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Archive for October, 2008

NYSE Announces Fourth-Quarter 2008 Circuit-Breaker Levels

NEW  YORK , September 30, 2008 — The New York Stock Exchange will implement new circuit-breaker collar trigger levels for fourth-quarter 2008 effective Wednesday, October 1, 2008.

Circuit-breaker points represent the thresholds at which trading is halted marketwide for single-day declines in the Dow Jones Industrial Average (DJIA).   Circuit-breaker levels are set quarterly as 10, 20 and 30-percent of the DJIA average closing values of the previous month, rounded to the nearest 50 points.

In fourth-quarter 2008, the 10, 20 and 30-percent decline levels, respectively, in the DJIA will be as follows:

Level 1 Halt
A 1,100-point drop in the DJIA before 2 p.m. will halt trading for one hour; for 30 minutes if between 2 p.m. and 2:30 p.m.; and have no effect if at 2:30 p.m. or later unless there is a level 2 halt.

Level 2 Halt
A 2,200-point drop in the DJIA before 1:00 p.m. will halt trading for two hours; for one hour if between 1:00 p.m. and 2:00 p.m.; and for the remainder of the day if at 2:00 p.m. or later.

Level 3 Halt
A 3,350-point drop will halt trading for the remainder of the day regardless of when the decline occurs.

Background:
Circuit-breakers are calculated quarterly.  The percentage levels were first implemented in April 1998 and are adjusted on the first trading day of each quarter.  In 2008, those dates are Jan. 2, April 1, July 1 and Oct. 1.

Read more about it at http://www.nyse.com/press/1222772891771.html

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NEW YORK (Fortune) — The economic storm pelting the U.S. economy is going to do plenty more damage to already flattened job and housing markets.

But as dark as the next three or four quarters could be, the U.S. economy appears to be undergoing a more lasting, and ultimately uplifting, shift.

Americans who for decades have spent an increasing share of their incomes and taken on more and more debt are now, for the first time in years, saving instead.

The personal savings rate, which measures the amount of disposable personal income that isn’t spent, ticked up to almost 3% in the second quarter of 2008, after almost four years below 1%.

While Americans still aren’t going to win any awards for thrift – consumers save more than 10% of their paychecks in creditor nations such as Germany and Japan, for instance – the return to saving carries big implications for U.S. economic health.

More saving is good over the long haul, because domestic savings create a pool of money from which companies can borrow to invest in new plants and equipment, creating the jobs that push living standards higher over time.

A growing domestic savings pool could also reduce America’s need to borrow money overseas – which would make the U.S. less beholden to foreign creditors who now supply us with hundreds of billions of dollars in financing every year.

The trouble with virtue

Unfortunately, thrift will cost in the short run. Saving more means spending less – which translates into more hard times in retail and other consumer-driven businesses like the auto industry. The latest evidence of the shift came in Wednesday’s steeper-than-expected pullback in retail sales. They dropped 1.2% in September, in their first year-on-year decline in six years and only their third drop in the past 16 years. Economists had been looking for a 0.7% drop.

Given that two-thirds of economic activity is consumer spending, today’s thrift will exacerbate a general downturn and will weaken the impact of the massive interventions the government has made in the financial markets.

“The breadth of the decline shows a broad-based pullback in consumer spending that will not quickly turn around,” writes PNC economist Stuart Hoffman, “even with the arsenal of federal firepower now aimed at the Great Financial Crisis of 2008.”

Federal actions such as a $250 billion plan to buy preferred shares in banks, along with a public guarantee of bank deposits and bank debt, are aimed at unlocking credit markets and boosting economic activity. Policymakers have promised to get banks lending again, to restore economic growth that has clearly been ebbing even as government data chalked up modest gains in gross domestic product for the first half of the year.

“This plan is a means to an end,” Hoffman says of the Treasury’s agreement to make capital injections in banks such as Citi (C, Fortune 500), JPMorgan Chase (JPM, Fortune 500) and Bank of America (BAC, Fortune 500). “The key concept is that reasonably prudent lending should be supported.”

But as the economy shows further signs of deceleration – factory production and industrial capacity utilization fell sharply in September, the Federal Reserve said Thursday – the question is who the banks will be lending to. Indeed, merely plying the banks with capital isn’t certain to get them lending in a world in which businesses and consumers are trying to reduce their leverage after a long run of credit expansion.

William Cline, a senior fellow at the Peterson Institute for International Economics, notes that the decline of saving in the United States over the past two decades was accompanied by a sharp increase in the rate of bank lending, as consumers cashed in on the appreciating value of their houses.

Bank credit growth, after averaging around 6.5% in the 1990s, spiked to 12% in the four years ended in 2007, Cline says. Meanwhile the U.S. personal saving rate turned negative at the height of the housing bubble in 2005, down from around 7% in the early 1990s.

“We were already on course to have some return to saving,” says Cline, who is the author of the 2005 book, “The United States as a Debtor Nation.” With the credit crunch making consumer credit scarcer, he adds, and reduced house prices making Americans feel poorer, “We’re going to see some more pressure on household spending.”

For now, that will mean more pressure on companies that sell their goods to consumers. GM (GM, Fortune 500) and Ford (F, Fortune 500) have traded at multi-decade lows this month as U.S. auto sales slowed to a pace last seen in the early 1990s. Macy’s (M, Fortune 500) dropped 12% Wednesday after the department store chain cut its profit forecast, prompting ratings agency Moody’s to warn that further problems could prompt a costly credit downgrade.

The government interventions mean deleveraging can continue without the risk of an economic collapse, which is obviously “extremely positive” in the long run, says Ken Kamen, a financial adviser who is president of Mercadien Asset Management in Trenton, N.J. But that doesn’t mean the short run is going to be particularly enjoyable, as Wednesday’s 9% stock market decline suggests.

Kamen warns his clients that before they make any hasty decisions, they should decide how much stress they can tolerate in their portfolios.

“You don’t want to be resetting your financial future while the compass needle is spinning,” he says. “You may need to sell assets – but only to the point where you can sleep at night.”

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Citic Pacific Ltd seems to be in a bad position. An executive working at Citic seemingly violated procedures by investing in the Australian Dollar, the Euro, and the Chinese yuan without proper approval. When the dollar surged against the Australian dollar and the Euro, Citic Pacific was exposed to unlimited losses due to their investing in major Hong Kong banks using a so-called “accumulator” position.

The company would face a loss of about HK$14.7 billion based on current forex levels; however, as it intends to mark the contracts to market on Dec. 31, the actual loss could be higher or lower. Citic Pacific had already realized losses of HK$807.7 million on the forex contracts as of Friday. Citic Pacific plans to realize all of the losses this year, so they won’t affect the company’s 2009 results.

Citic Pacific had been suspended from trade in Hong Kong on Monday and is expected to fall sharply when it resumes Tuesday.

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Steps to Foreclosure

Foreclosure is the act of claiming the title or forcing the sale of real property in order to satisfy a defaulted mortgage loan. If you are falling helplessly behind on mortgage payments, avoiding foreclosure should be a top priority. It is important that you are aware of the mandatory steps that your lender must take before foreclosure can occur so that you can adequately prepare yourself for alternatives to foreclosure. This guide discusses those steps to foreclosure.

Notice of default

If you miss a mortgage payment, your mortgage lender will likely send you a letter reminding you that a payment was due. This letter may take a more serious tone than what other collections notices might take. Known as a notice of default, this letter will let you know how much you are behind, and what to do to restore your mortgage loan to a current status. If you receive a notice of delinquency, this is the same letter and should be treated with the same level of urgency.

Anytime you have difficulty making your mortgage payment, contact your lender to discuss it with them. It is important that they know that you are making arrangements to get caught up. A good faith effort on your part can frequently delay foreclosure proceedings and extra month or more depending upon your lender. Once you receive a notice of default, now is the time to take corrective action. If you know that you will not be able to afford the home, consider prepping the home for sale immediately. Selling a home may take longer than you have time. In addition, many buyers will hold out or demand greater discounts if they know the home is in foreclosure. Putting it on the market now will generally give you more options.

If you feel that you can afford the home but just need some help to get caught up, contact your lender to request assistance. A workout arrangement can frequently allow you to restore the loan to current status. Forbearance is a common remedy that can delay or temporarily reduce payments so that you can reestablish current payment status.

Notice of Acceleration

A notice of acceleration is required under most states’ laws to give you the opportunity to satisfy the loan balance in full to prevent foreclosure. Once you reach this stage, it may be too late to seek workout arrangements or other means for restoring the loan. This is official notice that the lender wants to terminate the mortgage loan. They are announcing that they intend to take ownership of your home unless you can pay the entire loan balance in full. This is a 30-day warning that you must pay the debt in full. In other words, you can bet that lender has committed to foreclosure by this point. If you make it to this point, you should take any steps to speed up the sale of the home, including price reductions. You may or may not receive a summons advising you of a court action taken by the lender to proceed with foreclosure as this is not required in all states. You commonly will receive no such summons if the foreclosure is based on a deed of trust.

If you have received a notice of acceleration and do not have a realistic opportunity to sell the home, you should take immediate action. If you think you can afford the regular payments on a permanent basis, it is probably worth the effort to make another plea to your lender for a workout. Be prepared to prove that you can reasonably afford to keep the home.

Notice of Sale

Your lender is required to send you a notice of sale once a time and date of the intended sale of your property is established. Once a notice of sale has been delivered, you only have up until that point to remedy the situation. The sale date is the date that you will no longer have any legal claim to that property. If you are able to sell the home on your own, you must close with the buyer before the foreclosure sale date. If you wish to file bankruptcy to prevent foreclosure, you must do so prior to the sale date. Once a sale has been announced, most lenders will no longer consider alternatives to foreclosure other than a sale that you initiate with a buyer. If you are able to find a buyer on your own, you must either convince the buyer to close prior to the sale date, or you must convince the lender to postpone the sale until after the closing date that your buyer requests. Otherwise, foreclosure can occur.

One last ditch effort that you can take is to offer the lender the deed in lieu of foreclosure. Although technically a foreclosure, the credit impact could be slightly less damaging since you are voluntarily giving up claim to the property. This really is a last resort since you are giving up your biggest investment.

Public Auction

If the property is sold at auction as a foreclosed property, your financial obligations may still not be over. Many foreclosed properties are bought by real estate speculators that pay substantially less than the property is worth. If the sale price is less than the loan balance, you may still receive notices after the sale alerting you to a deficiency that is still owed. Even though you lost the home, you could still owe money once auction fees and attorney fees are added to the remaining loan balance.

Remember the two rules to foreclosure:

  1. Never wait and allow a lender to foreclose on your home.
  2. Never wait and allow a lender to foreclose on your home!

You have other options that can allow you to avoid foreclosure if you act soon enough.

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Wall Street Rallied Monday, sending the Dow Jones Industrial Average up 936 points, its biggest-ever point gain, and the biggest one-day percentage advance — 11 percent – since March, 1933.

The rally Monday came after the Treasury Department detailed some of its plans for infusing cash into struggling U.S. financial institutions and the Federal Reserve led a worldwide effort to increase the flow of dollars into worldwide banking systems.

The Treasury says its equity investments in financial institutions will target healthy banks with attractive terms.

The Monday rally started in Europe, with expanding government investment in ailing banks there. London’s FTSE 100 Index rallied more than 8 percent. The DAX Index in Germany gained 11.4 percent.

For the day, the Dow closed at 9387.61. The S&P500 Index rallied 104 points, or 11.6 percent.

The Nasdaq Composite Index finished the day up almost 195 points, or 11.8 percent.

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