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	<title>Comments on: The Bully Pulpit versus the Housing Industry</title>
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	<link>http://www.matthewferrara.com/rssfeed/contractjeopardy/</link>
	<description>Building Real Estate, The Next Generation</description>
	<lastBuildDate>Thu, 18 Mar 2010 06:05:42 -0400</lastBuildDate>
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		<title>By: Matthew Ferrara</title>
		<link>http://www.matthewferrara.com/rssfeed/contractjeopardy/comment-page-1/#comment-4585</link>
		<dc:creator>Matthew Ferrara</dc:creator>
		<pubDate>Sun, 03 May 2009 22:14:41 +0000</pubDate>
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		<description>Hi Paul:
Thanks for your comments. They are well thought out. As you may expect, I don&#039;t agree with them on a few grounds:

1. The bondholders are the owners of secured debt. Period. There is no place for the Chief Executive of the Law in our system to do anything OTHER than enforce their clearly legal and written documents. 

2. The bondholders ARE Americans - and they are hedge funds that hold the wealth and investment OF Americans. It&#039;s easy to say &quot;hedge funds&quot; as if they were groups of unsavory people; but the hedge funds in question are the investors for our grandparents on fixed incomes, our 401ks, and all sorts of other ordinary people.

3. The important political consequences are that once a government can decide to change the rules on contracts at its whim, it can do it for anyone. First banks, then autos. Why NOT REALTORS? They don&#039;t rank very highly on most consumer &quot;likability&quot; polls. 

Turbulent times NEVER call for breaking the law. Obama can&#039;t have it both ways - he can&#039;t say he wants to have the moral high ground on other political issues - but not take the HIGHEST moral action: To defend the laws for ALL Citizens when it comes to the world of finance.

In any case, the bondholders know how to stand up for themselves and their clients. We&#039;re talking Cerberus, Oppenheimer and other well established groups. They&#039;re going to fight for what they are owed in court. 

I&#039;m still quite amazed, though, that you don&#039;t see providing unsecured debt holders MORE than their share&#039;s worth of equity - BEFORE secured shareholders - as &quot;breaking the law&quot;.... If that&#039;s not Robin Hood redistribution without REGARD for clearly established contract and securities law, I don&#039;t know what is.

In any case, glad you stopped by!</description>
		<content:encoded><![CDATA[<p>Hi Paul:<br />
Thanks for your comments. They are well thought out. As you may expect, I don&#8217;t agree with them on a few grounds:</p>
<p>1. The bondholders are the owners of secured debt. Period. There is no place for the Chief Executive of the Law in our system to do anything OTHER than enforce their clearly legal and written documents. </p>
<p>2. The bondholders ARE Americans &#8211; and they are hedge funds that hold the wealth and investment OF Americans. It&#8217;s easy to say &#8220;hedge funds&#8221; as if they were groups of unsavory people; but the hedge funds in question are the investors for our grandparents on fixed incomes, our 401ks, and all sorts of other ordinary people.</p>
<p>3. The important political consequences are that once a government can decide to change the rules on contracts at its whim, it can do it for anyone. First banks, then autos. Why NOT REALTORS? They don&#8217;t rank very highly on most consumer &#8220;likability&#8221; polls. </p>
<p>Turbulent times NEVER call for breaking the law. Obama can&#8217;t have it both ways &#8211; he can&#8217;t say he wants to have the moral high ground on other political issues &#8211; but not take the HIGHEST moral action: To defend the laws for ALL Citizens when it comes to the world of finance.</p>
<p>In any case, the bondholders know how to stand up for themselves and their clients. We&#8217;re talking Cerberus, Oppenheimer and other well established groups. They&#8217;re going to fight for what they are owed in court. </p>
<p>I&#8217;m still quite amazed, though, that you don&#8217;t see providing unsecured debt holders MORE than their share&#8217;s worth of equity &#8211; BEFORE secured shareholders &#8211; as &#8220;breaking the law&#8221;&#8230;. If that&#8217;s not Robin Hood redistribution without REGARD for clearly established contract and securities law, I don&#8217;t know what is.</p>
<p>In any case, glad you stopped by!</p>
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		<title>By: Paul Gaddes</title>
		<link>http://www.matthewferrara.com/rssfeed/contractjeopardy/comment-page-1/#comment-4558</link>
		<dc:creator>Paul Gaddes</dc:creator>
		<pubDate>Sat, 02 May 2009 17:32:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.matthewferrara.com/?p=1842#comment-4558</guid>
		<description>While I almost always agree with your opinions with regard to real estate, I have to take a different view on this post...I think the bondholders got into a poker game with Obama and blinked...He bypassed the &quot;regular&quot; bankrupcty channels by awarding the UAW (actually their retirement funds) a substantial stakeholder position &quot;ahead&quot; of the lenders...While this is unorthodox, I don&#039;t think it rises to the level of &quot;breaking the law&quot;...The bondholders, were, I think, holding out for additional bailout funds hoping to minimize their loss; and Obama said no..The bondholders you portrayed were the &quot;little guy&quot; when in reality they were fairly large hedge funds, which have made lots of money in the real estate sector, while paying little for the feckless way in which they created and traded credit swaps..Obviously this strategy did not work for them...now, they are likely to fare less well in the structured bankruptcy than had they negoiated in good faith...Let&#039;s not overlook the important political consequences of this action as well (and stop frightenting Realtors into thinking that Obama is going to unravel all of contract law). Truman tried to nationalize the steel industry (and lost). Kennedy took them on  again on prices (and won) Reagan eviscerated PATCO...Turbulent times have called for turbulent actions by the Executive branch. I would much rather see this type of action than the &quot;Know Nothings&quot; of the 19th Century and recent Bush 43 administation...Quite frankly, I would rather see an activist chief executive than Judiciary and certainly the egomanical legislative branch...</description>
		<content:encoded><![CDATA[<p>While I almost always agree with your opinions with regard to real estate, I have to take a different view on this post&#8230;I think the bondholders got into a poker game with Obama and blinked&#8230;He bypassed the &#8220;regular&#8221; bankrupcty channels by awarding the UAW (actually their retirement funds) a substantial stakeholder position &#8220;ahead&#8221; of the lenders&#8230;While this is unorthodox, I don&#8217;t think it rises to the level of &#8220;breaking the law&#8221;&#8230;The bondholders, were, I think, holding out for additional bailout funds hoping to minimize their loss; and Obama said no..The bondholders you portrayed were the &#8220;little guy&#8221; when in reality they were fairly large hedge funds, which have made lots of money in the real estate sector, while paying little for the feckless way in which they created and traded credit swaps..Obviously this strategy did not work for them&#8230;now, they are likely to fare less well in the structured bankruptcy than had they negoiated in good faith&#8230;Let&#8217;s not overlook the important political consequences of this action as well (and stop frightenting Realtors into thinking that Obama is going to unravel all of contract law). Truman tried to nationalize the steel industry (and lost). Kennedy took them on  again on prices (and won) Reagan eviscerated PATCO&#8230;Turbulent times have called for turbulent actions by the Executive branch. I would much rather see this type of action than the &#8220;Know Nothings&#8221; of the 19th Century and recent Bush 43 administation&#8230;Quite frankly, I would rather see an activist chief executive than Judiciary and certainly the egomanical legislative branch&#8230;</p>
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