polls 17%. Sad!”

 

Ohio Representative Jim Jordan, the former chairman of the House Freedom Caucus, also defended conservative lawmakers earlier today on Fox News.  Per The Hill:

“The Freedom Caucus is trying to change Washington, this bill keeps Washington the same, plain and simple,” Jordan said Thursday on Fox News’ “America’s Newsroom.”

 

“We appreciate the president, we are trying to help the president. But the fact is, you have to look at the legislation. It doesn’t do what we told the voters we were going to do, and the American people understand that. That’s why only 17 percent of the population supports this legislation.”

 

Jordan wouldn’t comment on the threat regarding the 2018 midterms, instead characterizing the scuttled healthcare vote as just a “postponement” and arguing that Republicans will succeed if they deliver on their promises to voters.

 

“Lets forget the blame and what may happen in the future, lets just do what we said. That’s what the Freedom Caucus and what Republicans are committed to,” he said.

Of course these latest tweets come after Trump took to twitter earlier this morning, saying “The Freedom Caucus will hurt the entire Republican agenda if they don’t get on the team, & fast. We must fight them, & Dems, in 2018!

 

So, Republican civil war it is…Ultimate winner:  Democrats.

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Energy Sector; Two Thirds chance they rally here

Below looks at the performance of the S&P 500 Sectors, looking back 5-years. The winner for the lowest performance is the Energy Sector (-1.42%). XLE is lagging the S&P 500 by almost 70%, in just 5-years. “Time for them to rally?

CLICK ON CHART TO ENLARGE

 

Below looks at the Energy ETF (XLE)/S&P 500 ratio over the past 17-years and why we find this pattern worth looking closer into.

 

XLE chart

CLICK ON CHART TO ENLARGE

 

The pattern above presents a nice entry point, with a stop below the support test at (2).  Another test of support in this space is taking place in the UGA chart below.


UGA Gasoline chart

CLICK ON CHART TO ENLARGE

From a long-term trend perspective, no doubt the trend in both of the charts above is down (lower highs and lower lows and below long-term moving averages). If one is a trend follower, we doubt these ideas are of interest to you.

If one likes to buy low in hard hit sectors with tight stop loss parameters, we find both of these charts very interesting at this time, due to being out of favor and testing key support levels.

 

If you would like to test drive all of our research for 30 days, send us an email and we’ll get you the details.


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Did The EPA Just Go Rogue Again

In late January, days after Donald Trump became president, various government workers employed by the EPA “defied” the president with what at the time appeared to be rogue twitter accounts emerging from the environemntal agency, most notably the Badlands National Park which slammed Trump’s climate change proposal.

  • “Today, the amount of carbon dioxide in the atmosphere is higher than at any time in the last 650,000 years. #climate”
  • “Flipside of the atmosphere; ocean acidity has increased 30% since the Industrial  Revolution. ‘Ocean Acidification” #climate #carboncycle’”
  • “Burning one gallon of gasoline puts nearly 20lbs of carbon dioxide into our atmosphere. #climate”

It now appears that a new “rogue” employee may have emerged at the EPA’s pres office.

This morning, in a press release summarizing “What They Are Saying About President Trump’s Executive Order On Energy Independence”, as the first quote picked by an unknown staffer at the agency, the EPA decided to showcase the thoughts of Dem. Senator Shelly Moore Capito whose quote was not exactly on message, as Bloomberg’s Patrick Ambrosio pointed out.

This is what she said:

With this Executive Order, President Trump has chosen to recklessly bury his head in the sand. Walking away from the Clean Power Plan and other climate initiatives, including critical resiliency projects is not just irresponsible — it’s irrational. Today’s executive order calls into question America’s credibility and our commitment to tackling the greatest environmental challenge of our lifetime. With the world watching, President Trump and Administrator Pruitt have chosen to shirk our responsibility, disregard clear science and undo the significant progress our country has made to ensure we leave a better, more sustainable planet for generations to come.

Today’s release comes after The House voted Wednesday to restrict the kind of scientific studies and data that the Environmental Protection Agency (EPA) can use to justify new regulations.The Honest and Open New EPA Science Treatment Act, or HONEST Act, passed 228-194. It would prohibit the EPA from writing any regulation that uses science that is not publicly available.

The bill would also require that any scientific studies be replicable, and allow anyone who signs a confidentiality agreement to view redacted personal or trade information in data.

It’s the latest push by House Republicans to clamp down on what they say has turned into an out-of-control administrative state that enforces expensive, unworkable regulations that are not scientifically sound.

But Democrats, environmentalists and health advocates say the HONEST Act is intended to handcuff the EPA. They say it would irresponsibly leave the EPA unable to write important regulatory protections, since the agency might not have the ability to release some parts of the scientific data underpinning them.

The HONEST Act is similar to the Secret Science Act, which leaders in the House Science Committee sponsored in previous congresses and got passed. “This legislation ensures that sound science is the basis for EPA decisions and regulatory actions,” Rep. Lamar Smith (R-Texas), chairman of the Science Committee, said on the House floor Wednesday.

“The days of ‘trust-me’ science are over. In our modern information age, federal regulations should be based only on data that is available for every American to see and that can be subjected to independent review,” he said. “That’s called the scientific method.”

Rep. Eddie Bernice Johnson (D-Texas), the Science Committee’s top Democrat, slammed her GOP colleagues for what she called a “misguided” effort to stop sensible EPA regulations. She denied that the EPA is overly secretive with its science, saying it often doesn’t own the information and has no right to release it.

At least one EPA employee this morning seems to agree.

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Are Markets Overlooking A Clear & Present Danger?

Authored by Lance Roberts via Real Investment Advice,

There is in interesting dichotomy currently occurring within the economy. While consumer confidence, as reported by the Census Bureau, soared to some of the highest levels seen since the turn of the century, the hard economic data continues to remain quite weak. As noted by Morgan Stanley just recently:

“Compare the New York Federal Reserve Bank’s current 1Q GDP tracking vs ours – FRBNY is currently tracking 1Q GDP at 3.0% versus us around 1%. The difference is larger than usual and is being driven by the fact that the New York Fed incorporates soft data into its tracking (attempting to tie it econometrically to GDP, a very hard thing to do especially in real-time). Our method translates the incoming hard data into its GDP equivalent. Note that the Atlanta Fed’s GDPNow tracking also focuses on hard data and is currently tracking 1% for 1Q GDP.”

CPD

 

The stunning divergence can be seen in the chart attached to that same article which shows the difference between the “hard” and “soft” data specifically.

CPD

 

What is currently expected by those with a more “bullish bias” is the hard data will soon play catch up with the soft data. Importantly, as I discussed in “Fade To Black”, this is the basis of the markets continued optimism that tax reforms, repatriations and infrastructure spending create the “reflationary” dynamics necessary to spur economic growth of 3-4%.

However, there may be a problem.

Economic cycles do not last indefinitely. While fiscal and monetary policies can extend cycles by “pulling forward” future consumption, such actions create an eventual “void” that cannot be filled. In fact, there is mounting evidence the “event horizon” may have been reached as seen through the lens of auto sales.

Following the financial crisis the average age of vehicles on the road had gotten fairly extended so a replacement cycle became more likely. This replacement cycle was accelerated when the Obama Administration launched the “cash for clunkers” program which reduced the number of “used” vehicles for sale pushing individuals into new cars. Combine replacement needs with low interest rates, easy financing, and extended terms and you get a sales cycle as shown below.

CPD

 

The issue is, of course, there are only a finite number of people to sell new cars too.

 

What the chart above shows is the number of cars sold currently now exceeds both the total increase in population and replacement needs of the existing population. In other words, the pool of available buyers is rapidly being depleted.

But more importantly, while the media touts “record auto sales,” it is a far different story when compared to the increase in the population. With total sales only slightly eclipsing the previous record, given the increase in the population this is not the victory the media wishes to make it sound. In fact, the current level of auto sales on a per capita basis is only back to where near the bottom of recessions with the exception of the “financial crisis.”

 

Furthermore, the annual rate of auto sales has slowed dramatically and is approaching levels normally associated with more severe economic weakness.

 

But slowing auto sales is only one-half of the problem. The problem for automakers is, as always, they continue to produce inventory even though demand is slowing. The cars are then shifted to dealers which have to resort to increasing levels of incentives to get the inventory sold. However, eventually, this is a losing game. The chart below shows the current level of swelling inventories relative to sales.

 

There is a limit to the level of incentives that dealers can provide to move inventory. Wolf Richter recently penned a really good report on this issue:

“J.D. Power and LMC Automotive pegged incentives at $3,768 per new vehicle sold – the highest ever for any March. The prior record for March was achieved in 2009 as the industry was collapsing. In June 2009, GM filed for bankruptcy.”

The Subprime Problem Resurfaces

Given the lack of wage growth, consumers are needing to get payments down to levels where they can afford them. Furthermore, about 1/3rd of the loans are going to individuals with credit scores averaging 550 which carry much higher rates up to 20%. In fact, since 2010, the share of sub-prime Auto ABS origination has come from deep subprime deals which have increased from just 5.1% in 2010 to 32.5% currently. That growth has been augmented by the emergence of new deep sub-prime lenders which are lenders who did not issue loans prior to 2012.

 

While there has been much touting of the strength of the consumer in recent years, it has been a credit driven mirage. With income growth weak, debt levels elevated and rent and health care costs chipping away at disposable incomes, in order to make payments even remotely possible, terms are often stretched to 84 months.

The eventual issue is that since cars are typically turned over every 3-5 years on average, borrowers are typically upside down in their vehicle when it comes time to trade it in. Between the negative equity of their trade-in, along with title, taxes, and license fees, and a hefty dealer profit rolled into the original loan, there is going to be a substantial problem down the road. As noted by Reuters:

“Typically, car dealers tack on an amount equal to the negative equity to a loan for the consumers’ next vehicle. To keep the monthly payments stable, the new credit is for a greater length of time.

 

Over the course of multiple trade-ins, negative equity accumulates. Moody’s calls this the ‘trade-in treadmill,’ the result of which is ‘increasing lender risk, with larger and larger loss-severity exposure.’

 

To ease consumers’ monthly payments, auto manufacturers could subsidize lenders or increase incentives to reduce purchase prices, though either action would reduce their profits, the report said.”

Auto loans, in general, have been in a huge boom that reached $1.11 trillion in the fourth quarter 2016. As noted above, 33.5% of those loans are sub-prime, or $371.85 billion.

 

With more sub-prime auto loans outstanding currently than prior to the financial crisis, defaults rising rapidly and a large majority with negative equity in their vehicles, swapping out to a new car is becoming a near impossible option. Recently, Matt Turner cobbled together some interesting data from several sources on this issue.

The 60-day delinquency rate for subprime auto loans is at the highest level in at least seven years according to Fitch. The jump in losses on sub-prime auto loans moved to 9.1% in January, up from 7.9% a year earlier. The data suggests there is notable deterioration in the performance of these loans and given there are roughly 6-million individuals at least 90-days late on payments suggests rising stress levels of the consumer.

 

While the “cash for clunkers” program by the Obama Administration caused a massive surge in used vehicle prices due to the rapid depletion of inventory at the time, much of that inventory has now been rebuilt. Now, used vehicle prices are dropping sharply, as the market is flooded with off-lease vehicles and consumer demand is weakening.

 

As noted above, the issue of the trade-in treadmill” is a major issue for auto lenders as default risk continues to increase. Per Moody’s:

“The percentage of trade-ins with negative equity is at an all-time high, as is the average dollar amount of that negative equity. Lenders are increasingly faced with the choice of taking on greater risk by rolling negative equity at trade-in into the next vehicle loan. We believe they are increasingly taking this choice, resulting in mounting negative equity with successive new-car purchases.”

 

Asset-backed securities based on auto loans are showing signs of stress, with the subprime auto ABS delinquency rate closing in on crisis-era peak levels. Per Morgan Stanley:

“Across prime and subprime ABS, 60+ delinquencies are currently printing at 0.54% and 4.51%, respectively, with the latter approaching crisis-era peak levels (4.69%). Default rates are also picking up in similar fashion (prime: 1.52%; subprime: 11.96%), printing close to crisis levels. While prime severities slowly crept past 50% recently, subprime severities have breached 60%, a level we haven’t seen since late 2009. With both default rates and loss severities trending up, it is no surprise to see annualized net loss rates moving in the same direction.”

 

Given the importance of automobiles to the domestic manufacturing sector of the economy, the extent to which the sale of autos to consumers has likely reached an important inflection point. As shown in the last chart below, the previous recessionary warnings from autos was dismissed until far too late, it is likely not a good idea to dismiss it this time.

 

Why does this matter? Because it isn’t just auto loans. As Edward Harrison at Credit Writedowns noted:

“The big three areas of credit expansion this cycle – energy, auto and student loans.”

In the fall 2016 survey ahead of the latest borrowing reassessment this past October, Haynes and Boone said that respondents on average expected 41 percent of the borrowers to see a decrease. This decrease was expected at an average of 20 percent, in which lenders were expecting a 16-percent decrease and borrowers a 29-percent decrease.

While energy prices recovered enough to allow drillers to start back operations, primarily in the Permian Basin, the surge in supply is leading to another potential glut by 2018 and another downturn in oil prices. Such an event will put further strain on lenders as default risk rise in the sector. 

Currently, 42.4 million Americans owe $1.3 trillion in federal student loans. More than 4.2 million borrowers were in default as of the end of 2016, up from 3.6 million in 2015. In all, 1.1 million more borrowers went into or re-entered default last year.

And then there is also the problem of commercial real estate (CRE) where rapid loan growth over the past year, combined with recent underwriting reviews, raise many concerns over the quality of CRE risk management, particularly managing concentrations. Add to that weak underwriting and erosion of covenant protections in leveraged lending and you have real problems.

So, if you are wondering where the next “economic shock” may come from...there is a “clear and present danger” lurking below the headlines.

via http://ift.tt/2oCrBYU Tyler Durden

CBO Warns Of Fiscal Catastrophe As A Result Of Exponential Debt Growth In The U.S.

In a just released report from the CBO looking at the long-term US budget outlook, the budget office forecasts that both government debt and deficits are expected to soar in the coming 30 years, with debt/GDP expected to hit 150% by 2047 if the current government spending picture remains unchanged.

The CBO's revision from the last, 2016 projection, shows a marked deterioration in both total debt and budget deficits, with the former increasing by 5% to 146%, while the latter rising by almost 1% from 8.8% of GDP to 9.6% by 2017.

According to the CBO, "at 77 percent of gross domestic product (GDP), federal debt held by the public is now at its highest level since shortly after World War II. If current laws generally remained unchanged, the Congressional Budget Office projects, growing budget deficits would boost that debt sharply over the next 30 years; it would reach 150 percent of GDP in 2047."

In addition to the booming debts, the office expects the deficit to more than triple from the projected 2.9% of GDP in 2017 to 9.8% in 2047. The deficit at the end of fiscal year 2016 stood at $587 billion.

A comaprison of government spending and revenues in 2017 vs 2047 shows the following picture:

The CBO also mentions rising rates as another key reason for the increasing debt burden. The Federal Reserve has kept rates low since the financial crisis but is on track to gradually hike rates in the coming year.

On the growth side, the CBO expects 2% or less GDP growth over the next three decades, far below the number proposed by the Trump administration.

The budget office breaks down the primary causes of projected growth in US spending as follows: not surprisingly, it is all about unsustainable social security and health care program outlays.

The CBO's troubling conclusion:

Greater Chance of a Fiscal Crisis. A large and continuously growing federal debt would increase the chance of a fiscal crisis in the United States. Specifically, investors might become less willing to finance federal borrowing unless they were compensated with high returns. If so, interest rates on federal debt would rise abruptly, dramatically increasing the cost of government borrowing. That increase would reduce the market value of outstanding government securities, and investors could lose money. The resulting losses for mutual funds, pension funds, insurance companies, banks, and other holders of government debt might be large enough to cause some financial institutions to fail, creating a fiscal crisis. An additional result would be a higher cost for private-sector borrowing because uncertainty about the government’s responses could reduce confidence in the viability of private-sector enterprises.

 

It is impossible for anyone to accurately predict whether or when such a fiscal crisis might occur in the United States. In particular, the debt-to-GDP ratio has no identifiable tipping point to indicate that a crisis is likely or imminent. All else being equal, however, the larger a government’s debt, the greater the risk of a fiscal crisis.

 

The likelihood of such a crisis also depends on conditions in the economy. If investors expect continued growth, they are generally less concerned about the government’s debt burden. Conversely, substantial debt can reinforce more generalized concern about an economy. Thus, fiscal crises around the world often have begun during recessions and, in turn, have exacerbated them.

 

If a fiscal crisis occurred in the United States, policymakers would have only limited—and unattractive—options for responding. The government would need to undertake some combination of three approaches: restructure the debt (that is, seek to modify the contractual terms of existing obligations), use monetary policy to raise inflation above expectations, or adopt large and abrupt spending cuts or tax increases.

Then again, as the past 8 years have shown, only debt cures more debt, so expect nothing to change.

Also, we find it just a little confusing why the CBO never warned of an imminent "fiscal crisis" over the past 8 years when total US debt doubled, increasing by $10 trillion under the previous administration.

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