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The Regulatory Moment

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Now that the subprime market is imploding, it seems that better regulation a few years ago would have saved us. Even market stalwarts such as Larry Summers concede that the market didn't provide enough discipline to prevent lenders from pushing lousing loans. But the no-regulation crowd isn't giving up. Summers, for example, says that the answer to the current crisis is not to regulate because that's just the generals fighting the last war.

A regulatory moment comes around rarely, but one is nearly upon us. Senator Dodd and Congressman Frank are pushing hard on the lack of regulatory oversight of subprime lending, and folks on both sides of the aisle are beginning to ask the regulators and business people some tough questions.

But the no-regulation crowd hasn't given up. They want non-regulation in response to the crisis precipitated by non-regulation.

Do they think that pouring more mortgage money into lousy loans will somehow help? At this point investors will be skittish about putting more money into a market that has just burned them, so the point is likely moot for a while. But putting better regulation in place now will serve two functions when the market stabilizes: 1) families won't get whacked by these really awful products, and 2) investors can have some confidence that they aren't about to repeat the Implosion of 2007. In other words, sometimes intelligent regulation can help--and now is the moment when we might get it.

In all the back and forth about subprime mortgages, most news reports miss a central fact: Many of the families that have subprime mortgage could have paid a mortgage with less onerous terms. For example, some families who were sold teaser rate mortgages that escalated from 2.9% to 12.9% may be in trouble even though they could have qualified and made payments on 7.9% mortgages. Other families were told they qualified for $400,000 mortgages, which they could not manage once the introductory rates ended, but they could have managed $200,000 mortgages. Practices like yield spread premiums encouraged mortgage brokers to steer others to subprime mortgages that they couldn't pay when their credit qualified them for prime that they could have repaid. In other words, the loan product itself caused part of the problem, not just the fact that the loan was made to someone with low income or damaged credit.

Sharp businesspeople like Herb and Marion Sandler and Martin Eakes built strong companies lending money to people of modest means, many of whom had credit trouble. But they didn't put their borrowers into loans they couldn't afford. The whole idea behind their lending model was to put them in loans they could afford--and to keep the default rates low.

A significant part of the problem in the subprime market is not simply that too many dollars were put into the hands of working families and people with bad credit. The problem is that too many exploding products--products that were designed from the beginning to become unaffordable--were sold around the country. Smarter, more effective regulation can help us avoid repeating that mistake.


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Not to worry, the Great Invisible Hand of Free Enterprise will regulate the markets most effectively/efficiently and the Easter bunny lays hard boiled eggs.

The problem is that too many exploding products--products that were designed from the beginning to become unaffordable--were sold around the country. Smarter, more effective regulation can help us avoid repeating that mistake.

Exactly. If I were to believe the talking heads and financial writers I might think that this whole mess is the fault of those who borrowed the money, rather than the deceptive products and practices that were used.

But one of the bigger risks of letting the banks write the current media script is that credit worthy, but risker borrowers will be unable to ever find financing.

It is not out of the realm of possibility that banks will welcome regulation that prevents them from making risky loans at the expense of actual reform of their practices and products.

BTW, nice interview on Fresh Air. I especially liked the tidbit about a class full of Harvard Law Students having trouble figuring out the rate on credit card application.

I do not believe we fully understand what happened in sub-prime. Certainly predatory lending played a role, some of that criminal, some perhaps suitable for regulation.

But not all of these loans, whetever they say on their face, actually went owner-occupied, lenders pushed them hard to investors who used them to speculate in "can't lose" markets like LA and Phoenix. Really, really ugly things can happen to investors who believe there is no direction but up.

Sub-prime was used by all types of investors, not just poor people or people with no credit. In particular I would be suspisious of 'stated/stated' which is to say stated income/stated assets and various types of no-doc loans. These loans were not written because people couldn't find their W-2s or portfolio statements.

It is possible to get multiple 'owner-occupied' loans on multiple investment properties. Sure it is mortgage fraud, yes you really would not want the FBI asking questions. But realistically they have a lot better things to do. After all in a up market nobody loses. Investors capture the appreciation without actually having assets in place for the totality of investments, originators and lenders get fees, investors get higher rates.

But if the market stalls even a little bit it can all unravel pretty quickly. And clearly the market in certain white-hot markets stalled to the point that investors on both ends lost money, banks got spooked and lenders started dropping like flies.

What we don't have is a true picture of the actual exposure. Certainly the industry would love to have this be all about poor people losing houses. Because while that looks bad, it kind of conceals the fact that the line between real estate investing and ponzi schemes can be pretty hard to discern. Because speculation using sub-prime is simply to make money on the float. But it all counts on the re-fi's. You have to know that you can get a new HELOC or whatever at precisely the right time. It is fascinating to watch money come out of nowhere. You just have to have a pretty unlimited appetite for risk.

So I don't know about regulation. A lot of this, as yet unquantified is just about rich people losing money. And as always they would love to stick us with the bill for the cleanup. I suggest we wait and watch a bit before we jump.

This is like the free traders that basically say the answer to ugly free trade is MORE FREE TRADE!!!! As if free trade and free speech were the same.

I am not the wonk, I don't know what regulation would be good and what would be bad.

I would accept no-regulation for one thing: bailout of the non-rich home owners AND NO BAILOUT of institutions and investors.

My fear is what we will get is bailout of institutions and investors while the individual home owners get the shaft.

How do we ensure that won't happen?

In place of myriad and often incomprenhensible regulations, why not a simple usury law to cap interest and late fees at a reasonable level over prime?

I agree with jerry that any bail out should put owner/occupants ahead of speculators -- individual or institutional, including REITs.

 

 

"The problem is that too many exploding products--products that were designed from the beginning to become unaffordable--were sold around the country. Smarter, more effective regulation can help us avoid repeating that mistake."

This is not quite fair. I am not sure there is any truly predatory loan. You surely have a lot of predatory lenders.

Each of those products has a place. If you know exactly what you are doing, have ready access to refi's, and you know your market. Banks don't make money on foreclosures, nobody does. The only person with a financial interest in pushing a bad loan is the originator and to some degree the intermediate lender.

The industry wants this to be a story about owner-occupied housing. But an as yet undetermined amount is investors who either mistimed their market or last access to a compliant lender. Investors losing money is not a tragedy, in some cases it is a positive good, bubbles are not good, that some investors feel the pain as it deflates some is not necessarily bad for that young couple who only want to own a home.

Certainly we could put a mechanism in place to review existing loans and find some way to get the truly predatory ones refinanced, at least for homes that are truly owner-occupied.

. But not every sub-prime loan is inherently predatory and not every investor who took one out a victim. This is particularly true for stated/stated and no doc. People borrow and lenders lend stated/stated or no-doc 100% LTV for a reason, and all the players know the score. People are willing to make a leveraged bet on real estate using other people's money and other people for a price are willing to lend them money. It is not much different than taking your credit card to the Casino. We don't bail out gamblers and there is no reason to bail out real estate speculators.

'Foreclosure' is an ugly word with ugly imagery. But it is also the formal process in which millionaires end up losing their real estate investment. How much of the recent uptick in foreclosures is really just people walking away from a no-equity investment in Phoenix? Where is the pain actually being felt? Because I can say that the anecdotal evidence to date hasn't been that compelling. Its like the Estate Tax and family farms. It becomes remarkeably hard to find real victims.

Foreclosure rates, price drops, lenders failing. Certainly measures to watch, not necessarily easy ones to understand. We are being set up for a bailout for investors. ARMs are not new, predatory lending is not new, what is new is that you can't make a flat out fortune in Las Vegas using other peoples money to buy condo units. Well tough, people missed the wave, they jumped on the gravy train just as the gravy bowl was pulled.

I was hired to take our company into a new real estate investment direction. My continued employment counted on at least one of three particular investments working out prior to next Dec 1. Returns from those investments among other things were supposed to fund my salary. Oops they fell through, one disasterously, and I laid myself off. Am I a victim? Hell no. That's real estate. We just need to make sure we understand who are the players. Because rich people losing money is only a crisis to the Opinion Page of the WSJ. Just as me losing a job is just a guy losing a job. It happens all the time but rarely makes it to crisis.

The serfs can't handle credit! And here's an anecdote to prove it! Right! I'm with Summers.

The homeowners who are being harmed are not the recent subprime and Alt-A mortgagors. The people who are being harmed are their next door neighbors who own their homes free and clear or have standard mortgages with substantial equity in their homes. It is these homeowners who are hurt when the forced "for sale" signs go up all over the neighborhood, when the house across the street is boarded up with plywood.

They're the real victims.

For as long as elitists wring their hands over the fate of unsophisticated borrowers (who, let's not forget, benefited from cheap housing costs), they will be met with counterarguments reminding them of borrowers' personal responsibility or charging them with promoting denial of credit.

Pushing mortgages toward people who can't afford them is like "block busting." But it's not those mortgagors who should gain our sympathy. Our sympathy should be with the homeowners who can afford their mortgages and were, before the bloom was off the subprime rose, and still are the backbone of these neighborhoods.

I was listening to the NPR money show and the guy was saying the sub-prime crash in general is not a big deal, and the Fed can just lower certain interest rates if it get to bad. Basically "pour more money into lousy loans."

Really annoying actually.

the Fed can just lower certain interest rates if it get to bad. Basically "pour more money into lousy loans."

This is good insight.  It is absolutely the solution that has driven our economy since the early 1900s.  If we are not disciplined by the Gold Standard on our money supply, the idea is that all we have to do to solve these economic problems is print more money.  Lending money is no different than printing more money, because of the fractional reserves required in our banking system.  It only delays the inevitable.  Eventually the loans have to be paid.  On a macro-economic level, it won't happen until the currency fails.  That will be painful.

Jim Anderson

The Truth About Credit

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People are overlooking the role of Fannie Mae in this, by buying up loans they freed up money for the lenders to start a new cycle. In addition reselling loans shifted the risk from the originators to those buying the loan portfolios. Mortgage brokers and other middlemen also make money on the origination and take on no risk - why wouldn't they push mortgages on anyone who can fog a mirror.

Scandals like this can't exist without the, at least implicit, complicity of government. There seems to be some indications that governments will offer some sort of bridge loans to those in distress to help them in the near term. Those who profited the most from amoral dealings will, as usual, walk away with the goodies.

--- Policies not Politics
Daily Landscape

I know, I know.... caveat emptor, but.....

I have heard far too many stories of folks being steered into products that paid big commissions to brokers rather than to loans that are better suited.

When dealing with the average populace, regulation should be geared to making the processes as transparent as possible rather than rosy scenarios with murkey figures.

I say this as someone who worked in an insurance firm that paid huge commissions on whole-life policies compared to term. Guess which our agents sold regardless of the needs of the average customer. I got out of the biz after 6 months.

Poor people are too juvenile & unsophisticated to handle things like Credit. Best to prevent them from getting it so they don't make bad choices in the future.

Very interesting thread. What we have here is another change in technology that has made existing regulation obsolete. The technology is securitization. It diversifies the risk to investors who are will willing to accept it in exchange for higher returns. Traditional regulatory models would not necessarily apply. Attempts to regulate origination of the loans with usury laws risks shutting low income buyers out of the market. Even full disclosure of the risks and rates may fail to help if the potential buyers are financially illiterate or deaf to warnings in expectation of rising prices.

The quick solution would be to include HOUSING prices (and possibly other assets such as equity securities) in our calculation of inflation. It is crazy that we do not. Then when a housing bubble gets started, the FED would have to raise interest rates. The bubble would be stifled, housing prices would stay wihtin reason, and financial markets would not be at risk from turmoil due to "unexpected" defaults.

This is like the free traders that basically say the answer to ugly free trade is MORE FREE TRADE!!!!

And I think that is pretty much true. As the WallStreet Journal noted recently, over 40 million jobs could be lost to outsourcing.

The author went on to note that when the educated elite start losing jobs, they'll rise up and be heard because, unlike the poor, they have political and economic connections to use.

For all I know, there might be a big shift in the way that we live life here in the US and, gasp, maybe we'll even adopt things going on in Venezuela.

It seems fair to me to bail out the rich, in this case, since the poor, many of them, probably got cash back on close and had a little fun. Now, the banks need their money back.


There was recently a great quote from Ron Paul on the "money problems" in this country: YouTube Video

He noted that early investors do well with new types of credit then, I suppose, it's all pyramid scheming after that to keep it going...

Even though he's a republican, I'd love to see this guy as president, if the rest of him is as good as his thoughts on economics.

Planning ahead, I think it's important that the inevitable bailout, which I expect some time in 2008-2009, help families keep their homes instead of helping shareholders keep their investments.The lenders who made these bad loans should not be denied the losses they earned.

Agreed, but how would we do that?

Under no circumstances should government pay tax money to lenders. Bailout money should be loaned directly to the homeowner, under terms similar to the Direct Student Loan program. Interest rates should be just enough to cover inflation and administrative costs, and could be subsidized on a means-tested basis.

Ellen -

I own my home free and clear.  My sister, who lives next door, doesn't.  Last fall her husband's employer annouced he would be going out of business at the end of the year.  The husband has found work but it pays less than half what he made before. My sister and their two children are all working as well.  The oldest child is a sophomore in college; the youngest will graduate high school this May.  Their hopes and dreams have been downsized along with their income.  The mortgage?  Not.  Just this afternoon I was asked to help.  I will of course do what I can but beyond my own home my resources are rather limited.  I feel the best advice I can give them is to see a bankruptcy lawyer to see if they can save their house that way.  But according to you, I'm the victim because my property value may be affected if their mortgage is foreclosed?  I don't think so.

 

Something worth monitoring, perhaps or eventually coming to a neighborhood near you: community-based homeowner equity protection.

Example. The Syracuse Home Value Protection (HVP) program, described here, and more recently here (covering 129 properties as of Sep 2006).

nb. Yale SOM (link corrected) is a participating partner which, in this case, includes Robert Shiller (Case-Shiller index, Irrational Exuberance, housing bubble doomsayer, e.g. Built of Sand, Barrons, 26 Mar 2007).

But won't that plan have the effect of bailing out the lenders?  Mortgagors will use the funds they borrow from the government to pay the lenders which is all the lenders really want anyway?

In your case, agreed; but if 10-20% of your other neighbors -- many of whom may not be blessed with generous sisters -- experience problems similar to that of your sister and her family, you may well find yourself seeing something like this.

And even if your neighborhood appears to be stable (homeowners have been around for a while, turnover's low) most subprime loans have been used for refinancing (and MEW, that is, equity withdrawal).  That couple down the block who just returned from that marvellous Hawaii vacation may be going into foreclosure tomorrow. 

I appreciate your reply -- I think the answer to ugly free trade is fair trade.

Free traders like DeLong seem to suggest that it is a shame that Americans will slip backwards in terms of pollution, wages, occupational safety, retirements, but that it is our moral duty to do so so that the countries can be brought up to the happy medium as absolutely quickly as possible.

Fair traders note that free trade is good, but we should hesitate to give up what our fathers and their fathers paid for with their blood, environmentalism, occupational safety, wages, etc. And that what the DeLong's call free trade is actually subsidized trade and there is nothing free about it.

Fair trade is free trade with morals, and by watching who you are trading with. If the employees in the other country are not free to choose about so much in their country, including the ability to organize, then it is not free trade, it is subsidized trade, it is bad trade.

Fair trade says let's trade, and let's bring everyone's standards up, but let's not let anyone slip, and if that means it takes 50 years and not 20 years, that will be okay too and will probably end us all at a higher position than before.

I know how to differentiate between institution, investor, and pretty much us peasants with a mortgage.

I think it's harder to differentiate between family that got a sub-prime with every good intention, now has a house, and a bad problem on their hands, with family that honestly yes took the equity out with a sub-prime and went to Hawaii, but all with the good intentions they were sold, with folks that knew ahead of time how bogus this was and intended to cheat the system.

Again, I want to make sure the market feedback goes to the institutions and the shareholders. They are the ones are capitalist society says should bear the brunt of giving out a stupid loan. My fear is that it will be all taxpayers that bear the brunt and that the institutions and investors will be made whole.

So frankly, if I understand your example, and I am not sure I do, I may agree with you, but I just am not worried (yet) about making whole too many homeowners including ones that somehow knew they were scamming the system.

Just brainstorming here....

Create a new "chapter" of bankruptcy/foreclosure. The Chapter 2007 Bankruptcy.

If you can go Chapter 2007, it means your mortgage is wiped out with the original lender, they get nothing (*). The Feds and/or a new Fannie Whatever is given the marked down mortgage and they have to write the mortgage for an amount and a rate that the court agrees on.

(*) Furthermore, if you go Chapter 2007, the taxpayers present a bucket of pig urine from the toxic ponds that blot the countryside and the COB/CEO/CFO of the original lender have to take a public and youtubeable shower in that pig urine.

I would do it something like that.

It’s a bit simplistic, but the stark fact is that the subprime mortgage crisis is fundamentally about the stagnation and decline of working class wages in America over the past decade and more.
If the percentage change in wages from 1959 to 1981, when Reagan became President, had held at 5.478% for the past 26 years, average weekly earnings for private industry today would come to $53,802 in annual wages, rather than the $29,473 we now have. (These are my own calculations, based on Table B-47. Hours and earnings in private nonagricultural industries, 1959-2006 in the 2007 and 2004 Economic Reports of the President.) If American workers had been earning an extra $24,000 a year the past few years, how many people would have needed a subprime mortgage to buy a house, or would have needed to refinance their mortgage to take some equity out?

You wouldn't happen to know how to go about buying a particular mortgage, would you?  There must be a lot of them that have been discounted significantly in the last few months.

It seems fair to me to bail out the rich, in this case, since the poor, many of them, probably got cash back on close and had a little fun. Now, the banks need their money back.

Sometimes I am dumb and if so I apologize....

Are you pulling my leg?

It's been known for at least 30 years, that under neoclassical economics, as taught in graduate schools throughout the world that:

if you have a transaction between 2 parties (like taking out a subprime loan):

- you will not get the market optimal transaction if
one party is party to information another is not

There is a famous paper 'The Market for Lemons' by George Akerlof, who later won the Nobel Prize for it, which explains this quite clearly.

In addition, more recent work (the subject of another Nobel Prize) by Daniel Kahneman, Amos Tversky and Richard Thaler, shows that humans don't make fully rational, fully informed economic decisions, and they are quite easy to fool, because of built-in biases which show up again and again in lab studies.

This follows on from an observation made in the 1950s by Herbert Simon (who helped found the modern discipline of computer science, but was also a very talented economist, and another Nobel Prize winner) that human beings 'satisfice' ie they don't consider the full range of costs and options available to them, they focus on making a choice from a limited selection of options.

Milton Friedman, in his models of the economy, explicitly makes this assumption (adaptive expectations).

Subprime loans are a field rich for such 'asymmetric' negotiations and transactions. It's small surprise the borrowers lose out.

I was thinking about predatory type lending practices (car-title loans anyone?).

Re: average weekly earnings for private industry today would come to $53,802 in annual wages, rather than the $29,473 we now have.

This is a bit confused, isn't it? Who makes 29k PER WEEK?
Moreover median annual salary is around 40K, not 29K. (Median is more useful here thanaverages since people like Bill Gates skew the average higher).

I thought Akerlof's argument was that in conditions of asymetric information, the negotiated price was suboptimal.

For example, if I don't know the true condition of the used car you're selling me, I must bid less than its "use value" to cover myself for those few times when I'll be buying a lemon.

Under Akerlof's theory the loser in the mortgage negotiation should be the lender, yes? And if that's not the case, how is the mortgage negotiation different from the used car negotiation?

If the lenders get paid in the process of families keeping their homes, that would be the best possible outcome.

In a market for lemons, no transactions take place at all. Those with high value used cars will not accept the current price. Only those with lemons will...driving the price still lower until the market collapses and no transactinons occur. I do not see the application to this argument but it is a good description of why the market for private health insurance does not work (the higher the premiums, the more healthy people drop out, driving the premiums higher, etc).

Tversky and Kahneman demonstrate that people will avoid losses more than they will seek gains. This does apply to the housing market. In a declining housing market, many owners are unwilling to accept a price below what they paid. Rather than than the market clearing at a lower set of prices, normal market activity often grinds to a halt.

What I believe applies to the subprime situation, though, is the psychology of the bubble. Like tulip bulbs in 17th century Holland and internet stocks not so long ago, people become willing to pay an irrational price in expectation of a gain.

Many of the buyers in a bubble are speculators. When I tried to buy a home in the Boston area two years ago, EVERY house we found in our price range had been bought by a speculator (usually realtors) within the past twelve months. With prices increasing 20% per year, the returns on the down payment and holding costs was as high as 200%. Lenders were happy to provide interest only loans with nominal down payments to support this activity. Think about it: do we really want to bail out either the lender or the speculator?

Here's my thing: I think some of the rules that make it more difficult to get loans sometimes keep people who are willing to take the risk from getting loans they could very well service.

Personally, I used the SISA (stated/stated) loans because I choose to dedicate a higher proportion of my income to housing than they say I should. I drive a slightly less nice car and have a nicer house.

But, I guess my question is, how do we make sure that people have access to money while not causing a crisis where people lose their homes?

In a declining housing market   .   .   .   normal market activity often grinds to a halt.

But this time what with subprimes, Alt-As and ARM readjustments, the lenders may compel the market to be active -- abnormal though that activity may be. 

As I've said on this thread, somewhat inelegantly, I'm more concerned with the effects on homeowners who weren't involved in blowing the bubble -- the homeowners next door who are mortgage free or who are carrying prime 30- or 15-year mortgages.

I'm concerned with the "tragedy of the commons" issue.