
D'oh!
Many people are still snookered by the right-wing blogosphere's accusation that the Democratic Party is solely to blame for the current financial crisis. As I noted in The Liberal Subprime Crisis: Myth and Reality, claims that the cause of the crisis was the Community Reinvestment Act of 1977 are particularly overblown. Not only was there not much CRA activity during the period in which the current crisis bloomed, but the number of CRA loans involved in the crisis is particularly small.
Nevertheless, the hard Right insists that without Democrats pushing banks to make risky and ill-considered loans, the economy would be just fine. In their universe, it was perfidious Democrats who insisted that mortgage firms and banks grant loans to people who were high credit risks, and who could not afford mortgages. Again, one has to consider the facts before reaching a conclusion, and facts seem in scarce supply in these accusations against liberals and Democrats. How true is the assertion that Democrats forced reluctant bankers to give out loans to bad credit risks over the protests of the Republican party?
You'll no doubt be shocked to learn that the answer is "not very." Consider the following facts:
President Bush's "America's Home Ownership Challenge" pushed the private lending sector (as well as Fannie Mae and Freddie Mac) to make more than 5.5 million new minority and low income mortgage loans. To meet his challenge to the private lending industry, twenty four of our largest banking and lending companies pledged to make 1.1 trillion dollars in low income and minority loans. Bush's "America's Home Ownership Challenge" pushed private lenders to "create more creative" loan products, and encouraged them to "loosen underwriting standards." In the Bush press release "A Home of Your Own EXPANDING OPPORTUNITIES FOR ALL AMERICANS, PRESIDENT GEORGE W. BUSH JUNE 2002", the administration even pushed Freddie Mac and Fannie Mae to increase the capital available for such loans--
The government-sponsored corporations created to increase the liquidity of mortgage markets, so more capital would be available for mortgage loans, are supposed to lead the market in reaching underserved populations. While these corporations have increased their commitments to these efforts, they lag behind private lenders in this regard, according to government studies. The Administration will revisit the regulatory goals for these corporations' purchases of affordable housing loans, which are set to expire in 2003. The federal government should demand more and should hold such publicly-chartered corporations accountable for better performance.
In this instance, "better performance" is seen as an increase in capital available for mortgage loans to underserved populations. That's the opposite of what should have been happening if Republicans were concerned about the fragility of the industry.
The Bush administration was on the forefront of pushing risky mortgages. From Bush Administration's White House Press Release entitled, "Focusing on the Nation's Priorities – Meeting America's Housing Needs":
In 2002, the President issued America's Homeownership Challenge to increase first-time minority homeowners by 5.5 million through 2010. The Federal Housing Administration (FHA) mortgage program is an important tool for reaching that goal. In 2006, 31 percent of those using FHA mortgages were minorities purchasing their first home. The 2008 Budget continues Administration efforts to modernize FHA by improving its ability to reach traditionally underserved homebuyers (aka those who do not normally qualify for loans), such as low- and moderate-income families, individuals with blemished credit, and families who have little savings for a down payment.
It's a bit of a problem to claim that the Democrats were responsible for pushing risky loans and relaxed underwriting, when the Republican President, with the complicity of his party, demanded loans be extended to individuals with blemished credit, or who could not afford down payments.
While in Georgia in 2002, Bush made a speech in which he directly stated
One of the barriers to homeownership is the inability to make a downpayment. And if one of the goals is to increase homeownership, it makes sense to help people pay that downpayment.
... And let me talk about some of the progress which we have made to date, as an example for others to follow. First of all, government sponsored corporations that help create our mortgage system -- I introduced two of the leaders here today -- they call those people Fannie May and Freddie Mac, as well as the federal home loan banks, will increase their commitment to minority markets by more than $440 billion. (Applause.) I want to thank Leland and Franklin for that commitment. It's a commitment that conforms to their charters, as well, and also conforms to their hearts.
This means they will purchase more loans made by banks after Americans, Hispanics and other minorities, which will encourage homeownership. Freddie Mac will launch 25 initiatives to eliminate homeownership barriers. Under one of these, consumers with poor credit will be able to get a mortgage with an interest rate that automatically goes down after a period of consistent payments.
It was the Republican administration which directed Fannie Mae and Freddie Mac to more aggressively serve risky markets, and threatened their charter if they did not do so.
On December 16, 2003, President Bush signed into law the American Dream Downpayment Act of 2003, which will help approximately 40,000 families a year with their down payment and closing costs, and further strengthen America's housing market. This legislation complements the President's aggressive housing agenda announced in 2002 to dismantle the barriers to homeownership.
(From White House Press Release "American Dream Downpayment Act of 2003 – Expanding Homeownership Opportunities for All).
The American Dream Downpayment Act of 2003 followed Bush's admonishment that capital must be made available to "low- and moderate-income families, individuals with blemished credit, and families who have little savings for a down payment."
The Republican administration had HUD offer "zero down payment" mortgages, and risky 3, 5, and 7-year ARMs.
BUSH ADMINISTRATION ANNOUNCES NEW HUD "ZERO DOWN PAYMENT" MORTGAGE Initiative Aimed at Removing Major Barrier to Homeownership LAS VEGAS - As part of President Bush's ongoing effort to help American families achieve the dream of homeownership, Federal Housing Commissioner John C. Weicher today announced that HUD is proposing to offer a "zero down payment" mortgage, the most significant initiative by the Federal Housing Administration in over a decade. This action would help remove the greatest barrier facing first-time homebuyers - the lack of funds for a down payment on a mortgage. Speaking at the National Association of Home Builders' annual convention, Commissioner Weicher indicated that the proposal, part of HUD's Fiscal Year 2005 budget request, would eliminate the statutory requirement of a minimum three percent down payment for FHA-insured single-family mortgages for first-time homebuyers.
John Weicher was a Bush appointee, and the elimination of the requirement for a 3% downpayment for a HUD/FHA loan was part of Bush's initiative.
Of course, these goals were reiterated in the 2004 GOP platform [warning: PDF]
The most significant barrier to homeownership is the down payment. We support efforts to reduce that barrier, like the American Dream Downpayment Act and Zero Downpayment Mortgages.
It was the Gramm Leach Bliley Act that allowed banks to deal in mortgage-backed securities. Without passage of the GLBA by a Republican-controlled Congress, the subprime mess couldn't have happened. Chief architect of the GLBA? John McCain's economic adviser, Phil Gramm. Yes, that Phil Gramm. The GLBA was passed on a vote split along party lines (John McCain voted "aye," by the way).
The GLBA eliminated regulatory oversight that was essential to prevent the sorts of naked fraud that have fueled the current crisis. As a result of the GLBA and Republican love of deregulation, the banking industry was allowed to "opt out" of regulation, something that SEC Chairman Chris Cox now blames for the current crisis--
"The last six months have made it abundantly clear that voluntary regulation does not work," he said in a statement. The program "was fundamentally flawed from the beginning, because investment banks could opt in or out of supervision voluntarily. The fact that investment bank holding companies could withdraw from this voluntary supervision at their discretion diminished the perceived mandate" of the program, and "weakened its effectiveness," he added.
...In 1999, the lawmakers adopted the Gramm-Leach-Bliley Act, which broke down the Depression-era restrictions between investment banks and commercial banks. As part of a political compromise, the law gave the commission the authority to regulate the securities and brokerage operations of the investment banks, but not their holding companies.
...In 2004, at the urging of the investment banks, the commission adopted a voluntary program. In exchange for the relaxation of capital requirements by the commission, the banks agreed to submit to supervision of their holding companies by the agency.
With the economy facing a recession, Congress looked to stimulate the economy by stimulating the housing market. Bush often pointed to the increase in home ownership as an indication that he had, in fact, done exactly that. Mortgage-backed securities were in such demand because they allowed banks and lenders to turn an illiquid asset - mortgages-- into a liquid asset by bundling the mortgages and selling them as securities. Many people thought that they were great securities to buy because they were secured by collateral -- the homes -- and if the debt went bad, the collateral could be sold. As a result, demand for these "products" exceeded supply. What did the Republican administration do? Pushed aggressively for ways to increase the supply, including forcing Fannie Mae and Freddie Mac to offer risky loans to people with bad credit. And with Republicans in Congress, effective regulation and oversight of the markets was made "voluntary"-- in other words, nonexistent.
Additionally, there are a lot of claims that the Republicans attempted to push through legislation requiring oversight of the subprime market, and that Democrats stymied the bill. A corollary to that claim is that McCain cosponsored the legislation, and sounded the clarion bell on the impending crisis. We should take a moment to evaluate both claims.
The Federal Housing Enterprise Regulatory Reform Act of 2005 (S190) was introduced in the Senate on Jan 26, 2005, sponsored by Chuck Hagel and co-sponsored by Elizabeth Dole and John Sununu. John McCain was not a co-sponsor at that time. After some discussion in the Republican-controlled committee, the bill was tabled for revision. In other words, in a Republican controlled Congress, in a Republican controlled committee, the bill died, and was never reconsidered.
17 months later, the Office of Federal Housing Enterprise Oversight (OFHEO) issued the results of their 27 month long investigation of Fannie Mae. It was widely reported and was scathing in its criticism of Fannie Mae. News reports picked up the criticism the following day. The day after that, May 25, 2006, John McCain (in an act of "prescience") regurgitated some of the findings of the report, and signed on as a co-sponsor to the defunct bill. That's the last McCain talked about reforming Freddie Mac and Fannie Mae.
And what would the reform instituted by S190 have consisted of? S190 would have been reconciled with the almost identical HR1461 before being enacted, if it had become law. What would that have meant? S190 was the stronger of the two bills, but in reconciliation with HR1461, it's entirely possible that the result would have been a weakening of regulatory oversight of Fannie Mae and Freddie Mac.
Nevertheless, as the American Enterprise Institute noted:
The bill that emerged from the Senate Banking Committee is exactly what the White House wants, and it is doubtful that this administration--and this particularly determined president--will let the opportunity pass. An administration that has gained some measure of tort reform, approval of the Central American Free Trade Agreement, bankruptcy reform, and an energy bill--none of which received significant bipartisan support--is unlikely to shrink from pushing through Congress a bill that achieves one of its most important government reform priorities.
...After the administration and the Fed have declared that the GSEs' portfolios are a dangerous source of taxpayer and systemic risk, the administration can hardly do nothing if Congress fails to act. In this respect, the administration always has a card to play--it can always use the Treasury's authority to restrict the GSEs' issuance of debt. The GSEs must realize this and must see that the only effective way to prevent the use of this authority in a wholesale manner is to reach a legislative compromise of some kind.
Sadly, the AEI was absolutely incorrect on this. The White House refused to press the issue, and the bill was allowed to die in committee, despite Republican control of its fate.
S190 was resurrected in the 110th Congress by Chuck Hagel as S1100. Co sponsoring the bill were Sen. Elizabeth Dole [R-NC], Sen. Mel Martinez [R-FL], and Sen. John Sununu [R-NH]. S1100 was introduced on April 12, 2007.
John McCain did not support S1100, nor has he (before or since) introduced any legislation to address the issue.
So let's have the rundown, here.
The clear indication is that this mess is primarily the result of the Republican love of deregulation. The Democrats, of course, deserve their fair share of approbation, having done nothing, themselves, to address the problem, either. But in the face of consistent finger-pointing laying the lion's share of the blame at the feet of Democrats, the facts of the situation contradict that assertion. This crisis was engineered by Republicans, permitted by Republicans, and now that the chickens have come home to roost should be owned up to by Republicans.
Good work.
Someone told me, quite angrily, awhile back that Bush wanted to recapture the "time of Reagan" where home ownership was at a high.
Perhaps it was his way of boosting the economy after 911, plain stupidity or trying to be President Reagan. I can't rule out malicious intent either; the mass defaulting of risky loans was a completely foreseeable event. Hell, I saw it coming.
iarnuocon, your excellent reporting and your perseverance in the face of those who will do anything to hide the very facts you report are greatly appreciated.
It was the Gramm Leach Bliley Act that allowed banks to deal in mortgage-backed securities. Without passage of the GLBA by a Republican-controlled Congress, the subprime mess couldn't have happened.
True, but it was the CRA, as amended under Clinton, that allowed the securitization of subprime mortgages. This is a bipartisan problem, both parties support the expansion of home ownership, and the roots of it go back to the founding of Fannie.
In this whole crisis there are a number of underlying questions I have never heard answered:
1) Why does the government push homeownership?
2) Why are Fannie and Freddie necessary at all?
3) Why are banks allowed to securitize mortgages?
It seems the more complex our home financing the more dangerous. The least complex is buying in cash in full. Next is getting a mortgage and the bank holds it until it's paid off. Anything more complex than that seems unproductive for society to me. A final question is why are banks allowed to lend to each other? That makes no sense to me. Banks should make money off lending their own assets, given the set up of fractional reserve lending they can hardly fail to do so. The idea that they need to borrow money from another bank to lend out is ludicrous.
Pure free-market advocates typically describe the complexity Brian speaks of as examples of the "creative genius" or "problem solving" capabilities of unfettered markets. This rests on the notion that anything should be saleable as an instrument, and that there is a market for every possible instrument given the right price. Brian, I think you're saying that the more exotic the instrument, the closer it gets to gambling on the investment-gambling scale, in which case I think I agree.
BTW, the current price of US Congress to approve a government bailout of banks on/before 31 Oct 2008 contracts is about 85.4.
#$(*&! #$#% stupid #_)#(@(#* new comment editor. Try #2: US Congress to approve a government bailout of banks on/before 31 Oct 2008 contracts.
1) Why does the government push homeownership?
it is the underlying symbol of the american dream and also a barometer of the economy. "new home sales" which in turn wins votes.. which is the real point.
2) Why are Fannie and Freddie necessary at all?
basically because trickle down doesn't work and the income of ordinary American hasnt kept up with the wealth of the nation. Wealthy areas are expensive to live in.. the cost of living is high, well all of american has become a more wealthy area to live in(do to actually wealth America has accrued, which mostly still sits on top waiting for that eventual trickle down) and hence housing is high and cost of living is high. So I still say the problem isnt a housing bubble, it is a wage crater. rannie and freedy were more bandaids on the symptums but not he problem.
3) Why are banks allowed to securitize mortgages?
greed..lobbyists.. free market mantra BS (if we can sell it we should be allowed to)
Excellent article. See also "The 9/22/08 Economic Crisis" at exponentialimprovement.com.
Re: Why does the government push homeownership?
Primarily because of real estate developer and home builder pressure. They make enormous profits because they can externalize much of the costs of growth onto the public. See the Growth Facts of Life at The profits gives them the ability to donate heavily to pro-growth city council candidates. They are generally Republicans and control most local governments ... which is why the Republicans tout "local control."
Chicken and egg Bob :) Real estate developers didn't used to be a powerful rich lobby. I am sure that now that they are they intend to stay that way, and use their funds for all the bribes/campaign contributions that are necessary, but government has a long history of pushing home ownership in this country. Real estate developers as we understand the term didn't really take off until after the VA Home Loan program after WWII, which largely drove the start of suburbia. Fannie Mae was created in the 30s to increase liquidity in the mortgage market, leading to more mortgages. It just seems to be a fundamental assumption by government that it is a worthy goal unto itself, and I can't see why. For many people renting makes more sense.
The CRA was passed under Carter to combat redlining. It was a way to undermine racist practices and a means of developing low-income areas. Changes to the Act were enacted by President Clinton, to provide increased transparency to the process and to allow community advocacy groups more access to the process. These actions were undergone to solve problems and provide oversight. While it may appear that Democrats are responsible for the crisis because of their role in creating/refining this act, it is the perversion of the measure by both Bush administrations that have led to the current crisis. Administrations that took a policy meant to help the poor and turning in to a way for lenders to systematically prey on the poor.
Love the article, very informative.
What a croc of @!$%#. So blame everyone but the ones who are to blame.
Make the people who bought the damn home pay their mortgage. They bought it and they
damn well new what they were doing at the time. To walk away from a home because the
value dropped is criminal. Put the blame where it belongs. On the American people and the
in ability to balance a check book.
it's a bit more complex that that.. you have high preasure sales with peopel providing misleading info and offering you a free car to sign today.. the lower income you go with.. the worst credit you have the les incentive a person has to reject the banks offer. Because the worst that can happen is their credit get worse.. and when your credit is already crappy thats not a huge concern or negative.
so you get that? the exact people whom bush encouraged the banks to loan too,.the ones most likely to be foreclosed on. have the least incentive to say no.. and have the most incentive to get the apr and pray like hell rates stay low. It was low risk high reward. And anyone would and should do things like that.. is is fiscally sound advice.. you could win a house you shouldnt have been able to afford or lose a couple points on a credit score that was already crappy... hmmmm
and yeah that screwed america but you cant blame them.. they will do it every time.. as they should.(well except the apr thing that was just stupid with rates at record lows, unless you can easily refinance to fixed but most peopel with no money and crappy credit haven't been highly educated.. so still i say they have the least blame of anyone)
Low risk, high reward = no brainer.. it should have never been offered to them.
and before you scream.. low risk? the country is screwed.. I'm talkign from an individuals view point. Who's not thinking he may be participating int he destruction of Americans economy.
Fine job, IARNUOCON! Thanks for the detailed explanation. It's true: the Republicans were responsible for all of the deregulation that led to this mess, particularly Gramm-Leach-Bliley, and also the bankruptcy "reform" bill that was intended to, and did, injure ordinary Americans, notwithstanding specific warnings that the leading cause of personal bankruptcy was medical costs.
The people who want to blame the homebuyers don't account for the shaky book-keeping, the bundling, "default swaps," bait-and-switch tactics of mortgage issuers, (at lunch just now, I learned that a lawyer who works for my company, who had negotiated with a lender for a fixed loan, at the last minute before signing realized that the loan documents he was given to sign provided for an adjustable-rate mortgage--hmmm "a mistake was made") and the credit card issuers' tacking-on of meaningless and sleazy fees, late charges, and mandatory arbitration clauses, as well as the preditory "universal default" concept.
It's time the Republicans start accepting some responsibility.
Compliments, iarnuocon, on a very well researched and written article. Clipped to Dispiracy Theorists.
Thanks for this! This provides some factual, sourced basis for making conclusions about what happened.
Now this is good...and makes better sense.....thank you !
Mortgage brokers were being told the federal government had alot of money to fund housing for more people to own their own homes.
One year would be OK. But then it continued and we haven't seen the 7 year arm's come to maturity yet.
Just taking one accounting class 101, it makes no sense to give mortgages to people who do not have the constitution to own a home, that it is OK to skip payments on one's home, and with little monthly income to show for underwriting in an economy where no job is secure.
It all seems deliberate to break our economy and to impose a new type of government on us. I heard that 9/11 wiped out the debt of international finance.....don't mean to sound conspiratorial, but it was so dumb....the republican party has represented fiscal responsibilty and what they did does not make sense. However, the Dem's are to blame as well with the jurisdiction over Fannie Mae and Freddie Mac and all the dipping done by Senators and Rep's of both parties. Once Congress approves of a plan, it is time to make all those responsible accountable irregardless of party.
Excellent report. A lot of detail and context. Thanks for spending time and effort in the research.
As it happens, I came across (and seeded) an article on Global Research titled Financial Tsunami. That looks at the same subject from a much more historical context. It also touches on some of Clinton's policies in 1999 en route. Interested in your views.
Who cares who's fault it is? Bush had 7.873424566 years to figure it out. He FAILED in the biggest way with everything. Bush was too concerned about his vendetta against Saddam from his first day in the oval office, which was and still is and is going to be for a long time, a huge problem with America. I know, as everyone should know, he is sleeping peacefully tonight knowing well he is an ass. But the ass is such an arrogant simpleton he will sleep peacefully tonight knowing he's getting revenge (vendetta) on everyone who dissaproves of him and his policies, leaving our country in financial turmoil. Custer's last stand.
Good job iarnuocon and I mean this sincerely. You've obviously done a lot of homework on this. Now for the rest of the story:
Were the Republicans responsible for (and did John McCain vote for) the Gramm-Leach-Bliley Act that allowed this deregulation that created this problem, way back in 1999? Yes.
At the risk of bringing up a lefty talking point, can you remind us who the president was that signed this bill? Or what the vote on passage was in the House? Okay, I can take care of both of these for you. Bill Clinton and the final vote in the House was:
Further to the facts, the only thing Gramm-Leach-Bliley did was allow bank holding companies, through separately chartered subsidiaries, to make a market in securities that had formerly been forbidden under the Depression-era Glass-Steagall. Banks have been buying collateralized mortgage obligations in the form of bonds since the product was invented by Salomon Brothers in 1983. Why? Because traditionally these debt instruments have been the safest of the safe. Indeed, according to this Federal Reserve Bank of San Franciso paper from (note date) June 2001(PDF) these bonds accounted for the majority of bond debt held in this country and also provided point of origin lenders an excellent way to meet their CRA obligations:
The affordable housing goals that the U.S. Department of Housing and Urban Development (HUD) set for Freddie and Fannie (e.g., 50% of their business must be to low-and-moderate income (LMI) borrowers) help depository institutions to achieve their LMI objectives through MBS investments. Usually, MBSs are comprised of loans scattered throughout the country to borrowers with varying incomes. To support CRA objectives, affordable housing MBSs are created with loans to LMI borrowers in specified geographies. As a "qualified investment," the MBS should include loans in an institution's assessment area or in a "statewide or regional area that includes the assessment area." At least 51% of the dollars in the MBS should be in loans to LMI borrowers, although most total 100%. In addition, a financial institution that, considering its performance context, has adequately addressed the community development needs of its assessment area(s) will receive consideration for MBSs with loans located within a broader statewide or regional area.
"Examiners will consider these activities even if they will not benefit the institution's assessment area(s). The Federal Financial Institutions Examination Council (FFIEC) issued an opinion letter (#794) indicating that targeted MBSs may receive positive CRA consideration. This has been reinforced by scores of CRA examinations. Moreover, as lending-related qualified investments, CRA-qualified MBSs assist "small banks" with their CRA performance by enabling an upward adjustment of their loan-to-deposit ratio.
Now what is true is that G-L-B did remove the 30% cap on "real estate related collateral" for the Federal Home Loan Banks of which Fannie and Freddie are key members. But why did these two GSEs get into so much trouble? Because they lowered their underwriting standards dramatically and instead of selling the CMOs for which they were the primary originator they started buying them to hold in their own portfolios as this recent Congressional Research Service paper(PDF) points out:
In 2008, Fannie and Freddie have purchased about 80% of all new home mortgages in the United States. Their combined investment portfolios held mortgage assets (loans and MBSs) valued at $1.5 trillion (as of June 30, 2008). Over the years, the GSEs have provided strong support to the housing market. When a bank (or other lender) sells a mortgage loan to the GSEs, it receives cash to make new loans, and avoids the risks of holding a long-term asset. Without this secondary (or resale) market, in which private firms participate as well as the GSEs, lenders would have to keep loans on their own books, and mortgage credit would become more expensive and difficult to obtain.
The turmoil in housing and credit markets that began in 2007 has put extreme financial pressure on the GSEs. The value of their mortgage assets has fallen, but the debt they took on to purchase those assets remains. To maintain a positive net worth in the face of falling asset values, financial firms have several options to raise capital, but none of these were readily available to Fannie or Freddie. If they sold assets, they would depress the prices of mortgage loans and MBSs still further, worsening both their own balance sheet problems and those of many other financial firms. They cannot use retained earnings to bolster capital because their perations have not turned a profit since 2006.
Now for the "why" as to how this came to pass:
Last month, Treasury Secretary Paulson - the former chairman of Goldman Sachs - hired investment bank Morgan Stanley to investigate the financial books of Fannie Mae and Freddie Mac. Findings from the probe showed that the accounting methods of the two companies, though legal, overstated the true value of their capital reserves.
The use of questionable accounting methods to pump up the financial cushion of a business is the subject of Gretchen Morgenson's Sept. 7 column in the New York Times, in which she writes that Fannie Mae and Freddie Mac relied on deferred-tax assets - credits accumulated over the years that can be used to offset future profits - to inflate their financial positions. Using this method, Morgenson concludes that Fannie Mae increased its worth by $36 billion, and Freddie Mac, $28 billion. The problem is these credits have no value unless the companies generate profits. In the past year, shares in Fannie Mae and Freddie Mac have plummeted, dropping more than 90% in value.
As Morgenson notes, the majority of financial institutions are not allowed to count deferred-tax credits as assets. The credits themselves cannot be sold and disappear in the event of receivership. Moreover, it appears that both Fannie Mae and Freddie Mac added to the illusion of stable financial health by taking a lax approach on when to recognize losses on defaulted loans. According to the New York Times article, Fannie Mae and Freddie Mac extended a 90-day past-due loan to two years. This means thousands of loans that previously would have been marked down were in essence allowed to maintain their value.
And who was at the helm of Fannie Mae while all this was going on and who had to pay back some $20 million in compensation, compensation tied to this phony baloney accounting? Bill Clinton's OMB Director Frank Raines, the man who Rep. Maxine Waters said was doing such a "fine job" in hearings leading up to the Senate reform bill of the GSEs that you falsely say was laid on the table by the GOP when the fact is that the vote in committee on sending it to the floor was straight party line vote which is indicative that it would not have garnered sufficient support to overcome the 60 vote threshold to gain a vote on cloture during general floor debate.
I look forward to a continuing debate on these issues.
It looks like Peter Wallison agrees with you, Bill.
The repeal of portions of the Glass-Steagall Act in 1999--often cited by people who know nothing about that law--has no relevance whatsoever to the financial crisis, with one major exception: it permitted banks to be affiliated with firms that underwrite securities, and thus allowed Bank of America Corp. to acquire Merrill Lynch & Co. and JPMorgan Chase & Co. to buy Bear Stearns Cos. Both transactions saved the government the costs of a rescue and spared the market substantial additional turmoil.
None of the investment banks that got into financial trouble, specifically Bear Stearns, Merrill Lynch, Lehman Brothers Holdings Inc., Morgan Stanley and Goldman Sachs Group Inc., were affiliated with commercial banks, and none were affected in any way by the repeal of Glass-Steagall.
There appears to be at least one viner who seems to think the deregulation that permitted the creation of innovative debt instruments/securities is to blame, but if the underlying bad loans hadn't been made it wouldn't have mattered in the least.
I just got this video of a hearing in Congress in 2004 with a representative from Fannie Mae/Freddie Mac:
Bill,
I find your response to be very informative as I am not in your particular business. Given what you have written, it appears that there is plenty of blame to go around. Thank you.
Aye, plenty of blame indeed. It would seem to me that this whole setup was done intentionally. First you deregulate the financial sector to the point that there is no rules about what you can sell and to whom, then you pump this system full of loans in which there is a 90% probability that half or more will go bad, then watch the whole thing collapse and divvy up the losers. Pretty smooth.
Well the million dollar question is what do we do if the "bailout" doesn't work as intended to unfreeze the credit markets? Interbank lending and commercial paper financing is at a near standstill or at rates that aren't economically sound for the borrower. Without this lending the global economy grinds to a slow screeching halt and then lurches into recession if not something worse.
I am curious as to what Bill thinks about the fact that the Bush Administration policies pushed for more subprime loans than ever in our history and that Bush threatened Fannie and Freddie into making more subprime loans? What do you also think about the fact that it was the Bush Administration that forced HUD and Fannie and Freddie to offer Zero-downpayment and 3, 5, and 7 year adjustible arm products to the riskiest buyers. Who pushed these risky things -- not Franklin Raines, but Bush.
Bush aggressively pushed the private lending industry to make over 1.1 trillion in low income and minority lows and to "create more creative" loan products to do it. He pushed them to "loosen credit standards" and pushed them to make the most risky loan products available to the riskiest buyers. Then, he turned to Fannie Mae and Freddie Mac and threatened to rewrite their regulatory charters if they did not make more low income and minority loans.
The government-sponsored corporations created to increase the liquidity of mortgage markets, so more capital would be available for mortgage loans, are supposed to lead the market in reaching underserved populations. While these corporations have increased their commitments to these efforts, they lag behind private lenders in this regard, according to government studies. The Administration will revisit the regulatory goals for these corporations’ purchases of affordable housing loans, which are set to expire in 2003. The federal government should demand more and should hold such publicly-chartered corporations accountable for better performance.
(From Bush’s Press Release entitled “A Home of Your Own EXPANDING OPPORTUNITIES FOR ALL AMERICANS, PRESIDENT GEORGE W. BUSH JUNE 2002” regarding his “America’s Homeownership Challenge).
The Bush Administration issued the following press release hailing its successes in pushing the private lending industry and Fannie Mae and Freddie Mac into making more low income and minority loans:
Under President Bush's leadership, overall U.S. homeownership in the second quarter of 2004 reached an all-time high of 69.2 percent. Single-family housing affordability is at its highest level in 30 years, and minority homeownership set a new record-high of 51 percent in the second quarter.
The President has called on Congress to work with him on additional steps to promote homeownership in America. He has set bold goals for homeownership, including his challenge to the Nation to create 5.5 million new minority homeowners by the end of the decade - and he has now set an additional goal of 7 million new affordable homes.
(White House Press Release – “Increasing Affordable Housing & Expanding Homeownership).
Through the Republican Congress in 2003 and the Bush Administration's work through HUD and the FHA, the Bush Administration forced Fannie Mae and Freddie Mac to, for the first time, make available riskier loan products to minority and low income buyers.
The Federal Housing Administration Mortgage Program. In 2002, the President issued America’s Homeownership Challenge to increase first-time minority homeowners by 5.5 million through 2010. The Federal Housing Administration (FHA) mortgage program is an important tool for reaching that goal. In 2006, 31 percent of those using FHA mortgages were minorities purchasing their first home. The 2008 Budget continues Administration efforts to modernize FHA by improving its ability to reach traditionally underserved homebuyers (aka those who do not normally qualify for loans), such as low- and moderate-income families, individuals with blemished credit, and families who have little savings for a down payment.
(From Bush Administration’s White House Press Release entitled, “Focusing on the Nation’s Priorities – Meeting America’s Housing Needs”).
The Bush Administration through HUD, also required Fannie and Freddie to give a higher percentage of their loans to loan-income and minorities that otherwise would not qualify for the loans.
That's why I've challenged the industry leaders all across the country to get after it for this goal, to stay focused, to make sure that we achieve a more secure America, by achieving the goal of 5.5 million new minority home owners. I call it America's home ownership challenge.
And let me talk about some of the progress which we have made to date, as an example for others to follow. First of all, government sponsored corporations that help create our mortgage system -- I introduced two of the leaders here today -- they call those people Fannie May and Freddie Mac, as well as the federal home loan banks, will increase their commitment to minority markets by more than $440 billion. (Applause.) I want to thank Leland and Franklin for that commitment. It's a commitment that conforms to their charters, as well, and also conforms to their hearts.
(From White House Speech archives – “President calls for Expanding Opportunities to Homeowners” at St. Paul AME Church in Atlanta, Georgia).
Franklin Raines, the head of Fannie Mae at the time, also responded to Bush’s “challenge” in a letter, stating:
June 13, 2002
President George W. Bush
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President:
As America’s largest source of private capital for affordable housing, Fannie Mae applauds your call for “broader homeownership, especially for minorities.” We accept your challenge to the private sector to join in partnership to address America’s housing needs. And we are proud to step up to your challenge by launching an even greater commitment of private capital and creative strategies to expand minority homeownership. * * * (the full letter can be found online).
Then, the following press release was sent out:
Fannie Mae Chairman and CEO, Franklin D. Raines today joined President Bush and U.S. Department of Housing and Urban Development (HUD) Secretary Mel Martinez, and other industry leaders and non-profit organizations, for a housing summit to promote the Administration's proposal to expand minority homeownership.
* * *
Fannie Mae's ten-point plan to help advance the Bush Administration's homeownership proposals was included in the Blueprint for the American Dream document released by HUD today.
The Blueprint for the American Dream that we unveiled today is the response to the `homeownership challenge' President Bush issued in June to increase minority homeownership," said HUD Secretary Mel Martinez. "Our partners, representing every segment of the affordable housing industry, are committed to working together to achieve the President's goal of adding 5.5 million new minority homeowners by the end of the decade."
In his February State of the Union address President Bush called for "broader homeownership, especially among minorities." In June, President Bush challenged both the public and private sector to be a partner in his crusade to create 5.5 million new minority homeowners by the end of the decade.
Fannie Mae responded by committing $700 billion in home financing to 4.6 million minority households through 2009. This increases by 66 percent the specific pledge Fannie Mae made in 2000 to minority families through it's American Dream Commitment plan to provide $420 billion for three million minority families.
(quotes from Fannie Mae and Freddie Mac in Business Wire “President Bush’s Nationwide Effort to Increase Minority Homeownership” – October 15, 2002).
Fannie Mae responding to Bush’s aggressive push by committing $700 billion for low income and minority loans, a 66 percent increase in its previous pledge made in 2000.
In 2003, the following article was on Washington Business Wire:
WASHINGTON--(BUSINESS WIRE)--March 18, 2003--On the third anniversary of its "American Dream Commitment(R)," Fannie Mae and its lender partners already have fulfilled over half of its ten-year pledge to provide $2 trillion in home financing for 18 million historically underserved families, Fannie Mae Chairman and CEO Franklin D. Raines announced today.
To date, Fannie Mae has provided more than $1.3 trillion for nearly 12 million targeted families, completing two-thirds of the American Dream Commitment in about 30 percent of the time, and leading the market in serving minorities and the nation's affordable housing needs.
Joining with representatives from 11 leading mortgage lenders and Fannie Mae partners, Raines applauded the mortgage finance industry for its extraordinary efforts to reach and serve "emerging markets" of historically underserved families and communities, deliver Fannie Mae's $2 trillion in targeted capital, and extend the benefits of the nation's housing boom.
Lender partners participating in today's announcement include: Bank of America; Bank One Corporation; Charter One Bank; Countrywide Financial Corporation; Doral Financial Corporation; First Horizon Home Loan Corporation; Fleet Boston Bank; Huntington Mortgage Company; Irwin Mortgage; J.P. Morgan Chase & Co.; and Standard Mortgage Corporation.
"Together, America's top lenders and Fannie Mae have made terrific progress in bringing the nation's housing boom to overlooked Americans and addressing the gaps in housing opportunity," Raines said. "Fannie Mae applauds our lender partners for helping us surpass the halfway mark in our $2 trillion commitment to underserved families so quickly. Together, we lead the market in serving Americans of color and modest means."
The Administration and Republican Congress also passed the “American Dream Downpayment Act of 2003” to allow low income and minorities with blemished credit and no ability to come up with a downpayment to have the government cover their downpayment and closing costs. The Act gave 161.5 million dollars in taxpayer money to cover the downpayment and closing costs of minorities and low income individuals that would not be able to afford a downpayment and/or had “blemished credit.”
On December 16, 2003, President Bush signed into law the American Dream Downpayment Act of 2003, which will help approximately 40,000 families a year with their down payment and closing costs, and further strengthen America’s housing market. This legislation complements the President’s aggressive housing agenda announced in 2002 to dismantle the barriers to homeownership.
(From White House Press Release “American Dream Downpayment Act of 2003 – Expanding Homeownership Opportunities for All).
Bush also pushed and passed a "Zero-down Payment" initiative.
LAS VEGAS - As part of President Bush's ongoing effort to help American families achieve the dream of homeownership, Federal Housing Commissioner John C. Weicher today announced that HUD is proposing to offer a "zero down payment" mortgage, the most significant initiative by the Federal Housing Administration in over a decade. This action would help remove the greatest barrier facing first-time homebuyers - the lack of funds for a down payment on a mortgage.
Speaking at the National Association of Home Builders' annual convention, Commissioner Weicher indicated that the proposal, part of HUD's Fiscal Year 2005 budget request, would eliminate the statutory requirement of a minimum three percent down payment for FHA-insured single-family mortgages for first-time homebuyers.
"Offering FHA mortgages with no down payment will unlock the door to homeownership for hundreds of thousands of American families, particularly minorities," said HUD's Acting Secretary Alphonso Jackson. "President Bush has pledged to create 5.5 million new minority homeowners this decade, and this historic initiative will help meet this goal."
Preliminary projections indicate that the new FHA mortgage product would generate about 150,000 homebuyers in the first year alone.
"This initiative would not only address a major hurdle to homeownership and allow many renters to afford their own home, it would help these families build wealth and become true stakeholders in their communities," said Commissioner Weicher. "In addition, it would help spur the production of new housing in this country.”
The following is a summary of the initiatives from a White House Press release:
(Excerpt from White House Press Release: “Increasing Affordable Housing and Expanding Homeownership”).
The Administration, through HUD, further forced Fannie Mae and Freddie Mac to offer riskier 3, 5, and 7 year adjustable arm loan products to low income and minorities.
BUSH ADMINISTRATION ANNOUNCES NEW ADJUSTABLE-RATE MORTGAGE PRODUCTS TO ENHANCE HOMEBUYING OPPORTUNITIES
40,000 More Families Expected To Benefit From New Offerings
WASHINGTON – The Department of Housing and Urban Development is proposing to enhance homebuying opportunities by expanding its offerings of adjustable-rate mortgage (ARM) products on FHA-insured mortgages. Potential homebuyers would be able to choose mortgages with periods of three, five, seven or ten years, depending on their needs, during which time the interest rate would be fixed. “By offering additional types of FHA-insured ARMs tailored to the financial conditions and desires of the borrowers, we are creating more homeownership opportunities,” said HUD Secretary Mel Martinez today in a speech to America’s Community Bankers. “We estimate that as many as 40,000 families a year will choose these new adjustable-rate mortgages as their way of financing their home purchase.”
(HUD Press Release).
Bush and the Republican Congress forced Fannie Mae and Freddie Mac to make zero-down loans and adjustable rate 3, 5, and 7 year arms available to the riskiest buyers. Fannie Mae and Freddie Mac were forced to effectively finance 103 percent of the mortgage (including closing costs).
The Bush Administration often pointed to the huge increase in housing as one of its greatest successes.
[The Administration has] Helped Americans buy homes, expanding the homeownership rate to nearly 70 percent and the minority homeownership rate to over 51 percent nationwide. With approximately three million minorities owning a home for the first time, the Nation now has the highest minority homeownership rate in its history. Furthermore, the Administration is ahead of schedule in achieving the Presidential goal of adding 5.5 million new minority homeowners by 2010.
(From Bush Administration’s press release entitled “Expanding Home Ownership” under section entitled “Accomplishments”).
It was between 2001-2005 that most of these loans that have gone bad were made. You can find all of the official documents at the White House, HUD, and Fannie Mae and Freddie Mac press release websites. You can also find the head of Fannie Mae's letter (Raines) back to Bush (after Bush threatened to not renew their charter) saying that he would meet his aggressive challenge online.
iarnuocon--congratulations on a well-researched, well thought through and well written article. Hats off to you.
No garbage being shoveled in through the front door at point of origination means no toxic waste coming out the back end of the securitization. Like all bubbles, this one had many players eager to cash in from builders, to buyers, to appraisers, to title companies, to mortgage lenders, to the secondary market buyers like F/F, to Wall Street where, like the GSEs, over-leveraging finally burst the bubble with a vengeance.
This is my business and I saw it all coming three years ago when friends were frantically leveraging themselves into $600K condos in DC and plowing all their equity from their house sales to do it. That market hasn't burst but you're no longer seeing the insane 20%/annum appreciations that were common. That kind of thing is crazy and never lasts but while the party's going on nobody wants to listen to the sober guy in the corner warning of the hangover.
The basic problem stems from one of over-leverage (from Wall Street to Main Street) and it's kind of an unintended consequence of G-L-B. Bank holding companies are limited in their debt/capital ratios to something a little bit over 10 to 1. You will note that among the old line Wall Street firms that the former J.P. Morgan came out fine as a result of its merger with the old Chase Bank which would have been impossible under Glass-Steagall. The remaining stand alone investment banks, in order to compete for capital, raised their debt/capital ratios to as high as 44 to 1 with Merrill. Now this in and of itself wouldn't necessarily have been a problem had so much of that leverage not been in CMOs. But hindsight today is as 20/20 as it is in so many other fields. For traditionally, investing in mortgage backed debt obligations has been the safest of safe investments because the trader could rely on the originating lender both setting stringent enough underwriting requirements at point of origin and packaging and pricing these mortgages according to risk. All of that flew out the window following the collapse of the dot.com bubble, the resulting deflation in the equities markets (which really cuts into investment banking underwriting fees in connection with new IPOs) and the flight to r.e. occasioned by cheap money from the Fed following the '00-'01 downturn in the economy and the economic fallout from 9/11. A perfect financial storm was brewing on the horizon but everyone concerned from the mortgage lenders (including Fannie/Freddie), to the builders, to the Jane and John Doe seeing their houses appreciate as much as 25% annually was making so much money who's going to be the party pooper in the corner telling everyone they're drunk?
Well I did with some friends who I warned not to invest their equity from sales of their existing houses in overpriced condos in DC expecting the "25%" party to continue but few listened and are now stuck with places that it will take some years to realize any appreciation over the initial investment. What happened is that too many people bought too much house with loan products that they would have trouble with after rate re-set unless they were able to refinance to a more manageable fixed rate. When rates started to rise as a result of inflation fears sparked by the runup in energy costs many found that they couldn't refi because underlying collateral values started to fall back too and they had no equity in the property. All of this still might have been manageable if the runup in prices hadn't occurred in such densely populated areas like southern California and Florida and here in the outer suburbs of DC.
As I mentioned in a comment I made up the thread just before this one, the big question now is what do we do if this bill doesn't unlock the credit markets which are nearly frozen over? I'm in commercial r.e. and almost all of my deals (the few deals there are) going on six months or more now are being financed by insurance companies. Bank lending has virtually dried up. The spread on LIBOR to Fed funds is still close to six percent and normally there's not a hair's width between the two. Banks aren't lending to each other or to business, they're in hunker down and preserve capital mode. If this situation in the commercial paper markets does not ease in the next month we're headed into a worldwide deflation/recession (dare I use the "D" word?) that may take a decade to resolve and in the meantime the effects will be felt by hundreds of millions of people worldwide. This is some scary @!$%#.
Bravo and THANK YOU THANK YOU THANK YOU for putting this together.
It is one thing to fight the dreaded practice of redlining, but this rush to write up mortgages with little or no money down was just a disaster waiting to happen. And to abandon regulation!
Arrgghh!!! The horrible legacy of the Reagan years rears its ugly head yet again. When will we ever learn that no industry can go without proper regulation to protect the public, and that 'public' includes the taxpayer who winds up on the hook for bailouts time after time, when those unregulated businesses threaten to go under. Enough, alright already.
There is a great summary of the huge final Bush/Republican Congress plan on the HUD website in the archives called "Blueprint for the American Dream" -- it is an enormous document that lists the massive efforts by Bush, the Republican administration and the Republican Congress to push for the most subprime loans in our Nation's history!
The revisions of the Community Re-Investment Act, starting in 1995, forced banks to extend greater lending to risky borrowers.
The GLBA, which is a centerpiece of your argument, was signed into law by Bill Clinton in 1999. Treasury secretary Robert Rubin and Citibank Chairman Sandy Weill backed the legislation.
The ground for this "mess" was laid during that time. And yet, you argue that this all occurred in 2001-2006.
Further, you don't explain why, if the Democrats in congress were opposed to this expansion in lending, they voted against reforms to lending practices introduced from 2005 forward.
Barney Frank and other top Democrats are on record publicly stating they didn't believe reform of lending practices by Fannie Mae and Freddie Mac was necessary.
The bailout of Fannie Mae and Freddie Mac, which was approved in September 2008, cost the government and taxpayers $200 billion.
Finally, I'd just ask, how is it that spending another $500 billion in taxpayer money now on a "stimulus" package is justified after all this money was spent to bail out these and other institutions?
The Democrats are firmly in control of the White House and both Houses of Congress. They can spend all the money they want, but that's only going to increase the already large deficit and it's not going to do anything to boost confidence in the economy.
very well done article here,
IARNUOCON, excellent work..
That's all very accurate. But there is one little detail you missed. The sub-prime mortgage practice actually started with Clinton in 1999. See "Fannie Mae Eases Credit To Aid Mortgage Lending" Steven Holmes, New York Times, September 1999 (Note: written BEFORE Bush took office).
Bush merely continued the practice that Clinton started. They're BOTH responsible. After that you have Barney Fwank and Chris Dodd to thank for whitewashing the problems at Fanny Mae in 2004 and 2005. Nice attempt at revisionism though.
The Republicans did it. The Democrats did it. NO!, GOVERNMENT DID IT. It was the Government meddling in the private sector, well intentioned as it was, that caused this whole mess. Well intentioned Democrats and Republicans tried to outdo each other in the game of who could provide the most "affordable" housing to the "disadvantaged" who had no business trying to buy a house. That is what renting is for. POLITICIANS said that denying people who could not demonstrate the ability to pay an home loan was racist. NO it was sound business practice as learned over decades of business experience. POLITITIANS that refuse to think beyond the next election, meddle in thins they do not understnd and the unintended consequence is that we all pay for their attempt to pander for votes.
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