There are TWO ways the U.S. government has destroyed the financial system
Posted on October 1, 2008
The email below from someone in the system (Steve Goodman of Voorhees, NJ) explains all. Not only did the government cause the problem with its insistence on lending money to anybody capable of staggering into a bank but it is now preventing any recovery of the system with its “mark to market” regulation. The essential point is that most sub-prime borrowers are in fact making their payments but the regulations not only ignore that but force the financial system to treat the mortgages concerned as worthless
I am an attorney and have spent most of my career advising banks and other lenders on compliance with the many laws and regulations that govern loans to consumers and businesses.
I think that the culprit behind this mess is fast coming to light. It is our government. In part the crisis is a runaway subprime loan giveaway foisted on regulated lenders by the government. Banks and other mortgage lenders were required by federal law to make and invest in mortgages made to persons who could not afford to borrow, or they would be in violation of the federal 1977 Community Reinvestment Act (CRA). Over the years, consumer activist groups, such as ACORN (but there are others), used the CRA to interject themselves in the regulatory process regarding requests by banks to open new branches or to merge with other institutions. Initially, the Federal Reserve Board gave little weight to these activist claims but, as the Congress criticized the Fed to enforce the CRA (and thereby to STOP discrimination in home lending, of which there was little or no evidence), banks were forced to enter into contracts with ACORN and other activist groups under which they committed to make billions of dollars of subprime loans. The CRA was used more recently as a cudgel to force banks to make loans the banks would not make on their own. How could a bank refuse to make a loan if it would be approved by applying the very low approval standards adopted by the gse’s (Fannie and Freddie)? And, under Andrew Cuomo, the Chairman of HUD in the 90’s, the then “normal” rules for rejecting loans were replaced by very lax standards intended to rapidly increase home ownership by those persons who could not afford to buy homes under the old rules. HUD permitted the charging of broker’s fees, ALT-A loans, interest only, and whatever the market would bear. It created the subprime market we know today and induced lenders to participate. States and localities are adopting laws and ordnances to regulate the practices of mortgage lenders and brokers, with no real understanding of how the market got to this point.
The majority of CRA (subprime) loans are now performing. But, that fact seems to have no impact on their “market” value, at least to regulators, auditors and accountants. The market for subprime loans has quickly dried up because the “mark to market” rule adopted by the Financial Accounting Standards Board requires that all assets be valued and revalued based on their current market worth. If the secondary market for any financial product (such as a loan) tends to dry up, the mark to market rule comes into play to further devalue those products traded in that market. Thus, fairly quickly, an otherwise performing subprime loan secured by residential real estate collateral has a near zero market value. Even if a buyer wanted to purchase the subprime mortgage for what the buyer deemed its worth based on the performing stream of payments. interest rate, and the like, the buyer would be required to immediately mark the asset value down on its books and undermine its own stock market value. So, if a buyer purchased a mortgage that, based on the likelihood of payment, remaining payments, interest rate, and credit worthiness of the borrower it valued at $100,000, it would then have to apply the mark to market rule to value the loan at near zero on its books. No publicly traded or regulated company or bank can do that. Moreover, in my experience, the bank regulators will soon demand that other loans, such as prime mortgage loans, car loans, installment loans, and the like, be written down as their marketability will come into question. The regulators can themselves bring a loan market to a standstill. They did it before and will do it again.
Thus, the net effect of the mark to market accounting rule is to create a downward spiral in valuation of all loans, without regard to their true worth. And, while the mark to market rule was supposed to create a better understanding of a company’s (or bank’s) value, which the cost basis somehow did not do (although it worked for a long, long time and there was no perceived need to change it), it has quickly been found to artificially undermine that net worth.
So, instead of throwing $700 Billion into a black hole, to be doled out at the discretion of some bureaucrat who will have no idea what he or she is doing, and thereby prolonging instability in the market and inviting a depression, we should simply rescind the mark to market rule and let buyers and sellers reach the price for loans that would allow them to value loans in the real world and use that cost or historical value for bookkeeping purposes. To do so will keep bank regulators, accountants and auditors at bay and open the market to market trading.
(It would be a positive on public confidence in the banking system to raise the cap on deposit insurance, too but, in my opinion, that is not as essential as rescinding the mark to market rule.)
Note that by requiring the use of the mark to market rule, the government that required that subprime loans be made, is now requiring that they be written down to near zero values that Secretary is advising the Congress are much less than their real worth. After all, his argument in selling his plan to the Congress is that the government can hold the loans for a short while and then sell them into the market for large profits. But, unless and until the mark to market rule is rescinded, The government will be able to sell subprime loans only to nonpublicly traded companies. So, to unload these loans for the promised profits, the mark to market rule will rescinded when it is in the interests of our government to do so.
In essence, the U. S. Government has required banks and other mortgage lenders to make imprudent subprime loans and, under Paulson’s plan, gets to steal them and later sell them for a profit. This is not a bailout. It is highway robbery. And, we are now getting to see the Paulson plan for what it is. This is a very incompetent man who rose far above his capabilities.
(For more postings from me, see TONGUE-TIED, DISSECTING LEFTISM, GREENIE WATCH, OBAMA WATCH (2), POLITICAL CORRECTNESS WATCH, GUN WATCH, EDUCATION WATCH INTERNATIONAL, IMMIGRATION WATCH INTERNATIONAL, FOOD & HEALTH SKEPTIC, SOCIALIZED MEDICINE, AUSTRALIAN POLITICS, EYE ON BRITAIN and Paralipomena . List of backup or “mirror” sites here or here — for readers in China or for everyone when blogspot is “down” or failing to update. My Home Pages are here or here or here. Email me (John Ray) here.)
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This is the exact same thing that Steve Forbes is saying. For some reason, I don’t buy it. Just think about this, if most of the sub-primes are performing so well, why did Fannie and Freddie basically fail? Why are all the folks holding that high risk paper failing? That is a point that is missed, if only a small percentage of these loans are outright bad.
If the overwhelming majority of those loans are being paid, then there would never be any problem, right?
Government creates rules for the subprime market. ACORN and other nongovernment community organizations abuse the rules to hurt financial expansion unless their goals are met.
Subprime market’s value is considered worthless despite people actually paying all their loans. Which such values are accelerated for all loans as poor in value.
The Federal Government seems all too eager for various reasons to stop or pass the bill. Nancy Pelosi gave a pass to Democrats up for reelection to vote ‘nay’ while attacking Republicans for the same reason as well as laying the blame at their feet. Barak Obama, the day after the failure of the bill, praises its passing which it did not and claims victory. He even went on in a speech later claiming that everyone must sacrifice for the sake of the country and the markets. All this after it was a Government SNAFU on all fronts for this mess in the first place with decades of escalation and Obama wants self sacrifice to cure the problems with other peoples’ money.
RORSCHACH mode off.
Cuomo is secretly operating outside the law and attacking my friend Denise who is a NYC yoga teacher. She’s very attractive and sweet lady who serves the community and travels to orphanages to give aid. Because she would not chase him and compete for his personal attention he has tried to destroy her life in NY. She has copies of the paperwork, emails & voice mails to prove it. He’s had her fearfull to come forward. First he stopped her credit card identity theft case being investigated by Detective Paul Arroyo of Precinct 24. Then he blocked Attorney Alfonso DeCicco from advising her on her apt rental; without his advise she lost her home and had to spend a fortune to move. Also her pressured her HMO doctor Elizabeth Uchitelle so badly for a small reimbursement, she eventually closed her office leaving my friend out in the cold. It’s time to bring this corruption for personal ego gain to the light. Andrew Cuomo is breaking the trust of the public he serves. He is not above the law. Let’s investigate this and let’s have full disclosure of the politician. Time for authentic and real justice for NYS.
The Government-Created Subprime Mortgage Meltdown
by Thomas J. DiLorenzo
The thousands of mortgage defaults and foreclosures in the “subprime” housing market (i.e., mortgage holders with poor credit ratings) is the direct result of thirty years of government policy that has forced banks to make bad loans to un-creditworthy borrowers. The policy in question is the 1977 Community Reinvestment Act (CRA), which compels banks to make loans to low-income borrowers and in what the supporters of the Act call “communities of color” that they might not otherwise make based on purely economic criteria.
The original lobbyists for the CRA were the hardcore leftists who supported the Carter administration and were often rewarded for their support with government grants and programs like the CRA that they benefited from. These included various “neighborhood organizations,” as they like to call themselves, such as “ACORN” (Association of Community Organizations for Reform Now). These organizations claim that over $1 trillion in CRA loans have been made, although no one seems to know the magnitude with much certainty. A U.S. Senate Banking Committee staffer told me about ten years ago that at least $100 billion in such loans had been made in the first twenty years of the Act.
So-called “community groups” like ACORN benefit themselves from the CRA through a process that sounds like legalized extortion. The CRA is enforced by four federal government bureaucracies: the Fed, the Comptroller of the Currency, the Office of Thrift Supervision, and the Federal Deposit Insurance Corporation. The law is set up so that any bank merger, branch expansion, or new branch creation can be postponed or prohibited by any of these four bureaucracies if a CRA “protest” is issued by a “community group.” This can cost banks great sums of money, and the “community groups” understand this perfectly well. It is their leverage. They use this leverage to get the banks to give them millions of dollars as well as promising to make a certain amount of bad loans in their communities.
A man named Bruce Marks became quite notorious during the last decade for pressuring banks to earmark literally billions of dollars to his organization, the “Neighborhood Assistance Corporation of America.” He once boasted to the New York Times that he had “won” loan commitments totaling $3.8 billion from Bank of America, First Union Corporation, and the Fleet Financial Group. And that is just one “community group” operating in one city – Boston.
Banks have been placed in a Catch 22 situation by the CRA: If they comply, they know they will have to suffer from more loan defaults. If they don’t comply, they face financial penalties and, worse yet, their business plans for mergers, branch expansions, etc. can be blocked by CRA protesters, which can cost a large corporation like Bank of America billions of dollars. Like most businesses, they have largely buckled under and have surrendered to their bureaucratic masters.
Consequently, banks in every community in America have been forced to hold a portfolio of bad loans, euphemistically referred to as “subprime” loans. In order to compensate themselves for the added risk of extending these loans, many lenders have increased the lending fees associated with mortgage loans. This is simply an indirect way of doing what banks always do – and what they must do to remain solvent: charging effectively higher rates of interest on riskier loans.
But this is discriminatory!, complained the “community organizations.” Thus, if one browses the ACORN web site, one can read of their boasts of having “predatory lending laws” passed in numerous states which outlaw such fees, prohibiting banks from protecting themselves from the added risk involved in making forced loans to “subprime” borrowers.
These are price control laws, and price controls always cause shortages. Normally, banks would respond to such laws by extending fewer riskier loans. But in this case the banks are forced to continue making the marginal loans by their bureaucratic masters at the Fed and the other three federal bureaucracies mentioned above. So-called predatory lending laws therefore force the banks to “eat” the losses. This is undoubtedly a contributing factor to the bankruptcy of dozens of mortgage lenders over the past year.
Then of course there is the issue of the Fed’s monetary policy having created the housing bubble, characterized by a spectacular escalation of real estate values in every American city over the past decade or so. This created a further problem for the financial institutions that are victimized by the CRA. They are forced to make a certain amount of bad loans, but because of the Fed-created explosion in housing prices, many thousands of subprime borrowers no longer qualified, by a long stretch, for conventional mortgages based on their incomes.
The only way these borrowers could qualify for their mortgage loans (even ignoring their bad credit ratings) was to take out adjustable rate mortgages, some of which had astonishingly low first-year rates in the 3 percent range, and sometimes lower. This is what has largely fueled the subprime mortgage meltdown – the inability of thousands of subprime borrowers to afford their mortgages now that their rates have adjusted upward. Thus, the combination of the Fed’s enforcement of the CRA (with the help of political pressure groups like ACORN) and its post 9/11 monetary policy in general are the reasons for the bursting real estate bubble and the “subprime” mortgage meltdown.
Don’t expect to read about this in the “mainstream media,” however, which generally views groups like ACORN as heroic champions of the poor, laws like the CRA as anti-discrimination laws, and places all of the blame for the subprime mortgage meltdown on greedy capitalists, especially mortgage brokers. Encouraged by such reporting, the odious Senator Charles Schumer of New York has promised federal legislation that will reign in these miscreants, while the Bush administration is proposing an indirect bank bailout by having the Federal Housing Administration cover many of the bad “subprime” loans. This will create what economists call a “moral hazard” by encouraging even more bad loans to be extended in the future. Every banker in America will be glad to extend loans (at high rates of interest) to the most uncreditworthy borrowers if he thinks there is no possibility of default with the FHA effectively guaranteeing the loan.
September 6, 2007
Thomas J. DiLorenzo [send him mail] professor of economics at Loyola College in Maryland and the author of The Real Lincoln: A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War, (Three Rivers Press/Random House). His latest book is Lincoln Unmasked: What You’re Not Supposed To Know about Dishonest Abe (Crown Forum/Random House).
Copyright © 2007 LewRockwell.com
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