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Slick Deal for the Banks

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Later today George Bush will announce his administration's plan to deal with the subprime meltdown. Instead of a change in the law, this is a voluntary deal negotiated with some large mortgage lenders and mortgage servicers. If it works, it's a slick deal for the lenders. But it may be too small to do any good. The plan has two features that shape the whole deal:

1) The lenders decide who gets the benefits and who doesn't. This seems to be the Goldilocks Game. If the borrower is too cold (not credit worthy even for the teaser rate), no deal. If the borrower is too hot (could pay on the reset), no deal. Only borrowers who are just right (can pay currently, but can't pay more) will get the deal. And the mortgage servicer decides who gets to be Goldilocks.

2) No permanent solution. People will have up to five years at teaser rates and then they are on their own. The only way this doesn't recreate the mortgage crisis down the line is if families can figure out on their own how to refinance into sustaintable (usually fixed) mortgages. Refinancing means more people heading to mortgage brokers and more fees, etc.

The no-stripdown aspect is crucial. Lenders (actually investors now holding SIVs) will forgo interest increases for up to five years, but the homeowner remains liable for the full amount of the principle, fees and interest, regardless of the value of the property. If this works, the lenders get much more than they would have gotten in foreclosure on these properties, they can ratchet up the value of their weaken portfolios of CDOs and SIVs, and they can declare the crisis has been averted.

A huge part of the subprime market was for 100% financing, which, in reality was more like 110% Loan-to-value because of fees that were also rolled into the financing. Of course, those valuations were based on a rising market. In a falling market, a huge proportion of subprime mortgages are now in the 125% LTV territory--"below water" in the foreclosure parlance. The current "deal" will have homeowners paying off all the mortgage debt or facing foreclosure once again.

Whether you think that homeowners ought to pay all of the debt or not, regardless of the value of the property, it doesn't make much sense from a families' point of view to do so. Those who can't pay will walk away. That means property values will continue to sink and foreclosures will continue to rise. In other words, the crisis isn't over.

One other note: There's no talk about the infrastructure for this deal. Those who live in the bankruptcy world know that estimating ability to pay through evaluation of debtors' income and expenses is tough. Right now the mortgage servicers don't have enough trained people to answer the phones. I talked with someone from the office of a state attorney general yesterday who said that even when they call and explain that they are investigating, they can't get through. Good luck for the average homeowner trying to get a workout.

OK, one more note: Investors--the ones whose interest payments are being negotiated away here--aren't all at the table. This is a deal in which some lenders who hold some debt and some mortgage servicers are planning to give away their own collection rights along with the right of some third parties who have not consented. The lawsuits will fly thick and fast over this.

And the last note: Much as I would like to see some sort of "fix" happen to the mortgage market, I find it ironic that the borrowers it would help most are those who are not already in default, i.e., the ones who have the least urgent need for relief. The lenders really need to address the problems of those whose rates have already re-set, and who may have already missed a payment or two. These folks are still headed for foreclosure.

By making the reach of the deal too narrow and by not offering any permanent solution, this deal isn't likely to stop the slide in home prices or halt the wave of foreclosures. Without that, the lenders' portfolios will still stink, and they will lose the benefits of their own slick deal.


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The real problem has more to do with how our government interferes with the free market with policies such as this, which makes these problems worse. If we want a more permanent solution, we need to consider the root of the problem. Read this:

A recent exchange between Congressman Ron Paul and Ben Bernanke took place during Bernanke’s testimony before the Congressional Joint Economic Committee on November 8, 2007. Congressman Paul, instead of referring to either the PPI or CPI, referred to the MZM money aggregate:

“Currently, of course, we can’t follow the money supply with M3 but we can follow one of your statistics, which is the MZM — the ready cash available — and we see that inflation is alive and well. That money supply figure is going up about 20 percent per annualized.”

In a typical Austrian analysis of the business cycle, Congressman Paul attributed both the NASDAQ bubble and the more recent housing bubble to interest rate manipulation. Congressman Paul’s interpretation of the Austrian Business Cycle Theory (ABCT) suggests that distorted messages transmitted via the price mechanism to consumers and to investors in particular cause malinvestment to occur within the economy. Specifically, Congressman Paul pointed out the 1% federal funds rates that followed the September 11th attacks as evidence of the Federal Reserve distorting the economy and likened the role of the Federal Reserve to that of a price fixer. After first attributing the problem of bubbles in the economy to the Federal Reserve’s expansion of the money supply, Congressman Paul then questioned how a further inflation could prove helpful.

The Achilles heel of all statist attempts at central economic planning is the problem of economic calculation. Ludwig von Mises, who first formulated the theory of economic calculation, reasoned that socialist planning was theoretically impossible because of its inability to rationally allocate resources due to the absence of information provided by prices determined in the marketplace. Mises’s reasoning holds true for artificial manipulation of the “time market” for interest rates:

“What economic calculation requires is a monetary system whose functioning is not sabotaged by government interference.”

Artificially low interest rates result in an impairment of the economy’s ability to perform economic calculation.

In 1974, the year following the death of Ludwig von Mises, Frederich August von Hayek won the Nobel Prize in Economics for his “pioneering work in the theory of money and economic fluctuations and for their penetrating analysis of the interdependence of economic, social and institutional phenomena.”

Hayek’s Nobel Prize–winning theories drew directly from Mises’s work on the business cycle. Hayek showed, in his book Prices and Production, how monetary distortions caused by inflation and credit expansion cause the capital structure of the economy to become maladjusted.

New money that enters the economy does not affect all economic actors equally nor does new money influence all economic actors at the same time. Newly created money must enter into the economy at a specific point. Generally this monetary injection comes via credit expansion through the banking sector. Those who receive this new money first benefit at the expense of those who receive the money only after it has snaked through the economy and prices have had a chance to adjust.

Perhaps the most current rendition of the ABCT is that of Professor Roger Garrison. In Garrison’s model, as presented in his book Time and Money, the market for loanable funds is linked to a production possibilities curve that shows the economic tradeoff between capital investment and consumption. These two diagrams are then linked to a Hayekian Triangle illustrating the capital structure of the economy. Through his model, the manipulation of the money supply by a central bank can be analyzed. By lowering interest rates below a sustainable market level a diversion develops between the time preferences of investors and consumers. The result is malinvestment in capital goods by entrepreneurs. In due time, this “cluster of errors” by investors manifests itself in a recession.

Bernanke responded to Congressman Paul’s remarks on inflation by saying that the Fed is acting under its Congressional mandate to promote full employment and maintain price stability. Bernanke’s remark prompted Congressman Paul to open a second Austrian front in his war of economic theory with the Fed Chairman. Congressman Paul pointed out that the value of the dollar is falling not just domestically, but also abroad.

“How can you do this and pursue this, the policy that you have, without further weakening the dollar? There’s a dollar crisis out there and people’s money is being stolen; people who have saved, they’re being robbed.”

Congressman Paul continued:

“I mean, if you have a devaluation of the dollar at 10 percent, people have been robbed at 10 percent. But how can you pursue this policy without addressing the subject that somebody’s losing their wealth because of a weaker dollar?”

Fed Chairman Bernanke, however, saw no such problem. According to Bernanke:

“If somebody has their wealth in dollars and they’re going to buy consumer goods in dollars and it’s a typical American, then the decline in the dollar, the only effect it has on their buying powers, it makes imported goods more expensive.”

While Bernanke’s conclusion is correct in that the decline in the dollar will cause imported goods to become more expensive, only an acute case of myopia can prevent one from seeing that the rising price of imported goods is not the “only effect it has on their (the typical American’s) buying powers.”

Murray Rothbard was aware of the profound implications caused by the occurrence of falling exchange rates in the period following President Nixon’s 1971 announcement that the United States was withdrawing from the International Gold Exchange Standard.

“American tourists suffer abroad, and cheap exports are snapped up by foreign countries so rapidly as to raise prices of exports at home (e.g., the American wheat-and-meat price inflation). So that American exporters might indeed benefit, but only at the expense of the inflation-ridden American consumer,” says Rothbard, in What Has Government Done to Our Money?

A few short years after Nixon declared the United States Government bankrupt by refusing to repay debts in gold, the United States economy began to suffer its worst economic downturn since the Great Depression. An inflationary recession had arrived and this time the embattled American consumer could seek no solace in the “merciful veil of deflation” (Rothbard, America’s Great Depression, xxxiii). The stagflation of the 1970s brought with it high unemployment and high inflation.

Another casualty caused by a falling exchange rate is the economy’s structure of capital. Ludwig Lachmann emphasized that “capital resources are heterogeneous” (Lachmann, Capital and Its Structure, 2). Any particular capital good (higher order good, i.e., not a consumer good) can only be used for a limited number of purposes. Capital goods, in other words, are not perfect substitutes for one another. Only specific combinations of capital goods can complement each other such that a harmonious integration of the economy’s capital structure results.

The limited range of uses of any particular capital good is what Lachmann referred to as “multiple specificity.” When capital goods can no longer be profitably employed in their original optimal configuration, the owner of the capital must revise his plans. Capital goods will then be regrouped and employed at their best alternative uses on a scale of alternative possibilities. In this process, a loss of value will often result because the capital is now employed in ways other than those for which it was originally intended.

Changes in exchange rates brought about by the Federal Reserve’s expansion of the money supply inevitably results in relative price changes of the factors of production. This is not the working of the free market allocating society’s scarce resources to meet the most urgent needs. These relative price changes will invariably result in a shift of the rates of industry profitability in favor of certain industries and at the expense of other industries. Friction occurs within the economy while the structure of capital grudgingly restructures as it loses value accommodating the new economic landscape produced by governmental interference in the workings of the free market.

In conclusion, inflation wreaks havoc on the structure of capital. It does so not only through the intertemporal misallocation of resources that takes place when the interest rate no longer reflects the social rate of time preference, but inflation also wrecks the existing structure of capital by introducing unpredictability into entrepreneurs’ plans that rest on predictable exchange rates.

Wealth is lost not only through a devaluation of currency, but also by way of the transition of capital from its intended uses, in the face of a now unprofitable business venture, towards its second best use. A central-bank-engineered monetary expansion producing falling exchange rates is a pecuniary externality resulting in a Lachmannesque kaleidoscopic vision of capital forever in disequilibrium. 

This is why we need to write our congressman to support the "Honest Money Act" Go here to write your congressman.

Jim Anderson

The Truth About Credit

Facebook Profile

Ministry Website

By making the reach of the deal too narrow and by not offering any permanent solution, this deal isn't likely to stop the slide in home prices or halt the wave of foreclosures.

What about the equity loans? What about the taxes? What about maintainence? And higher gas prices? The only solution I can see is a housing market reset. Unless things change, the American Economy isn't going to be fueled by consumer debt much longer. But maybe there will be a new magic bubble?

Peter Schiff, who was featured in the Warren Reports, recently suggested that consumer credit will be completely cut off in about 18 months!

And too many people are starting to understand that current home prices are too high and include the previous owner's lifestyle costs.

Some people predict very rough times ahead! I don't think we can stop them. We'll see, of course!

I'm a satisfied renter. Even though I spend less than 10% of my income on housing, I still voluntered to shovel snow this winter for a rent break since handups are better than handouts.

To boldly go...

Uh, what plan??? President Bush commented that lenders don't have to raise interest rates -- on people who have positive equity and perfect payment histories -- if they don't want to.

Even on its own terms, it's a stupid "plan." The meltdown is not caused by people with equity who've never missed a payment. Those people can refinance just fine on their own.

The people in trouble are the ones with negative equity, who can't afford their payments. And for them, walking away from the house is a perfectly rational thing to do. The Bush joke does nothing to change any of this.

The lenders decide who gets the benefits and who doesn't. Elizabeth Warren

Actually, the purpose of this "agreement" appears to be just about the opposite.

Paulson convoked these negotiating sessions when he concluded that there were so many at-risk mortgages that there was no way the mortgage servicers could "decide who gets the benefits and who doesn't." There simply aren't enough loan officers -- even barely trained ones -- to do the job. Thus, there had to be a generalized standard for saving some group of mortgages* from going into default. The difficulty was that the investors weren't at the table, and, as with the tens of thousands of absent mortgagors, there are tens of thousands of absent investors.

Problem: How to bind those absent investors without violating the Constitution -- specifically, the Contract Clause.

Answer: Look to the language in the PSAs (Pooling and Servicing Agreements), because these agreements authorize, under certain conditions and circumstances, the mortgage servicers to modify the terms of the pooled mortgages. PSAs without the requisite authorizing language are free to and presumably, will opt out of the deal.

In the end it looks like neither the lenders or the borrowers have much freedom of action. What can and cannot be done was decided years ago when the PSAs were drafted.

* Note: "mortgages," not "mortgagors." As to the latter, no one cares a hoot about them. This is about saving the banking (credit generating) system.

IANAFG (I am not a Finance Guru), however, I did find your 'Goldilocks' comment funny--at first, I thought it was talking about the financiers, not the creditors. To a naive layman like myself, I thought this would refer to the Goldilocks lenders, who willingly put so much at risk, and whom seem to be the real beneficiaries of an extraordinary bailout--which the less knowledgeable might describe as 'wingnut welfare.'

Those who can't pay will walk away. That means property values will continue to sink and foreclosures will continue to rise. In other words, the crisis isn't over.

First, you do not know that this will happen, you only assume so in order to bolster your case for a wide-ranging homebuyer-bailout. Second, as a prospective homebuyer, I actually wish what you say would happen to an extreme degree. However, even knowing my own selfish motivations, I'm not entirely convinced that this will happen. In general, it cannot be denied that we need a general and long-term decline in housing costs--especially in the Midwest and Northeast where population is declining.

Housing costs are eating what little wage growth the average American household enjoys, so real liberals should prefer that average Americans were able to enjoy a better life, not inflated housing costs. And, there is no way wage growth will catch up to those housing prices you so adore any time soon.

Here's what's going to happen. (You heard it here first.) Good neighborhoods with well-built homes and good location will suffer some years of stagnant housing prices. Anyone who's solvent and needs to move out soon will have to live with breaking even. Neighborhoods that were considered "bad" or "cheap" before the boom, and are now riddled with over-extended buyers, will head into decline at an accelerated pace. Houses will be abandoned and bulldozed, which will invite future, first-time home buyers and people seeking better location to build higher-quality, modern houses that will reverse the decline. Time and tide heal all wounds.

I actually wish what you say would happen to an extreme degree. However, even knowing my own selfish motivations,

is it selfish? some folks have claimed that gutted home prices could help america since if "cost of living" goes down then labor becomes cheaper. i.e. structually high costs can strangle labor markets and make outsourcing to places like Latin America, India and China look necessary.

i.e. boom and bust cycles have always been with us.

You heard it here first.

it seems like you're talking about 'reverse genetrification' and that's been talked about already since people 'with money' were able to sell houses to people with 'no money' and when people 'without money' come into the neighborhood, things will change.

modern houses that will reverse the decline

I think this will happen only if there's another bubble. Salaries haven't risen with home prices... so one or the other has to give.

the sad thing about "modern construction" is that homes are held together with glue. in phoneix, for example, it's been written that if the air conditioning is turned off, the house will melt!

To boldly go...

Here is a little news for those facing foreclosure, that might be encouraging, if you are willing to make the challenge.

Deutsche Bank was recently challenged by a U. S. Federal judge to present the contract documentation for mortgages it was foreclosing on.  It didn't have the documentation to present.  They lost their case, and the right to sue to collect on these mortgages.  Banks have become so confident that they can sue anyone for default on loans and get a judgment with little effort, that they have stopped using resources to keep the documentation on their loans for enforcement purposes.  Courts have simply stopped asking for evidence.  The debtor is presumed guilty of default just by being accused.  I became aware of this back when I fought Citibank.  Unfortunately, in my case the judge chose not to require Citibank to present any proof of the debt, and ruled against me, simply because of a statement of fact I made - that I did not owe the debt.  This shifted the burden of proof on me.  I had to prove that I didn't owe the debt, or lose my case.  The judge refused to honor my request for proof of documentation in discovery because Citibank said it was too cumbersome and expensive to produce.  I found this apalling, and very scary, not to mention unjust.  The judge in this case brought by Deutche Bank has discovered the "condescending mindset" (the judge's words) that has me very afraid.

I am finally vindicated, though I wish I could get my $20K back.  My insight has been shared now with a Federal judge.  This is encouraging.  You see, the real problem here is with debt collectors who buy debt.  The law doesn't really give them the right to collect if they don't have all the proper documentation that they own the debt.  Furthermore, they can't prove they have real damages because they didn't make the loan.  They knew it was risky when they bought it.  The courts have treated third party debt collectors as if they were the actual lenders.  A similar situation has been going on in mortgages as well, as a result of securitization of mortgages.  Third parties trying to collect in court have very little legal basis for suing for payment. 

The New York Times even reported that judges are getting tired of lenders trampling on court rules and procedures.  Thank God!

Jim Anderson

The Truth About Credit

Facebook Profile

Ministry Website

They lost their case, and the right to sue to collect on these mortgages.

Not exactly.  The case was dismissed without prejudice.  The plaintiff, Deutsche Bank, will obtain the necessary assignment, record it, and be back in court in a jiffy.  Indeed, the bank may already have refiled its foreclosure action. 

 Okay, I missed that, but it makes sense.  However, I know they are not going to have it as easy the second time around.  They have to convince the court as to why the court should hear their case again.  They should not only be required to present the assignment, but the actual contracts.  They should also be able to document the real damages to them, not the theoretical damages which these plaintiffs often claim.

The good news here is that lenders need to start proving their cases before they sue.  There are people who are sued for debts they don't owe, like I was, simply because the system assumes the defendant owes the debt at the very outset, without knowing all the facts.  Lenders are given a free ride, and as a result have recognized that there is no need to prove their case in court with documentation of the very contract that is in dispute.  Credit card companies don't keep any documentation, and if properly challenged will face the same problem, and have, yet our system has swept these cases under the rug.  The credit card companies would have a difficult time continuing if they had to provide real evidence of the debts they sue for.  They don't keep it, it doesn't exist when they sue, it is simply accounting entries.  If we want to hold credit card companies accountable for their lending practices, this is one way to do it.

Jim Anderson

The Truth About Credit

Facebook Profile

Ministry Website

If we want to hold credit card companies accountable for their lending practices, this is one way to do it.

it seems like you are blending together lending and spending problems.

i.e., you might not like the way that banks lend but that doesn't forgive the way that people spend.

i.e. credit card companies issue statements monthly and, at least in my eyes, continued use of a credit card implies acceptance of the last issued statement.

and, when I was in Tucson, my credit card company even called me before the end of the billing cycle to ask me about "suspicious charges" and I learned from them that someone had stolen my credit card number...

if people start refusing to pay credit card bills because of "missing receipts" months later, the credit card companies will simply make people agree that "by paying this credit card bill, I agree that it's correct" so their liability is limited simply to the last statement.

To boldly go...

I was mainly talking about the industry's use of third party collectors. Being able to sue without documentation leaves the door open for some real dasterdly deeds. I won't get into the specifics, but you have a point if the original lender is collecting.  I still think it is wrong to use the legal tactics credit card companies use, and believe it should be kept simple.  Stick with the original contract, and stop all this contractual trapping.  The tactic you mention would work, but what happens if there is a dispute?  The consumer will simply lose out because they are at the mercy of the credit card company's determination of what is correct.  There are cases where proof would be appropriate in court. For instance, when a dispute is denied by the credit card company, and the amounts are significant enough to bring them to court. (as it was in my case.)

I agree people should be more responsible in their spending by aggressively avoiding borrowing, however, lenders should also be more responsible in their lending.  I think lenders are far more guilty of taking advantage of people, than people are of irresponsible spending.  Look at the statistical causes of bankruptcy.  It is far more likely that financial failure comes from events beyond our control.  If we didn't borrow, and we saved, those events wouldn't cause bankruptcy.  Of course, everybody has their own ideas about this.

The problem goes much deeper than being "responsible" consumers or lenders.  See my first post.

Jim Anderson

The Truth About Credit

Facebook Profile

Ministry Website

It is far more likely that financial failure comes from events beyond our control.

I have no problem believing this is the case. And making a deal with the devil is certainly not a good way to solve the problem.

My question is, "if this is so," why not ask congress to pass a law for "zero interest loans" in the case of a disaster?

i.e. declare bankruptcy before you are actually bankrupt.

savers do this because they save and downsize their life to hedge against financial turbulence.

The problem goes much deeper...

I totally agree and that's why I get nervous when people blame the credit card companies because I believe that both the consumer and their credit card company become victims together.

It really makes more sense, in my mind, for-- as I mentioned, society to have a "distress fund" that people could borrow against in an emergency. And, if it's discovered that the funds were used for non-emergency spending, then the balance would be assessed prevailing interest rates.

And, as I've mentioned in the past, those who are in debt should be forced to visit a financial planner and draft a repayment plan and budget. In fact, anyone who makes more than 3 minimum credit card payments a year should probably be forced to see a financial planner and draft a repayment plan and budget or lose their ability to use credit cards.

To boldly go...

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