Market Talk

There’s one word that perfectly describes what’s going on in the foreclosure arena, and it’s not exactly printable here. But when I saw the story that the Connecticut attorney general is seeking to halt all foreclosures in that state, on top of JP Morgan’s halt this week, on top of Ally’s earlier halt, one word came to mind. It starts with “cluster” and ends with something that rhymes with “luck.”

Today we got word that the attorney general in Connecticut, Richard Blumenthal, wants a 60-day freeze on foreclosures. “This freeze should stop a foreclosure steamroller based on defective documents and enable effective remedies,” Blumenthal said. “The actions of GMAC/Ally and JP Morgan are inexcusable, a possible fraud on the court undermining the integrity of the legal process and consumers’ ability to fight foreclosures.”

That’s on top of news yesterday (hat tip, naked capitalism) that the acting director of the Office of the Comptroller of the Currency, John Walsh, has contacted seven of the nation’s biggest lenders about their practices. From the Washington Post story: “The paperwork problems range from potentially forged documents to bank employees who never read borrowers’ files before signing off on an eviction.”

The flood of foreclosures has been so great, and the convoluted paper trail that came as a result of the securitization of mortgages has been so Byzantium, that the whole process of foreclosing on a home has become entirely unmanageable. Now, this is something of a mixed blessing for home-owners who’ve defaulted. On the one hand, they’ve probably getting more time to put their proverbial houses in order, if not their literally ones. On the other hand, some of them are being totally screwed, to put it politely.

This story has all the hallmarks of a festering gash. We have come to a very bad pass, Mouseketeers, when the courts, or the mortgage servicers themselves, can’t figure out who owns a home. Even worse is when the servicers just don’t care to find out.

Watch the corners.

The market has been seized by this all-encompassing notion that Ben Bernanke and his merry hipsters at the Fed are going to finally live up to his infamous nickname and start almost literally throwing money out of helicopters. You can see it everywhere: gold is surging, the dollar is plunging, stocks are rising, Treasurys are rallying.

I almost feel bad for Bernanke. I’m sure that when he made the now-infamous helicopter speech in 2002, it was somewhat tongue-in-cheek (economist humor, as you may imagine, is rather subtle (search the speech for “printing press,” you’ll get the idea.)) But as the economy teeters between recovery and a tumble back into the muck, the Fed is being backed into a corner, by the state of the economy, gridlock in Washington, and pressure from the markets. Deflation looms overhead, fangs dripping with saliva. Somebody needs to step up here, but nobody is. I don’t think that the Fed thinks that there’s really much more it can do here; they’ve made noise to that effect. But make no mistake, if forced, the central bank will do something.

The Fed knows the economy is weak. It knows this. The employment picture is rank. Fifteen million Americans are unemployed, and becoming more and more unemployable by the day. The ones that do find jobs, find them at a fraction of their previous salary. Millions more are woefully underemployed. Millions more are seeing their wages frozen, or cut, or having their benefits slashed.

Consumer confidence remains in recession territory; indeed, one survey this week found that fully three-fourths of the populace think the economy’s still in recession. Every indication is that the economy is cooling off. The housing market is a mess. Home sales are at historic lows, prices are falling. The foreclosure picture remains a looming problem. Not a prescription for a healthy economy.

Don’t think it would take much to push this picture back into outright recession. Recall that in the summer of 2008, even though the official recession had started in December, most people still thought the economy was in decent shape, until crude oil went parabolic and surged to $140 a barrel. When that happened, you could hear the economy come to a grinding halt. If something similar were to occur, say, today, the effect on a still-wounded economy would be the same. Maybe worse.

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A bad batch of data, highlighted by a very weak reading on consumer sentiment, sends investors scrambling, with the dollar tumbling, Treasurys rallying, and stocks, interestingly enough, doing both.

- Lots of chatter that Obama will appoint a CEO to replace Larry Summers, an idea that irks Paul Krugman. “For one thing, the NEC director is supposed to serve as a coordinator and honest broker among views — not, or at least not primarily, as a decision maker,” Krugman writes. “That’s not what CEOs are paid for — their job is to be decisive, not summarize other peoples’ arguments.”

- Blockbuster filing for Chapter 11 bankruptcy highlights how the mighty have fallen compared to the raging success of Netflix, Josh Brown says. “There is a cautionary business tale in here that is both timeless and essential for all investors to understand…It’s a story that’s been told a million times — the complacent giant felled by a nimbler, hungrier upstart with new ideas.”

- Initial jobless claims continue to portray a labor market stuck in neutral. “Make no mistake: The longer the job market remains stuck in a rut, the stronger the case for arguing that we’re suffering a potent bout of structural unemployment,” James Picerno notes.

- Cable giants publicly say the “cord-cutting” trend — consumers giving up cable for Internet video — is just a myth. But Verizon (VZ) CEO Ivan Seidenberg begs to differ, saying the cable bundle will follow wireline telephone as an example of old technology that eventually becomes obsolete. “Young people are pretty smart,” Seidenberg says. “They’re not going to pay for something they don’t need to.”

- The timing of Facebook CEO Mark Zuckerberg’s $100 million donation to Newark, NJ, public schools is getting the usual scrubbing in the blogosphere. Donation coincides with premiere of “The Social Network,” a movie that doesn’t exactly paint the prettiest picture of Zuckerberg. All Things D blogger Kara Swisher says: “Zuckerberg himself decided to move forward now, sources said, apparently concluding that even if a prominent movie was portraying him as the villain, he did not have to act like one in real life.”

- Existing home sales bounced off a record low and rose a better-than-expected 7.6% in August. But Calculated Risk points out inventory increased 1.5% in August from a year earlier. “The bottom line: Sales were very weak in August — almost exactly at the levels I expected – and will continue to be weak for some time. Inventory is very high, and that will put downward pressure on house prices.”

- Apple’s (AAPL) iPhone tops JD Power’s smartphone satisfaction study for a fourth straight year. But the results weren’t so sweet for Nokia (NOK), ranking below Palm, which isn’t even a public company anymore. “Another humiliating blow for Nokia which continues to struggle for relevance in the smartphone market,” Digital Daily blogger John Paczkowski says. “Incoming CEO Stephen Elop has his work cut out for him.”

- Stock-exchange operators and regulators are moving closer toward replacing new circuit breakers for individual stocks with curbs that would limit trading outside of a set range, WSJ reports.

- In the “Wall Street” sequel, Michael Douglas is splendidly slimy as Gordon Gekko but the rest of the film doesn’t measure up, says Joe Morgenstern.

- F-bomb your way to the top. “Swearing may help you do your @#!%ing job. Yeah, you read that correctly, WSJ’s Deal Journal blog says.

The tea leaves are shifting.

- With earnings season only a few weeks away, Josh Brown notes a pattern that’s developed in last six quarters. “A run up in stocks at the beginning of earnings season’s opening month followed by the almost inevitable denouement as hearts are broken and focus is diverted elsewhere,” he says. “The Ghosts of Earnings Past are haunting the nascent rally even as you read this.”

- Now that the recession is technically over, Yves Smith wonders if this is what a recovery really feels like. “The ugly fact is that serious financial crises take a very long time to resolve and result in a permanent fall in the standard of living,” she writes. “The best we can hope for, absent aggressive government action, is an economy that bumps along at a low level of what is technically growth, but is very far from what most businessmen and consumers would consider healthy.”

- Larry Summers’ decision to step down as one of Obama’s top economic advisers is a long-time coming, FusionIQ CEO Barry Ritholtz says. “Summers was a defender of the status quo…The change people voted for never appeared, and the Summers-led economic team gave us two more years of Bush bailout policies. For that humongous error, his departure is a welcome change.”

- Mark Thoma questions why the Fed’s taking a “wait and see” approach on whether more QE or other stimulative measures are needed for the economy. “The Fed should have learned that it needs to act preemptively from its mistake in dealing with the housing bubble,” Thoma says. “Cleaning up after the fact, which is what ‘wait and see’ amounts to, is inferior to preventing problems before they appear.”

- Google’s M&A department has thrown lots of money at many different ideas, but it’s hard to argue with some of its successful wagers throughout the years, including Android and YouTube, Digital Daily blogger John Paczkowski says. “Of course that’s just two acquisitions out of the 80 or so that Google’s made since 2001,” he notes. “But obviously the threat of a clunker investment or two isn’t going to temper Google’s aggressive acquisition strategy.”

- Bullish sentiment among advisors hit 41.4%, according to the Investors Intelligence weekly sentiment survey, which marks its highest level since early August. But, as Bespoke points out, bullish sentiment has hit that level a few times in recent months, with stocks not experiencing much success in the aftermath. “Will the third time be the charm or are we in for more of the same?”

- Keep an eye on the “quiet expansion” of Treasury Secretary Tim Geithner’s duties, especially in the aftermath of Larry Summers’ resignation, Yves Smith notes at naked capitalism. “The speculation has long been that he would not stay much beyond the mid-terms, but that looks like a far less sure bet than it did a few months ago.”

- Housing prices continue falling in wake of government’s home-buyer tax credit, dropping to lowest level in nearly six years, according to FHFA home price index. “With the two-year tax credit experience in the rearview mirror, officials probably need to be thinking about going back to the policy drawing board,” Ryan Avent writes.

- The recession’s officially over, but Tyler Cowen says it’s premature to believe the economy’s bottoming-out process is over. “It looks like a recovery only because things were, for a while, so extremely bad. I don’t yet think of us as being in a true recovery mode at all.”

- Runners are abandoning races with quirky distances in favor of the standard marathon or half marathon.

Here’s a new feature we’re working on for WSJ.com, the Market Hub Minute. For this first one, we focus on Lennar, which swung to a fiscal third-quarter profit this morning.

The tech folks set up a little camera on my desk, and a Skype account on my computer, so now I can spout off at just about any, ahem, minute.

- “We have the specter of Greece’s finance minister insisting really, no really, it will never ever default, or default via restructuring,” Yves Smith quips at naked capitalism. “Now given the unfortunate accident of timing, these protests sound awfully Dick Fuld like, although the better parallel is probably Mexico, which kept insisting in 1994, no way, no how would it need to restructure, despite having a lot of dollar denominated obligations and an untenable currency peg,” she adds. “And it was OK, until it wasn’t.”

- As chatter ramps up about new stimulus plans, FusionIQ CEO Barry Ritholtz has his own ideas for what he would do if given $1T to stimulate the economy. “Some folks believe the government should do nothing, spend no money, focus on balancing the budget,” Ritholtz says. “But is the ideal time to begin a new diet and exercise regime when you have pneumonia? The time to reduce the government’s economic deficit and footprint is during a robust expansion, not during (or just after) a contraction.”

- S&P 500 still hasn’t eclipsed its August highs, but market breadth has indicated underlying strength in the September rally, Bespoke Investment Group says. About 80% of S&P 500 stocks are trading above their 50-day moving averages, which is higher than last month. “This isn’t quite to the highest levels seen over the last year, but it’s getting close.”

- “It takes jobs to create households, and usually housing is the key driver for employment growth in the early stages of a recovery,” Calculated Risk says. “So this is a trap: the excess supply means weak employment growth, leading to few new households, so the excess supply is absorbed slowly — putting off more robust employment growth.”

- JPMorgan Chase (JPM) finally issues a formal apology for the web problems that plagued its online banking service earlier this week. “We are sorry for the difficulties that recently affected Chase.com, and we apologize for not communicating better with you during this issue,” JPM says on its website. The apology is notable as many bloggers and folks on Twitter had criticized JPM for its failure to properly communicate this issue with its customers.

- Google Voice cofounder Craig Walker is leaving his role as a manager of real-time communications at Google (GOOG) and returning to his entrepreneurial roots. Walker, who was previously chief executive of Grand Central and renamed Google Voice after its acquisition by GOOG in 2007, will become Google Venture’s first resident entrepreneur, TechCrunch reports.

- “With two strong divergent opinions on gold and low implied volatility levels, this could be an excellent time to buy options in order to establish speculative long or short positions in the metal,” Bill Luby writes.

- All Things D blogger Kara Swisher doesn’t sugarcoat her thoughts on Yahoo (YHOO) CEO Carol Bartz. “Her actions in regards to the Internet giant’s Asian relationships are about as bad as it gets these days.”

- Poverty rate climbed to 14.3% last year, while those lacking health insurance rose to 50.7 million from 46.3 million. Incomes fell slightly as households relied on government and family aid to weather the recession.

- For the city that never sleeps, take a look at some of Central Park’s midnight runners.

- Hewlett-Packard’s (HPQ) suit against former CEO Mark Hurd looks “very much like it was filed in a fit of passion after hearing that Hurd had signed on with Oracle,” Reuters blogger Felix Salmon says. “There’s no tactical or strategic rationale for this: it’s just petulance, really.”

- “Hurd’s knowledge of H-P’s server and data storage-systems business will undoubtedly come in handy at Oracle, which has been aggressively moving into that very space ever since its acquisition of Sun,” Digital Daily blogger John Paczkowski says. “In that sense, Hurd’s hiring is a real coup for Oracle. Who better to put the screws to a rival than a former CEO with a bone to pick?”

- There are currently 161 potential IPOs on file that are hoping to raise $56B. Staggering numbers but, as Josh Brown points out at The Reformed Broker, not necessarily as great as they appear. “Between LBO retreads and the previously bankrupt, it remains difficult to get excited about the initial public offering dealflow, robust as the pipeline seems to be in dollar terms on the surface.”

- Former OMB Director Peter Orszag makes his debut as a columnist for the New York Times by advocating an extension of the Bush-era tax cuts for two years for the middle class, and even for the upper class if that’s what’s needed to get a bill through Congress. “Higher taxes now would crimp consumer spending, further depressing the already inadequate demand.”

- The labor force had little to celebrate this Labor Day, Robert Reich says. Organized labor is down, and non-organzed labor is facing joblessness and underemployment. “Face it: The national economy isn’t escaping the gravitational pull of the Great Recession.”

- If the market has been overly bearish lately, paving the way for relief rallies and such, it’s not really showing. John Hussman notes the VIX, which remains in relatively placid territory. “It’s difficult to look at the evidence and conclude that investors are excessively bearish, much less terrified here.”

- FCIC hearings revealed how reliant Lehman was on daily, short-term funding to cover longer-term costs. “It was a recipe for disaster, a trailer park in search of a tornado,” Barry Ritholtz writes at The Big Picture.

- “The truth is that the trouble in housing is not, for the most part, a demand-side issue,” Ryan Avent writes. “The problem is the millions of homeowners stuck in houses they can’t afford to sell. These households represent a significant shadow supply of foreclosures-in-waiting. I agree that it would be silly for the administration to try to support housing prices by offering more goodies to potential homebuyers. But it doesn’t follow that letting prices go their own way will magically get housing markets moving again.”

- “Newspaper advertising revenues are on track this year to dive to a 25-year low of approximately $26.5 billion, or 47% of the record $49.4 billon in sales achieved by the industry as recently as 2005,” Alan Mutter notes.

- What’s up with Google’s logo today?

- Soaring currency trading volume won’t have a happy ending. “It is a Fool’s Goldrush and will end horribly for most,” Josh Brown writes at The Reformed Broker. “The good news is, you can take the cautionary tales of the stock game, the mortgage game and the real estate game and figure out how you want to be positioned when the inevitable boom-bust-hatred cycle shifts into high gear.”

- Former Lehman CEO Dick Fuld was given a “surprisingly sympathetic ear” from the FCIC at yesterday’s hearing. “This is a deeply disturbing development,” Barry Ritholtz says at The Big Picture. “It leads to the unfortunate suspicion that the FCIC does not have the slightest clue as to the causes of the housing collapse, recession and market crash…I now fear the FCIC report is going to be an ideological farce.”

- It’s becoming obvious there is “no magic bullet” to immediately speed up the recovery, Harvard economist Kenneth Rogoff writes. “It took more than a decade to dig today’s hole, and climbing out of it will take a while, too,” he says. “Americans will have to be patient for many years as the financial sector regains its health and the economy climbs slowly out of its hole.”

- Investor demand for US Treasuries has waned over the last few sessions after some better-than-expected economic reports. But the “big test” comes tomorrow morning with the August nonfarm payroll report. “A smaller loss of jobs could stoke more optimism about the economy and raise more questions about how much lower interest rates can or should go in the near term,” LA Times’ Tom Petruno says. “But a bigger loss could re-energize bond bulls.”

- Yesterday was a 90% upside day, “the 13th such so-called panic-buying day since the April 26 high,” Jeff Cooper notes at Minyanville. Meanwhile, there’s been 14 panic-selling days during the same period, he says. “This kind of volatility is a market in disarray. It’s not a sign of a healthy market,” he says. “Risk runs high when frenzy runs deep.”

- Slate’s James Ledbetter wonders why people consistently underestimate Netflix (NFLX). “There is one company that has been more consistently underestimated than any other, whose innovations, growth, and, indeed, survival have been dismissed and denied for nearly all its corporate life. That’s Netflix,” he says. But “while its critics were flailing away, the company has continued to grow steadily and spread its influence well beyond the red envelope.”

- AOL renewing and expanding its search agreement with Google (GOOG) was a “surprisingly quick and even stealthy move,” Kara Swisher reports at All Things D.

- “Summertime, and the living is easy…for many, too easy. This July was the worst on record for youth employment: Less than half of all 16- to 24-year-olds had a job,” WSJ’s Heard on the Street says. “Meanwhile, at the other end of the spectrum, more than 40% of over-55s have work or are looking for it, the highest share since JFK was in office.”

- Housing prices still need to drop by 10% in order for the market to correct itself, Barry Ritholtz tells Tech Ticker.

- For all the runners out there, WSJ’s Nick Wingfield reviews three running apps.