Showing posts with label Municipal Bonds. Show all posts
Showing posts with label Municipal Bonds. Show all posts

Friday, December 7, 2012

AN ORACLE OF OMAHA PREDICTION COMING TRUE?

Stockton, California has filed for bankruptcy. In testimony before the U.S. Financial Crisis Inquiry Commission in June 2010, Warren Buffett, The Oracle of Omaha, predicted a "terrible problem" for municipal bonds in coming years. A portion of that prediction came true on June 28 with Stockton, California becoming the largest city ever to declare bankruptcy. On that day, the town of Stockton, CA, filed for Chapter 9 bankruptcy protection. This is not the first town to file for bankruptcy with outstanding bonds, however its aggressive attitude toward bondholders has those in the municipal bond market concerned. Warren Buffett, billionaire chairman of Berkshire Hathaway, Inc., has continued to express concerns about the number of municipal bankruptcies happening around the nation.

Kelly Nolan and Mike Cherney writing for WSJ.com point out the dangers for current bondholders. Stockton missed bond payments earlier this year and does not plan to make any further payments during its reorganization. This lack of concern for making debt payments is unusual. Cities such as Vallejo, CA and Central Falls, RI, are going through bankruptcy and have reported that they are making every effort to keep their bondholders whole. Few cities, towns, villages and counties actually file for bankruptcy as it could make it more difficult to get funding in the future. Specifically, only 51 such entities have filed since 1980 with a quarter of them since the economic recession in 2008. Stockton City Manager Bob Deis reports massive spending and staffing cuts already and claims that "further reductions to service levels would not only jeopardize the safety of residents, they also would severely limit this city's chances for economic improvements." While the number of municipal issuers defaulting on their bonds has fallen since 2010 according to Municipal Market Advisors, Buffett thinks that the "stigma" of bankruptcy as a deterrent is much less when sizable municipalities like Stockton, CA, thumb their nose at creditors. The stress on cities and municipalities has been strained by rising costs and dropping tax revenues. This stress has become even more acute considering that many cities and municipalities are facing serious shortfalls in funding pension obligations and declare bankruptcy when payments cannot be made. Buffet's warnings need to be seriously heeded by investors and more care needs to be exercised in making a decision to buy municipal bonds. The days of assuming that a municipal bond investment must be okay by its very nature are gone.

The most important of investors' rights is the right to be informed! This Investors' Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 30 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors' rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at pearce@rwpearce.com for answers to any of your questions about this blog post and/or any related matter.

Tuesday, November 13, 2012

WATCH OUT INVESTORS--JUNK BOND RISK ON THE RISE!

Even during stable markets, high-yield (junk) bonds are considered to be speculative, high-risk investments. High-yield bonds can be volatile. After a four-month buying surge beginning in January, more than $3 billion left high-yield bond funds during the week ended May 23. Some are calling on investors seeking yield to put money into high-yield bond funds ("Is Now the Time to Buy Junk?" by Ken Levisohn, Wall Street Journal).

High-yield bonds and stocks have similar market risk and return characteristics. High-yield bond prices have a much greater correlation with the movement of stock prices than with investment grade bonds. Thus junk bonds do not add the benefit of diversification that investment grade bonds do.

Junk bonds also have credit risk - the risk that the issuer will default on its payments. Investors therefore demand higher yields than they do for investment grade bonds as compensation for the increased risk of default.

Perhaps most alarming, junk bonds are generally illiquid, meaning there is not always a ready market in which to sell them. The lower the bond's rating, the less liquid the bond is. This illiquidity can be more pronounced in periods of market stress. Money is rapidly flowing out of high yield bond funds, which are composed of bonds rated below BBB by Standard & Poors and below Baa by Moody's. With Europe looking shakier, investors have sought the safety of U.S. Treasuries. Others also urge caution. "It's not the optimal time to add risk," according to Brad Rogoff, head of credit strategy at Barclays, as a worsening of the Euro crisis could lead to more selling of junk bonds.

The most important of investors' rights is the right to be informed! This Investors' Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 30 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors' rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at pearce@rwpearce.com for answers to any of your questions about this blog post and/or any related matter.

Thursday, November 8, 2012

SEC ISSUES ALERT TO UNITED STATES BROKER-DEALERS AND INVESTORS ABOUT MUNICIPAL BONDS!

The SEC's Office of Compliance Inspections and Examinations has put out an alert reminding broker-dealers about what their supervisory and due diligence duties are when it comes to underwriting municipal securities offerings. According to the examination staff, there are financial firms that are not maintaining enough written evidence to show that they are in compliance with their responsibilities as they relate to supervision and due diligence. OCIE Director Carlo di Florio stressed how sufficient due diligence when determining the operational and financial condition of municipalities and states before selling their securities, is key to investor protection.

The SEC has also issued an Investor Bulletin to provide individual investors with key information about municipal bonds. Its Office of Investor Education and Advocacy wants to make sure investors know that the risks involved include:

Call risk: the possibility that an issuer will have to pay back a bond before it matures, which can occur if interest rates drop.

Credit risk: The chance that financial problems may result for the bond issuer, making it challenging or impossible to pay back principal and interest in full.

Interest rate risk: Should US interest rates go up, investors with a low fixed-rate municipal bond who try to sell the bond prior to maturity might lose money.

Inflation risk: Inflation can lower buying power, which can prove harmful for investors that are getting a fixed income rate.

Liquidity risk: In the event that an investor is unable to find an active market for the municipal bond, this could stop them from selling or buying when they want to or getting a certain bond price.

As a municipal bond buyer, an investor is lending money to the bond issuer (usually a state, city, county, or other government entity) in return for the promise of regular interest payments and the return of principal. The maturity date of a municipal bond, which is when the bond issuer would pay back the principal, might be years-especially for long-term bonds. Short-term bonds have a maturity date of one to three years.

The most important of investors' rights is the right to be informed! This Investors' Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 30 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors' rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at pearce@rwpearce.com for answers to any of your questions about this blog post and/or any related matter.

Wednesday, October 24, 2012

WATCH OUT UNITED STATES MUNICIPAL BOND INVESTORS--UNDERWRITERS' DUE DILIGENCE QUESTIONED!

The Securities and Exchange Commission (SEC) recently issued a Risk Alert on compliance measures to help broker-dealers fulfill their due-diligence duties when underwriting offerings of municipal securities.
The alert issued by the SEC's Office of Compliance Inspections and Examinations (OCIE) notes that in recent years there has been significant attention focused on the financial condition of some state and local governments, and cites concerns about the extent of written documentation by broker-dealers of due diligence efforts and supervision of municipal securities offerings.

The alert includes examples of practices used by broker-dealers that may help to demonstrate due diligence and supervisory reviews. These include the use of detailed written policies and procedures, the use of commitment committees, due diligence memoranda, outlines for due diligence calls, recordkeeping checklists, and on-site examination activities. Practices such as these could help a firm show how it is meeting its obligation to perform due diligence, and to support that it has a reasonable belief as to the accuracy and completeness of the Official Statements describing the municipal bond offering.

Brokerage firms have a duty to perform due diligence on any investment prior to recommending it for sale to its clients. As concerns grow that local governments may default on their debt, brokerage firms may have to demonstrate that they performed due diligence on these municipal securities prior to recommending them to their clients.

The most important of investors' rights is the right to be informed! This Investors' Rights blog post is by the Law Offices of Robert Wayne Pearce, P.A., located in Boca Raton, Florida. For over 30 years, Attorney Pearce has tried, arbitrated, and mediated hundreds of disputes involving complex securities, commodities and investment law issues. The lawyers at our law firm are devoted to protecting investors' rights throughout the United States and internationally! Please visit our website, www.secatty.com, post a comment, call (800) 732-2889, or email Mr. Pearce at pearce@rwpearce.com for answers to any of your questions about this blog post and/or any related matter.