Feb
01

Video: Obama releases new housing program

Buying votes?


We got a big hint of this new proposal from Barack Obama in last week’s State of the Union message, and now Obama has rolled out his proposal to accelerate mortgage refinancing to bolster the housing market. However, it has at least one poison pill that will make it nearly impossible to get Congress to [...]

View the video »

Feb
01

FACT SHEET: President Obama’s Plan to Help Responsible Homeowners and Heal the Housing Market

THE WHITE HOUSE Office of the Press Secretary FOR IMMEDIATE RELEASE February 1, 2012   FACT SHEET: President Obama’s Plan to Help Responsible Homeowners and Heal the Housing Market   In his State of the Union address, President Obama laid out a Blueprint for an America Built to Last, calling for action to help responsible … Read more Related posts:
  1. Naked Capitalism | H.U.M.P. – Obama to Try Better Smoke and Mirrors to Address Housing Market Woes
  2. Merkley Unveils Plan to Help Get Economy Back on Track: Boost the Housing Market and Stem the Tide of Foreclosures
  3. Delaware v. Mers Fact Sheet
Jan
26

SIGTARP Report | The Special Master’s Determinations for Executive Compensation of Companies Receiving Exceptional Assistance Under TARP

Summary When Congress created the Troubled Asset Relief Program (“TARP”) in 2008, it included some limits on compensation for employees at companies that received TARP assistance. After several major TARP recipients paid employees billions of dollars in bonuses for 2008, the President, the U.S. Department of the Treasury (“Treasury”), and Congress expressed frustration. The President … Read more Related posts:
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Jan
25

Jan 26, 2012 South Florida Anti-Fraudclosure Forum 7-10pm | Panel of Housing Rights and Foreclosure Fraud Experts

January 26, 2012 Occupy Ft. Lauderdale Foreclosure Mobilization Forum 7-10pm Occupy Ft Lauderdale has begun an initiative, the Occupy Ft. Lauderdale Foreclosure Mobilization, to build a grassroots political force to fight on behalf of foreclosure victims NOW! Join us and our panel of housing rights and foreclosure fraud experts from Take Back the Land, City … Read more Related posts:
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  2. CNN Headliner | How to rescue the housing market: Foreclosures! Experts say it’s time to push delinquent borrowers through the foreclosure process
  3. Citizen Warriors Unite | Sat. Oct 15, 2011 – Sarasota, FL – FREE Foreclosure Defense Forum & Anti-Foreclosure Advocacy Workshop (Trawick, Charney, Weidner, Houk, Epstein) & Showing of Inside Job Documentary
Jan
25

President Obama’s 2012 State Of The Union Address: Enhanced Version (VIDEO)

President Obama delivers the 2012 State of the Union Address to Congress and the nation. ~ 4closureFraud.org Tweet Related posts: Massive Union | The New York Transit Workers Union (TWU) To Side With #OccupyWallStreet Protesters Today at 4pm EDT $750,000 in Annual Activity | Fort Lauderdale Police Union Withdrawing from Bank of America Naked Capitalism … Read more Related posts:
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  3. Naked Capitalism | H.U.M.P. – Obama to Try Better Smoke and Mirrors to Address Housing Market Woes
Jan
18

Naked Capitalism | H.U.M.P. – Obama to Try Better Smoke and Mirrors to Address Housing Market Woes

Obama to Try Better Smoke and Mirrors to Address Housing Market Woes If I had Onion-level parody skills, I’d treat the latest story in The Hill on Team Obama’s latest housing headfake masquerading as an initiative by riffing on one of its planned new program. Call it HUMP, Homeowners Upward Mobility Program. In true Ministry … Read more Related posts:
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Jan
17

I’ve found the problem in Washington… it’s some sort of time warp, or they’re just dumb.

Saturday night, while I was searching around on iTunes for a podcast on the economy… (OMG, did I just say that out loud?  How sad is that?  Let’s just keep that part about Saturday night between us, okay?)

 

But, you know the deal, right?  I’ve been doing more and more podcasts and a lot of people really like them and I wanted to see how other podcasts are done in case there was something I could do better or add in, whatever.  In other words, I was checking to see if there were any ideas I could steal… LOL

 

So, I happen upon a podcast published a few days ago… January 13, 2012… available free on iTunes: NPR on the Economy.  The show’s host is David Green from Morning Edition, and his guest, David Wessell, is the Wall Street Journal’s Economics Editor, and the author of “In Fed We Trust: Ben Bernanke’s War on the Great Panic.”

 

The topic was the Federal Reserve and how Fed officials have been talking to congress about how our country’s economy can’t recover without the housing market, so I figured… perfect… it’s my favorite issue.  Green opens the show by saying:

 

“Lately, Federal Reserve officials have been focusing on housing… they’ve been out in public pushing measures they think will help the housing market.”

 

Have they now, I thought to myself.  How could I have missed the Fed doing that?

 

Green kicked the discussion into gear by broadly asking Wessell what the Fed is trying to do.  He replied that Fed officials have been saying in speeches and in a 26 page white paper that’s apparently been sent to congress recently, that one reason our economy isn’t doing better is that our housing market is not healing very fast.

 

I couldn’t help but wonder how that idea could possibly take up 26 pages, but then remembering that it was the Federal Reserve we were talking about, I figured that the first 25 pages were probably cherry-picked data points showing how well the economy is doing, with this tidbit about housing on page 26.

 

Wessell went on to point out that the President of the New York Fed recently said the following:

 

“… it was difficult to achieve economic recovery unless the ongoing weakness in housing was addressed,” and that the new President of the San Francisco Fed, John Williams, talked about a “housing depression.”

 

The “housing depression” phrase caught my attention, as I’m sure it did yours, but then I figured he probably used the phrase in the context of what we would avoid, thanks to the swift and decisive actions of the Fed.

 

You see, I’m not falling for another goofy “we’re going to save the housing market plan,” that turns out to be another voluntary refinancing program that Fannie and Freddie have already pronounced DOA, but that we won’t hear the abysmal results for until next year at this time.

 

According to Wessell the Fed is now saying that they’ve done what they can to get the economy working better, and that now the other areas of the government are going to have to pay attention to getting the housing and mortgage market going again.

 

Sort of a funny way to phrase things, don’t you think?  It sort of made it sound as if we’re supposed to believe that the last three years have been somehow planned the way sub-contractors work together when building a home… “Okay, Congress… we’ve got the framing up, the electrical wired and the slabs poured so you can go ahead with the tile, the window treatments and doors.”

 

 

Of course, the reality is that the last three years have looked and felt more like a scene out of Ringling Bros. Greatest Show on Earth, when something like 50 clowns all come rushing in from everywhere, ten of them get out of a tiny car, one gets shot from a cannon, and three monkeys in spandex start circling on bicycles while blowing noisemakers.

 

Wessell then tells Green that the Fed is now saying that “the alphabet soup of programs that the government has tried to help housing and homeowners isn’t doing enough.”  Green asks if they had any suggestions as to what should be done and Wessell sounds almost exuberant when he replies that yes, “they’ve come up with a list of things they think the government ought to do.”

 

At this point, the anticipation was practically killing me, and I thought I might pee my pants if I didn’t hear what the Fed had in mind soon.  It’s an election year, you see… and as such, anything is possible.  If you don’t think so, just consider that Obama, after presiding over an administration that pumped $16 trillion into financial sector, is again running as some sort of populist.

 

So, Green and Wessell then start listing the things the Fed presented to congress in its white paper ostensibly in order to heal the housing market and thereby remove the last standing impediment to beginning our march back to economic prosperity in earnest.

 

And please remember… in the third paragraph from the top of this article, I placed a link to the specific NPR podcast to which I’m referring, and the reader is encouraged to listen to it after reading what follows to confirm that I have faithfully reprinted what was said by Wessell… verbatim, as it were.

 

What the Fed told congress will be in bold type, my questions and comments will be plain text.  I really need everyone’s help here, because I think I may have discovered some sort of glitch in the space-time continuum that would explain why Washington appears so entirely out of touch with reality and the rest of the country, if not the world. Either that, or maybe they’re all just dumb and that’s why they wanted government jobs.

 

 

 1.    The Fed thinks the government “ought to find a way to reduce the glut of houses for sale, because the banks have taken over so many foreclosed houses there’s just a glut of supply and they’d like to make it easier for banks and others to rent them out in order to reduce the number for sale.”

  1. First of all, why does the Fed think there’s a “glut of houses for sale?”  Did someone tell them that’s the case because I think that person may have just been pulling their little Feddy legs.  You see… there isn’t any sort of “glut” of homes on the market.  That’s why it’s called the “shadow inventory,” right?  If the homes were on the market and for sale, I think they’d just call it “the inventory,” and drop the whole “shadow” part.
  2. Banks renting out homes does nothing to reduce the number of homes for sale.  Renting out a vacant home does reduce the number of vacant homes, but renting a home doesn’t preclude its owner from selling it.  So, if a home was on the market before it was rented, it’s likely still on the market after you rent it out.
  3. The only ways that one could reduce the supply of homes for sale would be to: 1) Stop building new homes and listing them for sale. 2) Stop kicking people out of the ones they own.  3) Tear down the houses listed for sale. 4) Start promising doctors, lawyers, or other high income or net worth individuals that are citizens of foreign countries that if they move here, we’ll give them a new car and send their kids to Harvard for free.  5) Start giving away homes on game shows.
  4. And there are no anti-renting statutes in this country that I could find.  In fact, in this country it’s really already very easy to rent something to someone assuming there’s someone who wants to and can rent it.  Maybe someone should introduce the Fed to Craig’s list.

More importantly, are we experiencing a shortage of homes that are available for rent?  I looked online for rentals in zip codes all over the country, and there were rental properties available in all of them.  I think today there are two reasons that many people don’t have a home of their own in which to live: a shortage of money… or the shortage of jobs that pay good money.

If the Fed is so concerned that a glut of homes for sale will derail any chance we have for recovery in our housing market going forward, which in turn will prevent our broader economic recovery, then why doesn’t the Fed’s list suggest that congress do something to prevent the 10.4 million foreclosures that will occur in the next few years, as forecasted by numerous industry experts whose predictions at this stage are based on hard data and mathematics.

 

CONCLUSION:

 

Recognizing that without recovery in our housing market our nation can’t sustain any sort of broader economic recovery, the Fed thinks congress should concentrate on reducing the glut of homes for sale… the glut that technically doesn’t exist yet… by making it easier to rent out repossessed homes?

 

That’s what we should do instead of doing something to prevent the 10.4 million new foreclosures that are certain to occur in the next few years?  The Federal Reserve wrote a white paper to the United States Congress saying that instead we need to address a glut of homes for sale that isn’t here yet by making it easier to rent out repossessed homes?

 

Read the two paragraphs under CONCLUSION again… slowly.  Now, would anyone care to explain that whole situation to me, because I find the whole thing terrifying.

 

2. The Fed thinks that “more should be done to make sure that the lenders, Fannie and Freddie and the federal banking regulators haven’t over-reacted to the crisis and are being too stingy and too picky about lending.”  According to Wessell: “The Fed actually said that if mortgages had been this hard to get over the past few decades, we MIGHT today be a nation of renters.”

  • The Fed told congress that if people couldn’t get mortgages over the last few decades we MIGHT today be a nation of renters?  No mortgages available MIGHT have meant more renters?  The Fed is not sure that fewer mortgages being available would lead to more renters??  Okay, but I wonder what else MIGHT have occurred.Then, the Fed is UNSURE about why lending in this country is bordering on non-existent and they want Congress to do more to investigate whether there’s been an over-reaction among “picky and stingy” lenders?  Did I get that right?

    Aren’t the guys at the Federal Reserve supposed to understand the issues surrounding lending?  They are, right?

  • The Fed has lowered rates to right around zero percent and pumped TRILLIONS into the financial system through all sorts of vehicles… and it hasn’t had any more sustained impact on lending than had they burned incense while chanting Hopi fertility prayers.
  • Is it possible in anyone’s mind that the volume of lending available in this country is related to the degree of over-reaction on some sort of pickiness and stinginess index for bankers?
  • Or could it be that a powerful wizard has cast a super glue spell on our nation so that no matter what amount of cash is pumped into our lenders, it sticks to the walls of their vaults and therefore can’t be lent out no matter what.

Isn’t it clear by now that the problem with lending in this country is NOT a LIQUIDITY problem and therefore it cannot be addressed through the use of MONETARY POLICY, of which the Fed is in charge?

You don’t need to be an “industry expert” to know what I’m saying here is true.  If it were a liquidity problem, then lowering the rates and pumping cash into the system would have worked and increased lending.  It didn’t, so, it’s not… get it?

 

One more time…

 

In this country, ever since the third or fourth quarter of 2007, the securitization market, credit markets, and secondary mortgage markets collapsed and froze solid when investors stopped trusting the credit ratings on mortgage-backed securities and CDOs.  Since then, lending in this country had to be effectively NATIONALIZED.

 

I say that lending has been NATIONALIZED because over the last three or four years, something north of 95% of the loans related to residential real estate were either Fannie, Freddie, FHA, Ginny, and… well, no that’s it, actually.

 

Remember when the Fed bought $1.5 trillion in mortgage-backed securities a few years back?   Do you understand WHY the Fed bought those mortgage-backed securities?  Because NO PRIVATE INVESTORS WOULD BUY THEM.  And why might that have been?  Anyone?  Anyone?  Come on now class… let’s not always see the same hands.

 

They don’t TRUST the securities anymore, very good class.  Why doesn’t the Fed remember any of this?  Or for that matter, the Economics Editor from the Wall Street Journal… to say nothing of the folks at NPR?

 

3.    According to Wessell, the Fed “is looking for alternatives to foreclosure, that if someone is not going to be able to pay their loan, and a lender is going to have to take it over, they’d like to find a way to speed the process up so it’s not so cumbersome.”

Okay, so the Fed is “looking for alternatives to foreclosure,” but what the Fed means by that is that they want the foreclosure process to be less “cumbersome?”  Less cumbersome than it is now?  Seriously?  What would that process look like, I’m curious to know?

I mean, now… in order to foreclose as a servicer, you don’t need much more than the relatively unsubstantiated claim that the borrower is not making their mortgage payments.  You don’t need to prove you’re the representative of the actual investor(s).  You don’t need to prove that the trust actually holds the note or that it was properly negotiated into the trust.   You can use a MERS assignment, even though it’s been established that the MERS database is often wrong.  You don’t need to show an unbroken chain of title.

In the non-judicial foreclosure states, you need even less, but my point is that you need so little to foreclose in either type of state that servicers have in numerous instances foreclosed on the wrong homes… yes, even with judicial oversight, the wrong home was foreclosed upon more than once or twice.

And, by the way, should you need any sort of paperwork to effectuate the foreclosure, is absolutely SOP to simply manufacture the documents and forge a signature or two… or three… a few hundred thousand times is fine.  Robo-signing is the norm, and I hear the forgeries are getting better, meaning they’re harder to detect.

Oh sure, Nevada has a new tougher law about these things, and other states are sniffing around the need to change things as well, but the Fed wants a “less cumbersome” foreclosure process?

 

So, what might such a process look like? 

 

Maybe the whole thing could be handled by phone or online?  That would probably cut down on the need for forged documents.  You could just call everything in.  The screen would just ask the foreclosing party a series of questions, like do you have the right to foreclose?  Yes.  Is this borrower in default?  Yes.  After one or two more questions, the servicer could just email the borrower the eviction notice.

 

That would be “less cumbersome.”

 

Look, 85% of homeowners go through the foreclosure process unrepresented by council… they just give up and leave.  Borrowers are not slowing the foreclosure process down or making it too burdensome.  Servicers are, in the vast majority of cases, and by vast I do mean almost all, able to mow down delinquent homeowners at will.

 

Last fall, I believe Treasury officials admitted that they thought HAMP a success because it slowed down the foreclosure process at a time when the banks couldn’t afford to take back that many homes.  That sentence speaks to accounting policy, and it’s why the banks haven’t taken more homes back to-date.  It’s not that the process is too cumbersome.

 

And I absolutely promise you… the Fed knows this intimately.

 

 

WRAP-UP…

 

After those stunningly brilliant and thought-leading insights, the host asked Wessell what the reaction from congress has been… and Wessell replied first by exclaiming what a good question that was.  I sounded like Wessell might have given Green a cookie, if he’d had one in his pocket.

 

Wessell then said the reaction has been “mixed,” and that Sen. Orin Hatch of Utah, a member of the powerful Senate Finance Committee, “sent a blistering letter to Bernanke saying that the Fed is treading on the turf of congress and the regulators and ought to back off and that he’s sure that the Fed wouldn’t appreciate a white paper from congress outlining how the Fed should be thinking about monetary policy.”

 

Ohhh, snap!

 

Wessell went on to explain…

 

“… some people think that this is putting pressure on the regulator of Fannie and Freddie… the FHFA… to do something more to help the housing market during an election season… the Fed says that’s not so.

 

Others say that maybe what the Fed is doing is giving the regulator some cover here by saying that the Fed thinks this is a good idea, it’s in the long-term interests of the taxpayer so we ought to do something here.”

 

Now, Wessell is talking about Ed DeMarco, the guy in charge of the FHFA, which is the conservator for the bankrupt Fannie and Freddie.  We’ve been over this with DeMarco in the past and he’s been very clear that his job is to protect Fannie and Freddie in the short run… period.

 

I want to be blunt here… whoever Wessell got either of those “insights” from… whichever nameless source… they’re both meaningless.

 

In fact, the whole podcast is meaningless, and that’s at some of its most useful moments.  What the heck is going on here?

 

How does the Fed write a white paper and present it to the United State Congress that is packed with proof positive of an entirely inadequate level of knowledge, understanding… education, even?  Am I going to find out that next week, the Fed sends congress a while paper about some issue from 4-5 years ago, and NPR treats it like it’s hot-off-the-press news again.

 

Is this evidence of a time warp of some design?  Am I on the Truman Show and none of this is real?  Are the politicians in D.C. that amateurish and obtuse?  Do our politicians simply not care, because so few of us pay any attention?  And what in the world happened to NPR?  Was that podcast produced for young children with Down Syndrome or some other physically or mentally impaired group?

 

I’m serious about this… I want to know how this podcast exists. It’s not 2008… are the people involved just that shallow as far as to their knowledge of the subject?  If you’re not with me here, I’d suggest you go back and read what was said slowly.  Or, better yet, go up to the third paragraph from the top and you can hear moron one and moron two do idiocy in harmony.

 

That was David Green on Morning Edition on National Public Radio with David Wessell, Economic Editor from the Wall Street Journal, who joins us regularly to talk about the economy…

 

Mandelman out.

Jan
16

Jamie Dimon: To Fix Housing, Everyone Should Get in a Room and Decide to Do My Bidding

Dimon: To Fix Housing, Everyone Should Get in a Room and Decide to Do My Bidding Jamie Dimon has a big plan to fix the housing market. It mirrors John McCain’s big plan to fix Iraq: get people in a room and yell “Stop the bullshit!” “I would convene all the people involved in the … Read more No related posts.
Jan
13

Forced Placed Insurance | Big Banks Face Inquiry Over Home Insurance

Big Banks Face Inquiry Over Home Insurance A New York State financial services agency is investigating several large banks to see whether they fraudulently steered homeowners into overpriced insurance policies. The investigation centers on so-called force-placed insurance that has become increasingly common since the downturn of the housing market began and homeowners had trouble keeping … Read more Related posts:
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  2. Forced Placed Insurance | Bank of America Forecloses on Home that does NOT Exist
  3. Forced Placed Insurance Leads to Fraudclosure, Attorney Calls it a Case of Fraud
Jan
10

Jack Lew | Obama’s Office of Management and Budget Pick Oversaw Citigroup Unit That Shorted Housing Market

Jack Lew: Obama’s OMB Pick Oversaw Citigroup Unit That Shorted Housing Market President Barack Obama’s choice to lead the White House budget office oversaw a Citigroup unit that profited off the housing collapse and financial crisis by investing in a hedge fund king who correctly predicted the eventual subprime meltdown and now finds himself involved … Read more No related posts.
Jan
04

Fedspeak White Paper | The U.S. Housing Market: Current Conditions and Policy Considerations

The U.S. Housing Market: Current Conditions and Policy Considerations The ongoing problems in the U.S. housing market continue to impede the economic recovery. House prices have fallen an average of about 33 percent from their 2006 peak, resulting in about $7 trillion in household wealth losses and an associated ratcheting down of aggregate consumption. At … Read more Related posts:
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  2. Adam Levitin and Tara Twomey White Paper on Mortgage Servicing
  3. Explaining the Housing Bubble – A Georgetown University Law Center Paper
Jan
03

Principal Write-Down Pilot Program in Massachusetts

A Boston nonprofit, Boston Community Capital, is teaming up with some financial institutions, in particular Bank of America, in a pilot program that has the effect of writing down mortgages to close to home value. http://www.npr.org/2012/01/02/143601604/in-mortgage-crisis-some-banks-agree-to-cut-losses

BCC says it works with qualifying homeowners and banks to buy underwater homes, either in short sales or at foreclosure, and then sells them back to owners at just above current market value. The nonprofit takes the risk of making the resale and allows those buying back to use their own lender or a mortgage company that BCC works with. See the program’s FAQs: http://www.sunhomehelp.org/faq/sun

BCC is playing a gatekeeping role as far as who qualifies (there must be an ability to pay the written-down loan but an inability to pay the original loan). Also, BCC may have better credibility with distressed homeowners than financial institutions such as B of A do. The pilot is supposed to test whether such a program can be run without promoting “strategic default,” according to the NPR story.

Principal write-down is much needed relief to stabilize the housing market and reduce the lose-lose impact of foreclosure, so this is a pilot worth watching. A concern, however, is whether we can trust any reports that come out about it. There does not seem to be any neutral third-party such as an academic researcher studying what happens in the program. Also, a supposed fact cited in the NPR story is unattributed and highly doubtful—that 30 percent of private home loan modifications last year involved principal write-down. That certainly wasn’t true of the government-sponsored Home Affordable Modification Program, so if true about private modifications, it raises even more questions about the troubled HAMP.

Dec
17

Robbing Peter to Pay Paul: US Economy Edition

The Administration seems to have cut a deal to extend the payroll tax cut, which is a smart economic move in terms of trying to support demand. But it's being paid for by an increase in the "G-fee" (guarantee fee) charged by FHA and Fannie Mae and Freddie Mac on the loans they purchase. In other words, anyone refinancing or taking out a mortgage now will be subsidizing reduced payroll taxes.  The result is robbing Peter to pay Paul, which means the economic benefits from extending the payroll tax cut are going to be muted by the chill this puts on the struggling housing market.  

The argument that it will encourage homeowners to look for non-GSE/FHA loans is pretty silly and hides the foolishness of using housing to pay for payroll tax cuts. Homeowners don't choose whether they have a GSE loan or not. They choose whether to do FHA or not, but if it's not an FHA loan, the homeowner doesn't know if the loan is going to stay in the lender's portfolio, be sold to another lender, be sold to a GSE (and maybe securitized by the GSE) or be privately securitized. Raising the costs of the GSE execution might encourage more portfolio lending, but it's hard to believe that a few basis point change in GSE execution costs is going to suddenly make the private-label securitization market revive.  The problems in that market aren't just the economics--particularly of servicing--but the utter lack of trust investors have in the underwriting, documentation, and servicing. For the private-label market to revive, there will need to be a much more significant difference in execution costs between private-label and the GSEs. The increased G-fee doesn't do it. 

It's painfully apparent that this Administration doesn't have a housing policy, and that's a serious problem when housing is the anchor weighing down the economy.  Consider, on the one hand, the Administration tries to make refinancing easier via the expansion of HARP.  Then it raises the "G-fee" that Fannie Mae and Freddie Mac charge on every loan they purchase, which gets passed on the homeowner in the form of a higher mortgage rate.  (I'm not sure of the pass-through rate, but I'd guess it's pretty high.)  If the Administration is trying to fix the housing market, this sure isn't the way to do it.

Nov
28

Housing purchases up slightly, but…

... at a discount


The Associated Press has some “good” news and some disturbing news on the housing front: New-home sales increased 1.3 percent last month to a seasonally adjusted annual rate of 307,000, the Commerce Department said Monday. That’s less than half the 700,000 that economists say must be sold to sustain a healthy housing market. September’s figures [...]

Read this post »

Nov
23

Home sales contracts are falling apart 2X as fast as last year

In a rare moment of semi-lucid disclosure, the National Association of Realtors (“NAR”) reported that home sales contracts are falling apart TWICE as often as they did last year, according to the numbers released at its annual convention in Anaheim, California.

In an article published in National Mortgage News, titled: NAR: Sales Falling Through Twice as Often, the NAR said that recently 18% of its members are reporting “contract failures,” which is double the number that were being turned down one year ago.

Why?  Well, according to the Realtors, it’s credit scores and appraisals coming in too low.  Well shave my head and call me Baldy… what do you know about that?  I certainly do declare, how can such a thing possibly be so?  What could possibly be the cause?  Who would have ever expected something like this to happen?

This really is precious, don’t you think?  Absolutely adorable.  Hey, I know how we can fix things… let’s have a bake sale… Lord, I do love a good bake sale.

Apparently, the Realtors are quite surprised that these days even good credit isn’t good enough, so the NAR conducted decided to conduct an “analysis.”  These guys needed to study this problem, because apparently, when the topic of conversation moves beyond the houses themselves, the NAR has no clue what’s going on.

They found that the average credit score needed to get a loan in 2007 was 717, but lo and behold, will wonders never cease, in 2010 is was 760!  So, I guess it’s going up.  Go figure.

“Weighted average FICO scores for conventional loans purchased by Fannie Mae and Freddie Mac eased a bit in this year’s second quarter, declining to 755, but remain well above historic norms, the realty group said.”

Well, thank the good Lord for the NAR’s powerful analysis.  Please do go on… I am totally glued…

Almost three out of every four loans were offered to buyers with scores of 740 or higher, while less than 1% were offered to those whose scores were 620 or lower, NAR said. Twenty-five percent of Americans have credit scores below 599 — almost double the level of two years ago.

Shut the front door!  Twice as many Americans have credit scores below 599 than did just two years ago?  Now why do you suppose that would be?  Want to know what that looks like on a piece of graph paper?  Ever heard of a trend line?  Well, this trend line follows Thelma and Louise’s car at the end of the movie.

The stiffer mortgage requirements have come at a time when banks are seeing strong profits and runs counter to the government’s efforts to use rock-bottom interest rates to get the economy and the housing market moving again, said NAR’s chief economic, Lawrence Yun.

It “Yuns counter to the government’s efforts,” run?  (Wait, flip those.) I meant, it “runs counter to the government’s efforts,” Yun?  How weird is that?  I mean interest rates have been at all time lows for the past… hmmm… oh, I don’t know… shall we say four straight years, and it’s been working great so far, wouldn’t you say?  I mean, we’ve got a housing market that might even rival that of Paraguay.

Listen… Yun… you’re an idiot.  Where did you get your economics degree?  I mean specifically.  Because you should ask for a refund.  Seriously… if you paid for your economics education you got ripped off, dude.

“We need to get back to reasonable lending standards,” said Ron Phipps, the outgoing president of the 1.1 million member trade group.

Reasonable lending standards?  Oh, for heaven’s sake.  I’ll bet Ron thinks that… after all, he’s got to find a way to keep those 1.1 million NAR members paying their dues, does he not?  But, I’m afraid Ron’s fighting a losing battle.  There’s no way he’s going to be holding his ship together much longer.  It’s going to be over soon.

It is, however, nice to see the NAR is offering some continuing education classes.

The convention featured two separate educational sessions on the importance of credit scores and how to improve them…

Improve them up to 760?  That’s a lot of improving.  How much does it cost to improve that much?

LOL… allow me to offer some slightly contradictory advice that is certain to save you a whole lot more than a couple hundred a month.

Unless there are specific reasons for you to do so, like you’re downsizing, or you simply have to move… don’t buy a house right now.  I can absolutely assure you that you will lose money in year one, two and three… and very likely beyond that.  So, RENT!  And revel in it… especially if you’re renting now, there’s no reason to buy something today, because now is definitely NOT a good time to buy.  And if anyone tells you otherwise, ask them if they’d care to debate me on a podcast… that ought to do it.

You want to know what you should be doing now?  SAVING MONEY.  Less buying and more saving is the new black.

Want to glance into my crystal ball for a few moments?  Okay, here goes…

  • The banks are not enjoying “record profits,” as we often hear in the news.  They have the same “toxic” assets on their balance sheets that they had in 2008.  The biggest difference today is that the banks are not adhering to several key accounting rules, and because of that no one really knows exactly how they’re doing.  I do know one thing about the banks, however.  Banks make money by lending, and they’re not doing much, if any, of that.
  • Over the last two years, for example, many of the TBTF banks have lowered their reserves in order to make their financials look better than they actually were, and last quarter a few of these banksters actually made their numbers by writing down their own debt based on their creditor’s perception that they may default.  Like, if I owed you $10,000, but you figured I might go bankrupt and not pay, so you were willing to sell my debt for $5,000… and so I wrote down the amount I owe you to $5,000 on my financials.  Nonsense.
  • As of October of 2011, as a result of the “bailouts,” Goldman Sachs still owes U.S. taxpayers $12.9 billion, JPMorgan Chase owes us $32 billion, Morgan Stanley owes us $25.5 billion, and Bank of America owes us $19.7 billion.  So, if they’re in such great shape, why can’t they pay back what they owe?
  • “Unless the euro zone debt crisis is resolved in a timely and orderly manner, the broad credit outlook for the U.S. banking industry could worsen,” said Fitch Ratings yesterday. “Further contagion poses a serious risk,” Fitch said.  Have you noticed how the news on Europe is getting progressively worse?  Like at first, it was over there, but now it might be coming here?  Well, of course it’s coming here… just think of the financial crisis as occupying the planet.
  • Any event that triggers default on the trillions of dollars worth of synthetic CDOs that were sold before 2007 could be a disaster that tips the world from recession into deep depression. Nobody really knows what will happen for sure, but it won’t be a small event.  A synthetic CDO, by the way, is a collateralized debt obligation or CDO that is comprised of credit default swaps instead of debt securities, which are based on mortgages and leverage (read: borrowed money).  Many people describe credit default swaps as being insurance against a bond’s default, but there’s more to it than that.  For example, various credit events can require an insurer to post additional collateral, which is what got AIG in so much trouble in the fall of 2008.  Right now, truth be told, we are living on a razor blade, and hoping no one slips.
  • Don’t be fooled by stimulus you can’t see.  Just because you can’t see it, doesn’t mean it’s not there.  So, when Bernanke is flooding the system with money, even though you can’t see it or even feel it… it’s there and it’s affecting things… not forever… but for some period of time.  Now that stimulus is pretty much over, you can expect things to fall faster.
  • Unemployment is rising… when it will be reported as such, I don’t know because the numbers being released are not to be trusted.  For example, the September jobs report showed that the U.S. economy created 103,000 jobs in that month, but as it turns out… 45,000 of those jobs were Verizon workers returning to work from an August strike.  Job creation… well, not so much.
  • According to economist Dean Baker: “The economy has created 99,000 jobs a month over the last three months, about 9,000 more than it needs to keep pace with the growth of labor force. At this pace, it will be around 80 years until the economy gets back to normal levels of unemployment.”  Regardless, news accounts say that the jobs numbers were better than expected.
  • Remember President Obama’s first piece of legislation… the one that approved roughly $700 billion in stimulus spending?  Well, something like $500 billion of that money went to the states, and that’s why the states have been able to operate as if everything is hunky dory.  But, that money is gone now, or soon will be and the states can deficit spend or print money like the federal government can.  So, get ready because state jobs are being cut to the tune of 22,000 a month… my guess would be that pension cuts are coming soon.
  • Foreclosures are steadily rising.  Home prices are steadily falling.  Period.  What else could possibly happen, given the circumstances?  But, you can’t tell that from the headlines.  For example, get ready for the reports showing that sales were up this year as compared with last year’s anemic total, but look below the surface and you’ll find that last year’s total was the lowest in 13 years, and this year’s median price of a home was down 4.7 percent from last year.  And frankly, even those numbers are ridiculous because there’s no real, real estate market… it’s just a mish-mosh of distressed sales and short sales, with only the federal government providing the financing, and a shadow inventory so large that no one can even guess at its size anymore.
  • But nothing goes down in a straight line so don’t be fooled by interim reports offering meaningless comparisons and purporting to indicate that happy days are here again.  Nothing can change for the better until we do something to stop the free fall in housing prices, which means stopping the flood of foreclosures… and that won’t happen until we shatter the stereotype that “people bought homes they can’t afford.”  The problem with believing the happy crap is that it stops us from demanding action from our government.

Meanwhile… back at the National Association of Realtors, the following headline appeared right below the one that motivated me to write this article…

NAR: Housing Market Poised to Turn

The ever-optimistic National Association of Realtors believes the worst housing downturn since the Great Depression is almost over.

So… umm… well, okay… Yay!

Let me guess… according to the NAR, now is a good time to buy, right?

As Yves Smith would say: Quelle surprise.

Mandelman out.

Nov
23

IndyMac | Financial Finger-Pointing Turns to Regulators

Financial Finger-Pointing Turns to Regulators In the whodunit of the financial crisis, Wall Street executives have pointed the blame at all kinds of parties — consumers who lied on their mortgage applications, investors who demanded access to risky mortgage bonds, and policy makers who kept interest rates low and failed to predict a housing market … Read more Related posts:
  1. SEC Charges Former IndyMac Executives With Securities Fraud
  2. Report | WALL STREET AND THE FINANCIAL CRISIS: Anatomy of a Financial Collapse
  3. AFR Letter to Congress RE H.R.1315 That Would Handcuff Consumer Financial Protection Bureau and Give Discredited Banking Regulators Vast Power to Block Needed Protections
Nov
20

Fraud Digest | Palm Beach County Home Prices After the Crash

Palm Beach County Home Prices After the Crash By Lynn E. Szymoniak, Ed., Fraud Digest The crash of the housing market has left families with an insurmountable debt problem. Palm Beach County, Florida, is one of the counties hardest hit by falling home prices. In many cases, the Palm Beach County homes are now selling … Read more Related posts:
  1. Bank Fraud | HURRICANE CHERYL DESTROYS LAND RECORDS IN PALM BEACH COUNTY
  2. PB Post: Illegal Auctions Continue | Foreclosed Homes Still Selling at Palm Beach County Auction Without Representation
  3. PB Post | More than Half of Palm Beach County Foreclosure Canceled
Nov
14

Our future hinges on just ONE thing…

Cartoon by Steve Grenberg

How the foreclosure crisis impacts our country’s standard of living from this point forward will all come down to how we handle ONE thing.  We either change that one thing, or most assuredly we will at best continue to experience in the future more of what we’ve experienced to-date.  It will not get better.  It will only worsen and worsen significantly… unless we change the ONE thing.

A country’s “standard of living” includes such factors as income, quality employment, class disparity, poverty rate, quality and affordability of housing, gross domestic product, inflation rate, availability of education, life expectancy, infrastructure, economic and political stability and personal safety. Our country’s standard of living is what dictates our quality of life, and while money can’t buy us love, it does buy our standard of living.

There is nothing capable of destroying the wealth of our country’s 99 percent faster or more permanently that the foreclosure crisis, so there’s nothing capable of lowering the 99 percent’s standard of living more dramatically than the ongoing wave of foreclosures.   Zillow’s report published in December of 2010 showed that U.S. homeowners have lost $9 trillion since the housing market’s peak in 2006, and $1.7 trillion of that total was lost in 2010 alone.  And that same report showed that it’s getting worse.

  • Residential property values fell by 63% more in 2010 than in 2009.
  • U.S. homeowners lost $680 million in the first half of 2010, but lost $1 trillion in the second half of the year.

Evidently, the pace of the decline in residential property values is accelerating.  If consumer wealth was wiped out at the same pace in 2011, we’d be just under $11 trillion in lost wealth today, but we’ve probably already passed the $11 trillion mark, because the decline in values escalated in 2011 over 2010.

So, how about for 2012… should we assume $2.5 trillion lost for the year?  Based on those numbers, by the end of 2012, U.S. homeowners will have lost right around $15 trillion in accumulated equity, an amount that, at 50 years old, won’t be made up in my lifetime… and three times the amount of equity created between 2001 and 2006.

In addition, it’s important to consider that our country has had a very serious problem with income and wealth inequality for a long time, and the wealth lost due to the foreclosure crisis is making that problem exponentially worse.  According to IRS data, in 1988, the average American made $33,400 adjusted for inflation, and in 2008, nothing had changed… the average American still made $33,000.  Meanwhile, if you made $380,000 a year, then your income increased by 33 percent over the last 20 years.  And, of course, stock market gains make the disparity much worse.

As a result, our country has one of the widest rich-poor gaps of any high-income nation today, and that gap is now growing faster than ever.  Many prominent economists have warned that the widening rich-poor gap in the U.S. population is a problem that could undermine and destabilize the country’s economy and significantly reduce our standard of living.

Even Alan Greenspan, who some no doubt consider the father of our rich-poor income gap, and who is certainly no bleeding heart liberal, has said, “The income gap between the rich and the rest of the US population has become so wide, and is growing so fast, that it might eventually threaten the stability of democratic capitalism itself.” And he said that in June of 2005, imagine what he thinks today, now that the gap is widening at an inconceivable pace.

What’s old is new again…

In many ways, it’s a situation strikingly similar to what happened during the Great Depression of the 1930s, when one thing… one event… did in fact change the course of our nation.

That one thing is known as the “the Pecora Moment,” and it refers to attorney Ferdinand Pecora who, in his role as chief counsel for the United States Senate Committee on Banking and Currency, cross-examined the most famous men in finance as part of the committee’s inquiry into the causes of the crash of 1929.

Ferdinand Pecora

Pecora’s questioning of Chase’s Chairman Albert Wiggin uncovered the fact that he had actually shorted Chase shares during the crash… betting against his own shareholders… and profiting from the falling prices.  Pecora also revealed to the American people that National City Bank, the largest issuer of securities in the world at that time, had dished off thousands of bad loans to unsuspecting investors in Latin America and elsewhere by packaging them into opaque and complex securities.  (Boy, that sure sounds familiar, doesn’t it?)

The year was 1932 and even though the country had already suffered through three terrible years of what would later that decade come to be known as the Great Depression, no one had been held responsible for what had happened.  Many people blamed themselves, and some viewed the bankers as heroes because they had tried to stop the market from crashing.

You see, during the ‘Roaring 1920s,’ bankers had become America’s royalty, but when Pecora finished questioning them, the way people viewed the bankers changed dramatically.  Sen. Burton Wheeler of Montana compared their acts with those of Al Capone and the American public began referring to them as “banksters.”  (And here I thought we came up with that last year.)

The Pecora Moment created the political support that allowed FDR’s administration to hold Congress in session in order to pass laws that the bankers opposed, like the Securities Act of 1933, the Glass-Steagall Act of 1933, the Securities Exchange Act of 1934, creation of the FDIC, Tennessee Valley Authority, et al, all of which were designed to prevent the abuses brought to light by Ferdinand Pecora.  He made the cover of Time Magazine, by the way, on June 12, 1933.

Above all, Ferdinand Pecora understood the power of public outrage.  And they called him, “The Hellhound of Wall Street.”

Fascinating, don’t you think?  In many ways, we’ve been here before.

Today’s ONE thing…

I understand, perhaps as clearly as anyone, how complicated the financial and resulting foreclosure crisis truly is.  There are a multitude of factors that have contributed to the deteriorating economic situation in which we find ourselves, but there is ONE thing… ONE factor that must be changed in order for anything else to change for the better.
Let’s understand and be very clear about what that ONE thing is:

Far too many Americans believe the “irresponsible borrower” stereotype caused the foreclosure crisis.

You know the stereotype… we all do… reckless and greedy people who bought homes they could never hope to afford by signing their names on nothing down, 80/20 “liar loans” with negative amortization and teaser rates of 1%.  And the property flippers looking to make a quick buck, gambling that home values would only go up forever.  They gambled and they lost and as a result today’s foreclosures are appropriate and deserved, so let’s get on with it.

(And yes, perhaps some predatory lending practices played a role too, but even those so-called victims ‘should have known better.’  After all, no one put a gun to their heads.)

As a result, instead of being seen as “saving the economy,” anything that helps homeowners is seen as a “bailout” of these homeowners, an act tantamount to rewarding their irresponsible decisions.  And our policy makers become pious and smug as they ‘tut-tut’ about the “moral hazard” involved in bailing out these “irresponsible borrowers,” as if doing so would only encourage this same sort of distasteful behavior in the future.

People buying homes they could not afford is not a crisis… it’s also not something that requires further examination… it’s not something that can be… or needs to be “fixed.”

Defining the problem this way continues to prevent policy makers at both state and federal levels from taking any meaningful action to mitigate the damage being wrought by the steadily increasing numbers of foreclosures.  There is never going to be political support for a “bail out of irresponsible borrowers.”

Even worse, in terms of being an explanation for the foreclosure crisis… it is just completely wrong… factually incorrect… entirely untrue.  It is an erroneous belief that must be changed before anything else can change for the better… before any economic recovery can begin to take hold.

And in case you don’t think there are that many people that think this way, I only have one question: Did you watch any of the GOP presidential candidate debates?   In one, the only comment made about the foreclosure crisis, was made by Mitt Romney who said, “Don’t try to sop the foreclosure process.  Let it run its course and hit bottom.” And in the latest one, both Romney and Gingrich echoed the same sentiment.

Believe me when I tell you that neither Mitt nor Newt voiced that viewpoint having no idea how their audience views the foreclosure crisis.  They knew they were preaching to the choir.

Of course, I do recognize that it is changing, albeit slowly.  In fact, not many days pass without me hearing from another homeowner shocked that this is happening to them, as they find themselves at risk of foreclosure.  And most certainly, as more people are directly affected by the foreclosure crisis, more people will come to understand it.  But, that’s learning the very hardest of ways, and if we don’t accelerate that learning, we will all pay a price far beyond anything we’ve imagined.

Besides, it’s simply not true…

First of all, let’s start with the simple truth… people do not knowingly buy homes they cannot afford.  No, they do not.  They don’t.  It’s a preposterous thought.  Like telling me that there are millions of people somewhere in the USA that like to buy cars with payments they can’t afford… because I suppose they like to hide them around the block every day and night until they get repossessed.  Then they wait 7-10 years until they can buy another one with payments they can’t afford so they can enjoy the experience all over again.

And homes are much worse than cars, because they cost a lot even besides the actual mortgage payments.  You have to move the whole family across town… change address at Post Office … the kids get all excited… tell their friends… your spouse thinks you’re a hero.  You don’t put much if anything down… maybe five or ten grand you’ve got saved… but moving in costs a fortune no matter what.

You need new furniture, and new washer and dryer… maybe a T.V. for the family room… you need garden tools, a hose, air filters, the plumber has been out twice within a month.  Your wife hates the kitchen floor… you spring for tile, try installing it yourself, screw it up and end up paying twice as much to have it re-done… but now the counter tops look dingy next to the new floor… and the cabinets after that… and then, oh my God I had no idea drapes and other “window treatments” cost that much… can we have the cottage chees ceilings scraped?  Sure, why not… this is our home.  Patio furniture… a rose garden… of course, why didn’t I think of that?

There’s only one hitch… the payments are $3,200 a month, and you only make $3150 after taxes, and your wife stopped working last year so she could be home after school with the kids.  But, hey… the house is going to keep going up in value, and besides buying one that you could have actually afforded… well, that’s no fun.  You haven’t lived until you’ve raised a family in a home that’s at risk of foreclosure.  Oh boy… good times!

That never happens.  No, it doesn’t.  And let’s just say I was to play along and say… okay, it has happened.  How many times, do you suppose?  Quite a few?  Where… in Indiana?  Massachusetts?  Michigan?  Lots of “irresponsible homeowners” in Michigan, were there?  There’s nothing a Michigan resident likes better than going through a good old fashion foreclosure and trustee sale, is that what I’m to believe?  Nonsense.

And, considering that the foreclosure crisis, as we know it today, began midway through 2006, explain to me exactly how someone who did something along the lines of what was described above managed to avoid losing his home sometime in the last FIVE YEARS?  And don’t tell me it’s because of adjustable rate loans or option ARMs, because in case you haven’t noticed… interest rates have only gone down.

Professor Stan Liebowitz

Stan Liebowitz is a professor of economics and director of the Center for the Analysis of Property Rights and Innovation in the management school at the University of Texas, Dallas.  He’s a conservative who has written for The National Review, and I disagree with him on essentially everything.

In 2008, however, he conducted the country’s most comprehensive analysis of the U.S. housing market, studying loan level data on the 30 million mortgages in the McDash Analytics database, a division of Lender Processing Services, and his work debunked much of the conventional wisdom of the day.

The steep ascent in foreclosures began during the third quarter of 2006, and between then and the end of 2008 when his study was conducted, 4.3 million homes went into foreclosure, but his study showed that 51 percent were prime loans, not sub-prime, and although only 12 percent had negative equity at the time, they made up 47 percent of all foreclosures.  Liebowitz’s study showed conclusively that negative equity, often referred to as being “underwater,” is what causes foreclosures.

Liebowitz is far from alone in his conclusions about negative equity being the primary cause of foreclosure.  Once you’re underwater, the same life events that cause bankruptcy cause foreclosures… divorce, illness or injury, and job loss.  Buying a home with unaffordable payments causes foreclosure about as often as a “spending sprees” cause someone to file bankruptcy.  In other words, it doesn’t.

(Note: The “irresponsible borrower” stereotype has been used viciously by the financial services industry to make it much harder for people to file bankruptcy, and many people do, in fact, believe that credit card spending sprees are what cause bankruptcy.)

HUD’s Report to Congress on the Root Causes of the Foreclosure Crisis is just one of the many studies that confirmed Liebowitz’s conclusions about negative equity causing foreclosures…

The primary factor driving defaults is the value of the home relative to the value of the outstanding mortgage.  HUD said most borrowers become delinquent due to a change in their financial circumstances that makes them unable to meet their monthly mortgage obligations. These so called “trigger events” most commonly include job/income loss, health problems, or divorce.

First, a trigger event reduces the borrower’s financial liquidity, and then a lack of home equity makes it impossible for the borrower to either sell their home to meet their mortgage obligation or to refinance into a mortgage that is affordable given changes in the market and in their financial circumstances.

“Rising mortgage delinquency and foreclosure rates exact a tremendous toll on individual borrowers and their communities. Foreclosures also exert downward pressure on home prices, further exacerbating problems in the housing market and the broader economy.”

Why is negative equity such a critical measure? Because it points to the likelihood of default on mortgage obligations. Equally importantly it measures the ability of the owner to sell the property; in this economy that can be especially important to get out from under an unaffordable increase in mortgage payments, be able to proactively move because of job opportunities, or a conscious need to down scale the housing cost burden that their household may no longer be able to afford because of loss of job, wages, expressions of family stress such as divorce, or in response to the ever increasing numbers of unaffordable medical bills or medical bankruptcies.

Note that no one is talking about that “irresponsible borrower” subtype, the “strategic defaulter”.  People aren’t walking away from their mortgages today en masse simply because they’re underwater and now view their homes as a wealth-destroying “investment”, although that time will come soon enough if we continue on our current path.  Right now we’re still only talking about people who, despite being underwater, are trying to make good on their mortgages. But life happens and when it does, they won’t be able to sell.

I think that’s enough said about what’s causing foreclosures today, so now let’s look at negative equity.

The drivers of negative equity this time around…

The quickest way to end up underwater is to live in a neighborhood that is plagued by foreclosures.  … As homes go into foreclosure, they create a domino effect, lowering home values throughout a neighborhood in a cascade beyond homeowner’s control.” Anna Maries Andriotis (2009) in Smart Money

It should occur to more people, in my opinion, that we are experiencing a national decline in housing values unlike any we’ve experienced in the past.

In January of 2011, Zillow announced that its index of home values fell for the 53rd consecutive month as of November 2009, and that since June 2006, home values had fallen 26% nationwide.  Zillow’s Katie Curnette pointed out, “That’s more than the 25.9 percent decline in the Depression-era years between 1928 and 1933.”

We’ve had plenty of recessions in the past.  The first one was in 1819, caused by… wouldn’t you know it… banks over extending themselves.  Then, between 1837 and 1843, we had a depression, and one that economists often compare to the Great Depression of the 1930s.  Land speculation in the projected path of the railroads, and the failure of a large life insurance company, combined to cause that extended economic downturn.

Throughout our history, with the exception of the depression of 1837 and what went on during the 1930s, our recessions have always been short, most commonly lasting between 12-18 months, like in 1973, 1979, 1981, 1991, and even in 2000.  Very few things we’ve seen in the past are capable of telling us anything useful about today or tomorrow.

The liquidity crisis of the 1930s…

A real estate bubble fueled by easy credit and reduced down payment requirements preceded the Great Depression of the 1930s.  Back then, a mortgage was five years and required a 50 percent down payment, but by the mid-1920s, developers got prices to rise by stimulating demand… they started allowing people to buy with only 10 percent down.  More people could put 10 percent down than fifty, so demand went up and predictably, prices followed.

All mortgages were all interest only back then, no re-payment of principal was required.  The borrower was simply expected to refinance the loan when it expired in five years, most often with the same lender.  (So, I guess we didn’t invent these types of loans in 2003 either.  Who knew?)

Unlike what happened in 2007, the stock market crash of 1929 led to a liquidity crisis.  There was no money available to borrow, so refinancing was impossible… and millions of families lost their homes to foreclosure.  First, the riskier 10 percent down loans defaulted, but with no financing available, and as prices continued to fall, soon the supposedly safe 50 percent down loans went into foreclosure as well.

Consumer spending dried up so demand for essentially all goods fell, causing prices to fall… which meant companies made less money and laid people off, which caused unemployment to rise… which in turn caused more foreclosures, which lowered prices even further, thus causing unemployment to rise even further, which led to more foreclosures.

We had entered a deflationary spiral, and with home prices falling, even those consumers who could buy were reluctant to buy, and even the banks that could lend, were reluctant to lend.

As part of the New Deal, and after 33 states strictly limited or even halted foreclosures, the federal government took control of millions of mortgages and restructured them into the modern day mortgage, a loan where the principal was repaid, at first over 15 years, then over 25, and finally over 30, as we’re used to today.

Obviously, the danger of rapidly falling home prices is that, just like occurred during the 1930s, buyers sit on the sidelines expecting lower prices in the future.  And lenders, afraid of the decreasing value of the collateral for the loan, increase down payment requirements, or virtually stop lending altogether, either because they can’t or they won’t.  And this situation causes even further and steeper price declines, which causes homeowners to lose their equity, thus preventing them from buying other houses going forward.

In econo-speak, price declines are a self-reinforcing mechanism, or as I prefer to put it… foreclosures breed foreclosures.  But this time around it was not a liquidity crisis that caused home prices to fall, this time it was very different.

The credit crisis of 2007…

In all of our past recessions, housing prices have fallen as a result of some other factor, such as liquidity drying up when a large bank or insurance company fails, or the stock market crashes, as was the case in 1929.  This time however, housing prices didn’t start to fall because of something else, this time falling housing prices caused the downward spiral to begin spiraling downward.

By the summer of 2006, Fed Chief Alan Greenspan had raised interest rates 17 times in a row in an effort to cool down the housing market.  Adjustable rate loans adjusted higher and those that had bought solely counting on real estate’s continued rise, and who qualified only at the low introductory rate, went into foreclosure.  These were the riskiest of the loans, and the rising rates caused foreclosures to spike for the first time during the third quarter of that year.

Of course, had these loans not been packaged into mortgage-backed securities and leveraged (read: borrowed against), and then re-packed into CDOs and leveraged again… then the extent of the losses would have been minimal.  But in the world of finance in 2006, where one loan for $100,000 might be the basis for $3,000,000 or more in securities and derivatives, its default had an exponential impact.

Then, a year later, in July of 2007, something happened that led to a situation we’d never seen before… S&P and Moody’s downgraded the ratings on 1,032 bonds backed by sub-prime loans, and investors all over the world lost trust in the ratings that had been placed on all mortgage-backed securities, thinking that if they had downgraded these, what about those.  The result was that demand for these and related investments disappeared.

Within weeks, the credit markets were frozen solid.  Central banks lowered rates and started pumping money into the system to avert a total collapse, even though only a month before the central bankers had chosen to leave interest rates unchanged.

Essentially overnight, the credit crisis made it extraordinarily difficult or even impossible for most people to get a mortgage or re-finance one, and quite predictably housing prices went into a free fall, continuing their decline ever since.

To-date, we’ve seen no meaningful private securitizations of residential mortgages since the fall of 2007.  Essentially all mortgage lending today is made possible by the U.S. government through Fannie Mae, Freddie Mac, Ginnie Mae and FHA.

Negative equity today impacts the housing market tomorrow…

Housing prices fell drastically between 2006 through 2009, at the same time that credit and then employment markets tightened.

In 2006, about 7 percent of United States’ homeowners owed more on a single family residential mortgage than what the property could have sold for (Calculated Risk, 2007).  By 2010, estimates of those “underwater” on their home mortgage had risen to between 20 and 25 percent (Streitfield, 2010 and The Economist, 2010).  And Haughwout and Okah (2009) calculate this percentage to be even larger in some metropolitan areas in the United States.

In numerous cities more than half of all homes with mortgages are underwater, including Phoenix (66.2 percent), Atlanta (58.7 percent), Riverside, California (51.4 percent), Tampa (56.5 percent) and Sacramento (50.9 percent). Other big metro areas with a high percentage of underwater homes include Miami-Fort Lauderdale (46.7 percent), Chicago (46.2 percent), Cleveland (41.5 percent) and Denver (38.5 percent).

And today, according to mortgage analyst Mark Hanson:

“Over 50% of all mortgaged households in the U.S. are effectively underwater” once implicit equity reductions are factored in. Because repeat buyers have always carried the market as the foundation, this is why demand has not come back. It’s as if half the potential buyers in America died over a two-year period of time.”

It’s also important to recognize that five years of downward slide in home prices has already caused a radical shift in opinion about home ownership.  A new survey conducted by Columbus, Ohio-based Home Value Insurance Co. found that only 52 percent of Americans still consider home ownership the American dream, while 48 percent consider it more of a nightmare.

With half the mortgages already underwater, we have half the number of potential future buyers than we’re used to.

Now, imagine of the ones that are left… the ones who still have equity… and from those, deduct for those that can’t put 20% down or don’t have a 740+ FICO score.  Then deduct to account for those who want to stay in their homes indefinitely, some who are worried about losing their jobs in the future… and a few more for those who don’t want to buy as long as prices are falling.

Finally, let’s talk pending foreclosures and shadow inventory.  In California alone there are now two million homeowners in foreclosure.  Forty percent haven’t made a payment in over two years… 70 percent haven’t made a payment in over a year… and all haven’t made a payment in at least four months.  And the official shadow inventory is getting ready to top the 10 million mark.

So, when you combine the factors including the number of homes already underwater, with the changed attitudes about owning a home, the number of potential future buyers having been reduced by more than half, and the coming impact of the shadow inventory and pending foreclosures… to say nothing of what will happen should interest rates rise and the impact of the ongoing credit crisis… whatever you think your house is worth today… cut it in half at least and you may be about right.

We must stop the free fall in home prices or no economic recovery is possible…

Unlike other investments, homes are both a consumption and investment item.  No other purchase or investment contributes to our economy like houses do, because we spend money to maintain and improve our homes year after year throughout our lives.  Homeowners are constantly purchasing goods and services to make their homes prettier, more comfortable, safer, sounder, bigger and newer.

Yes, a home provides a family’s shelter, but it is also a forced savings account in the form of mortgage payments that pay down principal, and an investment because financial returns are realized as a home’s value rises.  And homeowners have always been able to access their accumulated wealth without having to move, through home equity loans or replacing a smaller mortgage with a larger one.

Until very recently, the “wealth effect” has always been thought of as: “The premise that when the value of stock portfolios rise investors feel more comfortable and secure about their wealth, which causes them to spend more.”  Today, we can see that previous assumptions have been wrong; that “the wealth effect” is not tied to the stock market… as we’ve always been told… it’s all about the value of our homes.

When you consider that roughly 70 percent of our GDP is related to consumer spending, it’s easy to see that no economic recovery is possible unless consumers are willing to spend, and yet we are allowing the wholesale destruction of middle class wealth by continuing to allow the unabated flow of foreclosures.  So, it should comes as no surprise that in August of 2011, Bloomberg reported that the consumer confidence index, which is measured monthly at the University of Michigan, fell to its lowest level since 1980.

A report by the Congressional Budget Office (“CBO”) issued last January estimated that when home values change by $1,000, the owner’s consumption changes by $20 to $70… two to seven percent.

During the years 2001 to 2006, housing wealth grew by $4.8 trillion.  If the CBO’s estimates for consumer spending related to home values were correct, spending should have increased by $96 billion to $336 billion.  But, consumer spending during that period rose by $2.17 TRILLION, so the wealth effect from housing obviously accounts for quite a bit more than the CBO had thought.

Much of the reason for this is that when someone purchases a home the equity in that home creates an economic safety net going forward.  That safety net allows for less money to be saved for retirement, because the certainty of owning a home in one’s old age means less money will be needed in the future for housing expenses, so spending is increased by the certainty of equity and home ownership in their future.

The simple fact is that owning a home, in addition to Social Security and whatever pensions and/or private savings may be present, has always been America’s retirement plan.  Destroy our largest source of future wealth and we will curtail our spending, simple as that.

Barry Ritholtz, in November of 2010, also weighed in on the idea that the wealth effect is tied to stock market performance, in his article titled: Wealth Effect Rumors Have Been Greatly Exaggerated.

It is taken for granted that a rising stock market stimulates the animal spirits, sending consumers off shopping.

The basic premise of the wealth effect is well known: As the value of stock portfolios rise during bull markets, investors enjoy a feeling of euphoria. This psychological state makes them feel more comfortable  — about their wealth, about debt, and most of all, about spending and indulgences. The net result, goes the argument, is that consumers spend more, stimulate the economy, thus leading to more jobs and tax revenues. A virtuous cycle is created.

The problem is, the theory is mostly nonsense.

The vast majority of Americans have a rather modest sum of cash tied up in equities. 401ks, IRAs, investment accounts — these are primarily the province of the well off. Ownership of equities is heavily concentrated in the hands of the wealthiest Americans. Start with the top 1%: They own about 38% of the stocks (by value) in the US. The next 19% owns almost 53%.

That leaves the remaining 80% of American families with less than 10% stake in the stock market (See Federal Reserve’s Z.1 Flow of Funds report for the most recent info).

How is THAT going to cause a wealth effect? Especially when you consider the median family’s stock portfolio is worth well under $50k. These are the millions of families who are the principle consumers of cars, food, clothing, electronics, energy, health care, etc. To them, a rising stock market is nearly meaningless.

The biggest investment for the typical American household remains their home, with a median value of ~ $200k.  Put 20% down, and you see a 10 to 1 leverage. The impact of Real Estate on any wealth effect is much greater than the stock market.

Additionally, in a recent New York Times article titled, Gloom Grips Consumers, and it May Be Home Prices, the newspaper pointed out how conventional wisdom related to the wealth effect is changing…

That has led a growing number of economists to argue that the collapse of housing prices, a defining feature of this downturn, is also a critical and underappreciated impediment to recovery. Americans have lost a vast amount of wealth, and they have lost faith in housing as an investment. They lack money, and they lack the confidence that they will have more money tomorrow.

“People don’t expect their home to regain value, and that’s really led to a change in consumer attitudes about the economy that we’ve just never seen before,” said Richard Curtin, a professor of economics at the University of Michigan who directs its Survey of Consumers.

Economists have only recently devoted serious study to how a decline in housing prices affects consumer spending, not least because this is the first decline in the average price of an American home since the Great Depression.

And yet, even in the face of such overwhelming evidence that the wealth effect is not tied to stock market gains… Federal Reserve Chair Ben Bernanke, writing an op-ed column for The Washington Post on November 5, 2010, titled, Aiding the Economy: What the Fed Did and Why, demonstrated that his beliefs about the wealth effect are wrong…

… higher stock prices will boost consumer wealth and help increase confidence, which can also spur spending. Increased spending will lead to higher incomes and profits that, in a virtuous circle, will further support economic expansion.

So, it should come as no surprise whatsoever that Bernanke’s quantitative easing and myriad of other lending and spending programs, while they have propped up the stock market and allowed the rich to get richer still, they have had little or no impact on the real economy.

And economist Dean Baker, in his 2010 paper on the Impact of the Housing Crash of the Wealth of Baby Boomers, has the following to say…

“The collapse of the housing bubble and the resulting plunge in the stock market destroyed more than $10 trillion in household wealth. The impact was especially severe for the baby boom cohorts who are at or near retirement age. Using data from the Federal Reserve Board’s 2007 Survey of Consumer Finances to compare the wealth of baby boomers just before the crash with projections of household wealth following the crash, projections show that most baby boomers will be almost entirely dependent on their Social Security income after they stop working.”

The words of Hernando de Soto on today’s economic crisis…

Consider the words of one of the world’s leading economists, Hernando de Soto who has been hailed as an innovator who could help reinvent the future of the global economy.  He is the author of “The Other Path” and “The Mystery of Capital,” is the director of Peru’s Institute for Liberty and Democracy and a champion of market economics and property rights.

The following has been excerpted from an interview with Hernando de Soto on Radio Free Europe on October 28, 2011… “Recession is a Matter of Knowledge.”

If the real problem was the contraction of credit due to lack of money, then the huge injection of legal tender via quantitative easing and bailouts, and financial rescue packages…should have spurred the economy.

It’s been four years since 2007 and none of the usual recession remedies have actually worked. This is because people are simply not lending. And why are they not lending? Because nobody really knows who is broke, who is a risk, and where the opportunities are.

When credit contracts, which is what is happening in the West today — private credit contraction – the result of that is, of course, less investment, less credit, which means less production, which means more unemployment, which means the fall of prices of things, which means the loss of confidence.

And then you go back to complete the vicious circle, which makes credit contract even more as a result of less there is less enterprise, less employment, etc. That’s the vicious circle we are in.

Whether you are looking at records of derivatives, whether you are looking at balance sheets, whether you are looking at any accounting that has to do with fair market prices — in other words, reflecting what the value of your goods is according to what price they can fetch on the street instead of what you yourself may consider would be a just price — we really are flying blind.

And that blindness is what is stopping people from believing each other because credit comes from credibility. The reason is basically an enormous collapse of confidence, which will not reappear until the books start saying what people really have in their pockets.

What the West is afraid of is that there will be a run on the banks.

Why don’t they change it? And my reply to that is that at this time, they are so afraid that if they do give the knowledge it will be obvious in a matter of days which banks can’t pay their debts. And then, what the West is afraid of is that there will be a run on the banks. That’s why, when this crisis first came on, many people said, “Well, let’s find a way of telling the public that those who have savings in the bank will be protected — through insurance or whatever it is — so that everybody understands that they are in safe hands.”

We can expect political turmoil. There is no way that you can bring down the incomes and the welfare of millions of people throughout the world without you getting severe protests.

So we are obviously going to go through very big political transformations and we are going to have to make terrible adjustments until we are able to get back to reality. And always this has political consequence. And that is why it is so important that we make the corrections as soon as possible and that politicians with courage are able to tell us how we can make those corrections without blaming the neighboring countries for having done all the harm. Otherwise, like in the 1930s, we are going to open the whole situation to conflicts, social wars, and transnational wars.

I think that there is no way that you are going to avoid a collapse. The question is, are you going to be able to do it with a soft landing with governments in control, or whether it is going to be a hard landing.

In terms of whether we can survive with the existing system with just a little bit of quantitative easing, with just a little bit of bailout and rescue packages — that, I am convinced, will not work.

The English language may be Hernando de Soto’s second, but I just can’t imagine anyone saying what needs to be said any clearer than that.  So… Amen to that, Mr. Hernando de Soto.

The cost of foreclosures to our society…

It shouldn’t be difficult to imagine that the foreclosure crisis is having a devastating effect on our society monetarily and otherwise, however, until recently it was difficult to quantify these effects, beyond lost equity, in monetary terms.  We all need to recognize that the unacknowledged victims of the foreclosure crisis are those who haven’t lost homes to foreclosure, but nonetheless are paying the price that foreclosures impose on all of our communities.

The Massachusetts Alliance Against Predatory Lending (“MAAPL”) and the Harvard Legal Aid Bureau published a report in June of 2011, titled: VACANT SPACES – The External Costs of Foreclosure-related Vacancies in Boston.” The report presented findings from a comprehensive and very well documented study of only three specifically quantifiable costs paid by the public-at-large that result from foreclosure-related vacancies in the City of Boston:

  • The costs of securing vacant homes.
  • The costs associated with the increased crime caused by vacant homes.
  • The drop in property values and property tax revenues for whole neighborhoods when a nearby house goes vacant.

The Vacant Spaces study concluded that, “a single foreclosure costs Boston and its citizens somewhere between $157,058 and $1,028,862.”

When you break it down, here’s what it looks like for the citizens of Boston:

  • Taxpayers lose $20,723 to $32,053 per vacancy (Based on a 22 percent reduction in value when sold after foreclosure.)
  • Crime victims lose $12,813.
  • Criminal investigations, trials and incarcerations cost $16,316
  • Homeowners lose equity totaling $157,058 to $1,028,862.

And this is in addition to the costs to families losing homes to foreclosure.  The study showed that if every one of the 821 foreclosure deeds filed in the City of Boston last year created a vacancy, the cost to the city would have been $844,695,702… almost a billion dollars.  Unquestionably, the foreclosure crisis’ impacts are many and varied reaching far beyond the lives of those losing homes.

The “Vacant Spaces” report concludes by saying the following:

This decrease is multiplied by vacant properties’ impact in terms of appearance, health issues, increased crime, potential of fire, loss to the fabric of the community by instability, the loss of the families to the fabric of community institutions and schools. The loss in property values then contributes to the negative equity of surrounding homes and people’s inability to sell and move from homes now underwater when they need to for economic reasons. Fold in the stress and specter of homelessness and need to move, the initial foreclosure can cost residents their jobs and health.

This collateral damage impacts local spending, the local economy, small businesses, and jobs. Additionally, the loss of property values and primary tax base becomes a body blow to municipal governments and services. Perhaps equally or more importantly, services and finances of municipal governments are taxed as they try to manage foreclosed, usually ignored and frequently vacated, properties.

These strain inspectional services and increase negative health consequences, issues of upkeep and appearance of properties and degradation of vacated properties. Vacancies in turn lead not only to property related crimes, but significantly increase violent crime, the dangers of fire and such health hazards as vermin, mold and mildew, and neglected pools that breed mosquito populations.

This crisis impacts the entire economy, the revenues and costs to all levels of our governments and ultimately all of us as taxpayers and participants in an economy we need to recover.

Another report prepared for the Commonwealth of Massachusetts shows government forecasts have been 100 percent wrong…

A subsequent MAAPL report, published in October of 2011, and titled: “Foreclosures: Denying Massachusetts an Economic Recovery,” went even further by showing that the Congressional Budget Office’s (“CBO”) forecasts of the fiscal impact of foreclosures on the State of Massachusetts, have all been wrong by a factor of 100 percent.  The actual numbers have consistently come in twice as high as the CBO’s forecasts.

A CBO report published in 2007, forecasted that the loss in Massachusetts’ property values would be about 7.88% between 2007 and 2009.  But, a study by the Warren Group in 2011 showed that the actual property value loss in Massachusetts was roughly 20%.  And that means estimates of the multiplier impacts on household spending were significantly underestimated, as well.

As stated in MAAPL’s October report:

The figure from the CBO’s report, Housing Wealth had come out to a loss of about $2B per month from our state economy. Multiplied by what may yet turn-out to have been a conservative coefficient, our new figures using the actual loss in property values of about 20% puts that figure at slightly over $4B per month from our overall state economy. That is the loss of spending by regular people whose spending drives 70% of our economy.


These two studies together show that the devastating impact on our economy is far beyond what gets captured by looking at simple job losses and implies that going forward we should not be overly conservative about the ongoing impact of the foreclosure crisis.

Why the forecasts were so terribly wrong…

MAAPL’s October report also explained why forecasts have been proven so incredibly inaccurate.

Most of the research available to look at the impact of the foreclosure crisis was done early in, or even before this foreclosure crisis became full-blown. It measured the impact of what we would now consider occasional foreclosures, or reached all the way back to the more limited foreclosure crisis of the early 1990s.

The statistics that these reports were based on show a gross underestimate of the real impact of the foreclosure crisis.

In addition, the interactive impact of all of these negative financial and social effects was not apparent when the number of foreclosures was smaller. In updating research for our Commonwealth, there is also the potential, even though we are now inserting the actual figures for property loss, for instance, that we are still yielding an underestimate of the actual impacts of the foreclosure crisis; the multipliers before the worst of the crisis may also have been too small.

Now recognized as underestimates, the statistics from those early studies were already so large and predicting such devastation that they were hard for policy makers to swallow.

Yet if we have learned anything from the last few years it is that our tendency to want to make very conservative estimates and shy away from the potential far-reaching impacts of the foreclosure crisis has not helped us. In fact, underestimates may have hurt our ability to act at the policy level in a timely way to even ameliorate the worst harms from this foreclosure crisis.

A stereotype being reinforced by those who benefit from blaming borrowers…

The idea that foreclosures are the result of people having bought homes they could not afford has its natural roots in two places.  The first was the result of a certain kind of jealousy that many who did not buy homes during the bubble had started to feel by 2005 as they drove around their neighborhoods seeing newer and bigger homes going up all around them.  Their inner voices had started to wonder how it was that they had apparently fallen so far behind their peers.

When the bubble started to deflate in 2006, many started to feel that they had missed the train that had now left the station, and they questioned themselves… had they been too risk averse?

A year and a half later, however, the credit markets had frozen and the free fall in housing prices had begun in earnest… with the number of foreclosures now making national news… the media called it a “sub-prime crisis,” one caused by “irresponsible sub-prime borrowers,” and those that had questioned their own decisions not to buy or borrow during the bubble found easy vindication.

“Ah ha!” they said to themselves.  “It wasn’t me after all.  I didn’t fall behind after all.  I was actually prudent… smarter… more responsible than the others.  Well, they made their bed, now they must be punished and lose those homes.”

This group of people were quite happy that home prices were now falling, with the clear implication being that when prices fell far enough, they would be able to swoop down from their perches of responsibility and buy up all the bargains… and then they would be the rich ones, they would reap the rewards of their superior decision making during the bubble… Bwhahahahaha!

These people didn’t consider that when the water goes down in the harbor, so do all the boats.

The most famous person from this group became so well known only after he shouted from the trading floor at the Chicago Board of Trade…

“This is America!  How many of you people want to pay for your neighbor’s mortgage that has an extra bathroom and can’t pay their bills?  Raise their hand.” The traders around him began booing loudly. “President Obama, are you listening?”

Do you remember who that was?  It was CNBC’s Rick Santelli… the man who started the Tea Party movement in this country by decrying government bailouts, and branding homeowners who were struggling financially, “losers.”  In an interview with the Chicago Sun-Times, Santelli called his televised and highly emotional rant, “the best five minutes of my life.”

There’s another factor that makes the “irresponsible homeowner” stereotype so easy for those not yet affected by the foreclosure crisis to accept.  It’s a cognitive bias, meaning it affects how we’re predisposed to think, and behavioral economists would refer to it as “the just world hypothesis.”

You see, especially in this country, we all very much want to believe that we live in a just and fair world… it makes us feel relatively safe.  As a result, when we see something bad happen to someone else, we look to believe that they did something to deserve or at least cause their misfortune to occur.

For example, when someone tells us about someone diagnosed with cancer, we’re prone to ask whether they were smokers, or whether they were healthy eaters, or whether they were overweight or exercised enough, or whether cancer runs in their family.  We’re trying to attribute the cancer to something about the person or what the person did to the the diagnosis.  If we can’t make such a connection, we may still believe there must have been something that caused it to happen.  In simple terms, random hardships are scary.

It follows, therefore, that when we hear of people losing homes to foreclosure, we want to believe that they did something to make such a thing happen.  And so when we hear someone on television say that they borrowed irresponsibly, we accept it without questioning whether it makes sense, because we want it to be the case.

Perpetuation of the stereotype is no accident…

Why is it that certain individuals are trying to spin the story of the financial and foreclosure crises?  Barry Ritholtz, writing in the Washington Post for Bloomberg on November 5, 2011, offers the following explanation in an article titled, “The Big Lie Goes Viral.”

“Some are simply trying to save face. Interest groups who advocate for deregulation of the finance sector would prefer that deregulation not receive any blame for the crisis.  Some stand to profit from the status quo: Banks present a systemic risk to the economy, and reducing that risk by lowering their leverage and increasing capital requirements also lowers profitability. Others are hired guns, doing the bidding of bosses on Wall Street.”

So, the ongoing perpetuation of the “irresponsible borrower” stereotype is not accidental, it’s a coordinated and highly sophisticated communications initiative being implemented by motivated experts.

The homeowner side of the fight, on the other hand, is comprised of individual homeowners and a relative handful of attorneys, each engaged in individual battles to save their own homes… along with a growing number of journalists and independent bloggers who appear to be sharing the same audience.

On the homeowner side of the fight, nothing is organized.  And as a result, the stereotype of the “irresponsible homeowner” remains safely ingrained, and with over 3,000 homeowners being evicted every single day, 365 days a year, homeowners are losing the war.

It’s true that in the past year, more court decisions are favoring homeowners, but 3,000 people being evicted as the result of a foreclosure every single day of the year means the banks are still securely driving the foreclosure bus, and they’re not nearly as worried about a decision in Massachusetts or Ohio as some would like to think.

Santelli’s rant in the Oval Office…

Here’s what President Obama said just a month after his inauguration during his speech on February 18, 2009, introducing his Making Home Affordable plan, which was to save roughly 8 million homes from foreclosure through a combination of refinancing and loan modification.

But by making these investments in foreclosure prevention today, we will save ourselves the costs of foreclosure tomorrow – costs that are borne not just by families with troubled loans, but by their neighbors and communities and by our economy as a whole.

President Obama (2009) introducing his Making Home Affordable Plan

However, recently Ezra Klein wrote two articles for the Washington Post after having interviewed Obama Administration insiders, and he explained how Rick Santelli’s ill-conceived and insensitive rant spread so far that it actually exerted influence in the Oval Office.  Among the many important insights Klein gleaned from his interviews, as to why the administration didn’t do more to stop foreclosures he said…

“On first blush, there are few groups more sympathetic than underwater homeowners or foreclosed families. They remain so until about two seconds after their neighbors are asked to pay their mortgages. Recall that Rick Santelli’s famous CNBC rant wasn’t about big government or high taxes or creeping socialism. It was about a modest program the White House was proposing to help certain homeowners restructure their mortgages. It had Santelli screaming bloody murder.”

“Ultimately, concerns about the politics and policy questions behind widespread debt forgiveness were sufficient to scare the administration off of the policy.

Klein also quoted White House labor economist Jared Bernstein…

“Moral hazard is a big problem when you’re making policy regarding write-offs and principal cramdowns. It was always in the room when you were trying to help one underwater homeowner write off some debt while the person next door was playing by the rules and paying their mortgage every month. But with hindsight, I might have argued more rigorously against the risk of it.”

Klein also says the following about the administration’s handling of the housing crisis…

“The Obama Administration has mishandled the foreclosure crisis badly, and members of the administration both know it, and regret it.”

They may very well regret it, but obviously the degree of regret they’re experiencing has not yet risen to the level that they feel compelled to do anything to change it.

We need to shatter the “irresponsible homeowner” stereotype in order to protect our standard of living…

Throughout much of the last century, movies portrayed African-Americans as being unintelligent, lazy, or violence-prone.  These stereotyped images encouraged prejudice against African-Americans throughout our society, which led to widespread discriminatory practices and the continuation of “Jim Crow” laws in the South for decades longer than might have otherwise been the case.

Even today, many studies still indicate that African-Americans convicted of first-degree murder have a significantly higher probability of receiving the death penalty than do whites convicted of the same offense.

And African-Americans in this country still face discrimination in housing, employment, and education, are still victimized by insurance red-lining, and terrorized by white supremacists  who maintain that their own race is superior to all others.

Stereotypes can be immeasurably destructive…

We develop stereotypes when we are unable or unwilling to obtain all of the information we need to make fair judgments and accurate assessments about people or situations.  When stereotypes are unfavorable they often lead to unfair treatment, discrimination and persecution.

Quite often, we have stereotypes about people who are members of groups with which we have not had any firsthand contact.  And, sometimes stereotypes develop when the isolated behaviors of a small number of people in a group are viewed as representing the behaviors of all members of that group.

Such is the case with today’s stereotypical “irresponsible borrower.”

Scapegoating is the practice of blaming a group for the failure of others. It is not uncommon that a group is blamed for the mistakes or crimes of others, especially when the blame is being placed on a group unable or unwilling to defend themselves against the charges.

Minorities are often the targets of scapegoating, and today’s homeowner in financial distress, as minorities go, makes for an easy target.  Those in the majority are more easily convinced about the negative characteristics of a minority with which they have no direct contact, and homeowners at risk of foreclosure live in a sort of self-imposed isolation, bound by shame and fear, and capable of vacillating between unreserved sadness and unqualified rage.

Quite often, they tell no one of their situation, quietly enduring inconceivable stress for years, in some cases, and ending up afraid to answer the phone or even go outside, in the most extreme examples.  Some have described their time spent at risk of foreclosure as being akin to spending that time in solitary confinement.

When a minority is blamed for some social ill, violence, persecution, and in the most extreme examples, genocide can result.  In our history, unemployment, inflation, food shortages, disease, and crime in the streets are all examples of social ills that have been blamed on scapegoats comprised of various minority groups.

Today’s stereotypical “irresponsible borrower” is being made into the scapegoat for the financial and foreclosure crises.

Demagogues exploit latent beliefs, fears, emotions, vanities and expectations of the public to achieve their own political objectives.  They depend upon propaganda and disinformation.

Most demagogues achieve their success because people want to believe that there is a simple cause of their problems.  Through the use of propaganda, persuasive arguments are made that one group is to blame for problems being faced by the majority.

Wall Street’s bankers are today’s demagogues…

However, as a population becomes more educated, it becomes much more difficult to sway public opinion with propaganda, and in a society where access to information is not restricted, it is ultimately impossible for demagoguery to sustain itself for very long.

Revisionist history, brought to you by the American Bankers Association…

In 2009, Edward L. Yingling, the President and Chief Executive Officer of the American Bankers Association, testified in Congress related to the then proposed Consumer Financial Protection Bureau.  I wrote about it at the time, including quoting from Mr. Yingling’s testimony as follows:

“It is now widely understood that the current economic situation originated primarily in the largely unregulated non-bank sector.  Banks watched as mortgage brokers and others made loans to consumers that a good banker just would not make and they now face the prospect of another burdensome layer of regulation aimed primarily at their less-regulated or unregulated competitors. It is simply unfair to inflict another burden on these banks that had nothing to do with the problems that were created.”

Yes, you read that correctly, he said that the banks had nothing to do with the problems that are generally referred to as the worst financial and economic meltdown since the 1930s.  The bankers had nothing to do with what happened that brought an end to Wall Street’s investment banks.  The cause of our economic calamity, to listen to the financial services industry, was primarily irresponsible borrowing with a side order of unethical mortgage brokers.  The bankers were entirely uninvolved… victims of the crisis, more than anything else.

Lest you think that I am overstating the situation, consider what Bethany McLean, the financial reporter that broke the ENRON story, and more recently the co-author along with Joe Nocera of the book on the financial crisis, “All the Devils Are Here,” had to say when she appeared on PBS’ NOW with David Brancaccio to talk about the attitudes on Wall Street.

“I think there is still the attitude that it is the fault of American borrowers for borrowing beyond their means, for homeowners for moving into homes they couldn’t afford, and all Wall Street did was package this stuff up and sell it to investors around the world… that they are the least of the villains, rather than the greatest of the villains.”

The problems with this version of the story is that if I’m to believe that the bankers had nothing to do with causing the crisis, then I also have to believe that they made literally hundreds of billions of dollars completely by accident.  I mean, the bankers did awfully well by any standard over the last few years, but if they didn’t have anything to do with what happened, then they did incomprehensibly well… I mean like single ticket holder in the Powerball lottery 10 days in a row type well.

The bankers had nothing to do with it… like as if Lloyd Blankfein over at Goldman Sachs looked at his computer screen one day and sais, “Sonofabitch, will you look at what’s going on here… who would have ever thought this would happen… Woohoo… we’re rich betches!”  And then he went dancing around Goldman’s headquarters kissing everyone, male and female, on the mouth.  The bankers had nothing to do with it… sell it somewhere else…

The banking industry public relations machine gave us the myth of the “irresponsible sub-prime borrower.”  It never was a “sub-prime” crisis, if you recall earlier in this article, Professor Liebowitz’s study of 30 million mortgages in 2009 showed that 51 percent of foreclosures were prime loans, not sub-prime.

But, we are allowing the post-crisis story to be told almost entirely by those responsible for the crisis.  And as long as we allow this to go on, the “irresponsible borrower” stereotype will remain alive in the minds of tens of millions of Americans, our politicians will lack the political support to do anything to mitigate the damage being wrought by foreclosures, our economy will continue to ratchet down year after year for perhaps decades… and the standard of living of our children will have will be nothing like ours.

And that’s capable of bringing me close to tears if I think about it too long, until I start to get really mad, and then all I can think about is kicking the crap out of Rick Santelli in a Chicago parking lot on national television.  (And if you don’t think I’d do it, given the opportunity, then you don’t know me at all.)

We need to get organized, at least around this one thing…

Already, our nation’s official poverty rate in 2010 was 15.1 percent… up from 14.3 percent in 2009, which was the third consecutive annual increase.  And in 2010, there were 46.2 million people in poverty, up from 43.6 million in 2009, which was the fourth consecutive annual increase and the largest number in the 52 years for which poverty estimates have been published.

How much longer do you want to wait before we get organized and do something about shattering this stereotype that is causing unconscionable suffering and preventing a national catastrophe from being addressed?

Susan Wachter, professor of real estate at the University of Pennsylvania, fears that foreclosures and tight credit could send home prices falling to the point that millions of families and thousands of banks are thrust into insolvency.

“Homes are different than other goods and services,” she says. “The fragility of our banking system is tied to the value of homes.  If we have another 20% decline in prices, we’ll need another bailout of banks similar to what we just did,” Wachter says.

Another banking bailout?  Well, that certainly sounds like the end of the world to me.

Economist Dean Baker, at the Center for Economic Policy Research in Washington, D.C. says that, “If housing prices don’t stabilize, financial troubles could spread everywhere — to credit cards, car loans and commercial mortgages.  The waves of bad debt will just keep coming.  An out-of-control price collapse would have dire consequences.”

Baker wants the U.S. government to take aggressive steps to help underwater homeowners, not just financial institutions.  He supports the significant expansion of programs that restructure troubled mortgages.

According to Baker…

We have more than 25 million people unemployed, underemployed or who have given up looking for work altogether in this country. One might think that Congress would convene a supercommittee to get people back to work rather than figuring out a way to undermine programs that people need, but it’s the 1 percent that pay for elections, not the 25 million workers suffering from their greed and incompetence.”


“Politicians pushing right-wing positions in public debate now operate with the assumption that they can get away with saying anything without getting serious scrutiny from the media. That is why right-wing politicians repeatedly blame government regulation for the failure of the economy to generate jobs. Even though there is no truth whatsoever to the claim, right-wing politicians know that the media will treat their nonsense respectfully in news coverage.”

So, here’s what Abigail Field and I need from you…

Homeowners… I know you’re stressed and busy and overwhelmed.  And I know you don’t know what’s going to happen next and if you’re not scared to death these days, then you’re not breathing.  But you have to do more.

At the very least, we when you see an article that’s intended to shatter the stereotype of the “irresponsible borrower,” like this one for example… don’t just read it… forward it to people you know that aren’t at risk of foreclosure.  Post it on your Facebook page… email it to your congressional representative… If you’re a member of an online group, post it there too… for God’s sake, drop copies of it from your helicopter, if you have a helicopter.  Help spread the message far and wide.

Bloggers… We don’t compete with each other, Abigail and I write articles, we don’t sell advertising, so cross post this article and ask your readers to send it to everyone they know.  And get in touch, because we’re building a list of “thought leaders” and we need your name and contact information on that list.

That way, when we produce an article or research report intended to address the “irresponsible borrower” stereotype, we can email it to you so you know to post it.  We need to get this one message out as far and wide as possible.

Lawyers and other industry professionals… You have Websites and blogs, but more importantly you have clients you talk to everyday that are a part of this fight.  I know how busy you are, but I need you to spend the extra 10 minutes it takes to not only post this and other articles to come, but to tell your clients about what we’re doing over here… tell them to read it on Mandelman Matters or on your site, or anywhere else for that matter.

It’s all going to come down to how we handle ONE thing… the “irresponsible borrower” stereotype.  Oh, I know it’s going to change eventually, but we can’t wait until eventually… we need to do it this coming year… a year that politicians are paying attention.

Because otherwise, and this much should be clear to all of us… we will lose… and lose BIG… and the truth of the matter is that WE… the people… WE’RE TOO BIG TO FAIL!

Thanks for reading me… whew, that was exhausting…

Mandelman out.

Nov
10

Elijah Cummings, the Homeowner Crusader

Elijah Cummings, the Homeowner Crusader For President Barack Obama, fixing the collapsed housing market may be a part of political calculus, a key factor in winning a second term. For Rep. Elijah Cummings (D-Md.), the fight to keep people in their homes and out of foreclosure is a personal mission. “I feel it just sitting … Read more Related posts:
  1. Rep. Elijah E. Cummings Seeks Bank Subpoenas on Fraudclosure Crisis
  2. Spooky Letter | Rep. Elijah Cummings Seeks Records and Documents Relating to Steven J. Baum’s Foreclosure Practices AND its Halloween Party
  3. Cummings Seeks “Engagement Letters” Due Today Between Mortgage Banks and Private Consultants
Nov
09

The US’s Missing Housing Policy

The United States has no housing policy. And there's none on the horizon either. That's a scary thing, given the centrality of housing to domestic economic woes.  

Once upon a time, the US had a housing policy. It was focused on increasing homeownership. It might have been a misguided policy or at least a policy taken too far, but it was a policy and everyone understood that. It meant that programs were designed to work toward that goal.

Today, 4 years into a housing crisis, we still have no housing policy. There's no plan to clean up the legacy of the housing bubble and no plan to build the future of housing finance. This sad state reflects a singular failure of political leadership.  It also reflects a deeply fragmented housing finance world in which no one is in a position to call the shots. 

Legacy Issues

Let's start with the legacy problems, namely the foreclosure crisis and the collapse of home prices. The Administration has never really figured out where it stands on these issues. It makes nods to the need to fix the housing market as part of economic recovery, yet it has assiduously avoided confronting the foreclosure crisis and housing price collapse as a macroeconomic issue. Instead, it has come up with a stream of poorly integrated, small-bore programs that it has greatly overhyped, even as the programs under-deliver. This is HAMP, HARP, FHAShortRefi, etc. 

HARP 2.0 and the proposed multi-state foreclosure settlement don't even qualify as manque housing policy. They are just continuations of the small-bore approach. The reason it feels like there is no plan is because there is no plan.  The problem here isn't just that people are losing their houses. It's that we've lost control of the ship. We've lost a policy vision. 

Why this non-commital approach? Because there is simply no way of dealing with the legacy problem without dealing with negative equity, and that means forcing loss recognition somewhere in the system, either on banks or on taxpayers. That's a painful move politically, and the Administration has kept trying to avoid manning up to the problem. As a result, it looks a lot like Greece, where there's lots of energy spent denying the inevitable. From a good government perspective, however, it's horrendeously irresponsible. 

So who is calling the shots? I was just on a panel about this at the fabulous AmeriCatalyst housing conference, and it is painfully obvious that no one is calling the shots. The ship is rudderless on housing. Part of this is because of the fragmented administrative authority.  HUD would seem to be the go-to office, but HUD's authority is over FHA and VA and Ginnie Mae, all a limited part of the market. FHFA has authority over the GSEs, but it is as a receiver, and the FHFA Director is an acting director and a career civil servant. The prudential bank regulators each have their own sphere and they aren't interested in housing policy. They are interested in the safety-and-soundness of their regulatory charges. Treasury and the Fed would both seem to have a macro-view of the world, but neither is really expert in housing. Prior to 2008, Treasury had never done anything with housing, while the Fed has only ever approached housing in terms of interest rate manipulation and as a bank regulator. The Council of Economic Advisors and the Domestic Policy Council in the White House would seem to be places where one would find a larger cross-market view and a policy focus, but they aren't staffed with "housies". There's no one in a position to see the whole market and with the expertise and authority to craft a policy.  One of these entities could step forward to try and take some leadership, but the personalities just don't seem to be there for that to happen. Instead, housing policy on legacy issues is being made one case at a time in the courts with foreclosure suits. Is that how a national market should work?

One suggestion has been for a national "foreclosure czar".  The right person in such a job could help corral the various disparate interests at play, but I would not be overly optimistic. A foreclosure czar would have a convening power proportionate to his or her personal prestige, but no ability to impose a policy vision. The leadership here needs to come from the White House, I think, but it hasn't been forthcoming. 

Future of Housing Finance 

We also have no plan for the future of housing finance. There are several well-developed future of housing finance plans circulating (including one from the Center for American Progress's Mortgage Finance Working Group, of which I am a member), but that proposal is just a proposal. It isn't policy. We've gotten a non-committal set of options from Treasury and HUD, but haven't seen things move beyond that.

In fairness to the Administration, the lack of forward-looking housing finance reform isn't solely its fault. Housing finance is a political 3d rail. There's deep, deep ideological divide on the solution, and the hybrid public-private nature of the past system has given everyone ammo for their position.

The ideological right blames everything on the role of government in the system and wants to privatize, damn the torpedos. Never mind that there isn't the private-risk capital in the world to support our $6T in securitized residential housing assets.

There's a left position that wants to see something more like nationalization or at least a very prominent government affordable housing role.  And then there's the non-engaged left, that just doesn't give a damn about the future of housing finance. In their view, the ability of homeowners to buy a house in 10 years doesn't matter much when people are losing their houses today. 

There's a fair amount of consensus on the big picture between the craven right and the moderate left that there needs to be a continuation of the public-private system in some form, but no consensus on the details. The extremes on both ends of this debate have prevented the moderate consensus from solidifying or advancing, at least until after the 2012 election. 

Is There a GOP Alternative?

So if the Administration doesn't have a housing policy, do any of the GOP contenders?  No, sadly. Watching the GOP debate this evening, it was clear why none of the candidates has emerged as a front-runner:  none of them are ready for prime time. Romney seemed a notch or two more polished than the rest (he also looked like he just got off the red-eye), but it was hard to ignore the pointed question posed to him about why his 59 point economic plan has nothing on housing. The response that it's a "jobs plan" not a housing plan just underscored that he doesn't have any ideas on how to address the elephant in the room for the economy. If he had a housing plan, that was the time to present it. 

Oct
25

Mainstream media waking up to foreclosures being a big problem – And by big problem, I mean Geithner

Includes the song, “They Are Both Clowns,” sung to the tune of, “Send in the Clowns.”

Well, golly gee… will you look at what’s going on in the media these last few days.  Apparently the foreclosures, free fall in housing prices and growing number of underwater mortgages, combined with an unemployment problem that’s even scaring the wealthy at Goldman Sachs, is apparently… possibly… maybe… they’re not quite sure, but it could be a problem.

This past weekend, Zachary A. Goldfarb, writing on hos Washington Post/Bloomberg blog wrote that Obama’s efforts to aid homeowners and boost the housing market have fallen short of their goals.  Really, Zach?  Pray do tell.

Zach points out that Obama promised to help save 9 million homeowners from foreclosure, but guess what?  He didn’t.

Zach says that, “nearly three years later, it hasn’t worked out.”  Ooopsie.  Sorry about that.  Not only that, but Zach has apparently learned that Obama has spent just $2.4 billion of the $50 billion he promised to devote to fixing things in the housing market.

Let’s see… if I’ve got my numbers right, that would be less than 5 percent… Obama spent less than 5 percent of what he said he’d spend on the foreclosure crisis.  And this from a president under whose watch the national debt increased by $4 trillion… the most rapid increase in our national debt of any president in U.S. history.

Of course, Obama blames policies he inherited, and there’s certainly some truth to that.  Two wars, a prescription drug program for seniors, tax cuts, the Great Recession, unemployment insurance payments, subsidies to farms and funding of infrastructure programs that were part of his stimulus programs, and a decrease in tax revenues resulting from… well, the recession again.

So, Zach goes on to say that Obama’s programs have helped on 1.7 million people, so that would mean that he only missed his goal by a little over 80%.  And with that, Zach points out:

“Housing prices remain near a crisis low. Millions of people are deeply indebted, owing more than their properties are worth, and many have lost their homes to foreclosure or are likely to do so. Economists increasingly say that, as a result, Americans are too scared to spend money, depriving the economy of its traditional engine of growth.”

Well, Holy Mackerel Zacheral, what’s a girl to do?

About the administration, he explains that:

“They consistently unveiled programs that underperformed, did little to reduce mortgage debts owed by ordinary Americans and rejected a get-tough approach with banks.”

Ooooh, that sounds pretty bad, Zach.  I sure hope the 7.3 million people that Obama didn’t help after promising that he would don’t find out about all this.  ‘Cause they sure could be miffed, I’d say.  And not only that, but since the nine million promise was made three years ago, and since nothing has worked or gotten better since then, why there might be even more than that in need by now.  Ya’ think, Zach?

And, guess what else Zach has figured out…

“Doing more to address the housing crisis may be crucial not only for an economy flirting with another recession but also for a president running for reelection.”

Whoa, there Zach… let’s not get carried away here.  You don’t mean to say that you’re thinking that some of those 7.3 million plus people might be voters, do you?  Good God, man… do you realize what you’re saying?  Why didn’t Obama win the presidential election 2008 by 9,522,083?  Why there could be that many who are kind of… just maybe… a tad upset with Mr. President.  Oh, this is not good news, is it Mr. Zachary Goldfarb?

Zach even takes notice that the president’s absolute failure to do anything right, as far as foreclosures are concerned, “has caused a rift” with the president’s “political allies,” including “black and Hispanic groups” whose members, Zach explains, “have been disproportionately hurt by the (foreclosure) crisis.”

See, I’ve gotta’ say something here.  I think Zach just pointed out something very uncomfortable here.

Since the people we don’t want to “bail out” are considered irresponsible borrowers.  And since blacks and Hispanics have been disproportionately hurt by the foreclosure crisis, doesn’t that say that black and Latinos are more irresponsible than white homeowners.  Yes… I think it does.

Well, I’m glad we got that settled once and for all.  I guess banks should start charging them more just because of their skin color, right?  Wow… the bankers are going to love this.

Zach goes on to say that Peter Orszag, the former White House economic advisor, you know… the one who headed up the Congressional Budget Office before splitting for a gig at Citibank… well, Peter apparently says that the administration “underestimated how much the nation’s massive mortgage debts would weigh the economy down after the financial crisis.”

Here’s what Orszag apparently told Zach:

“A major policy error has been to put too little weight on the long, hard slog following a financial slump.  That leads you to being much less bold with housing.”

Now, I don’t have a doggone clue what Mr. Orszag means by that, and I read the damn sentence three times.  But, no matter… you know what that makes Mr. Orszag, in terms of an economic advisor?  Why that makes him a moron, Mr. Zachary Goldfarb.

Now, Zach also talked to Treasury Secretary Tim “Transparency” Geithner, and Tim says that the administration did all that it could… under the circumstances.  As Zach put it…

“Spending large amounts of taxpayer money to bail out some homeowners — but not necessarily their neighbors — carried huge political risks and faced opposition in Congress.”

Well, sure it did… after all, how can you help the irresponsible ones without pissing off the responsible ones, right?  Everyone understands that.  The only fair thing to do is to let them all go straight down the drain together.

According to Treasury Secretary Geithner…

“We tried to operate at the frontier of what was possible and have continuously expanded and refined our programs in an attempt to reach as many homeowners as possible.  We do not believe that there were feasible alternatives available to us within our authority that were better.”

Well, okay then.  They did the best they could, so everybody stop your whining.  Heck, they could of not even spent the $2.4 billion, and then look where everyone would be.  Be grateful they spent less than 5 percent of what they promised, you’re lucky you got that much.  They did all they could.

You can’t expect Obama to risk his popularity with all those responsible borrowers who lived next door to the irresponsible ones.  I mean, look how popular his is with homeowners now?  You wouldn’t have wanted him to screw that up now would you?  Of course you wouldn’t.

Lucy, you got some ‘splainin’ to do…

Zach provides us with a glimpse inside the inner workings of the Obama Administration, and this is exactly the kind of stuff I love these Washington Post guys for… get this… according to Zach, and for this he deserves to be called Mr. Goldfarb…

“Obama has rarely spoken publicly about his frustrations with the housing crisis, but in a private meeting with his advisers at the White House in December, his concerns boiled over. The president opened the meeting by saying how he had received letters from homeowners warning about problems with his housing programs. He pointed out that he had been assured by his advisers that banks would be able to step up, according to two people who attended.”

Ooooo… someone’s in trouble.  Can’t you just see Geithner sitting there, turning red, and thinking: “How the f#@k did those f#@king letters get to the president.  I expressly said no f#@king letters from the outside were to get through to the f#@king president.”

“But at the meeting, he said he was now frustrated to learn, by way of a conclusive new federal review, that banks were not providing required relief to many borrowers.”

“He was clearly disappointed,” said one participant in the meeting, “to realize the problem was worse than he thought.”

Well, I for one am happy to know that President Obama was frustrated and disappointed to learn that the bankers and those in his cabinet had made him a liar to twenty or thirty million of the American people.  You know, that a whole bunch of people had taken their own lives, had been unable to sleep for months at a time, that his inept staff had scarred untold numbers of children unnecessarily…. you know, that must be both frustrating and disappointing.

I know that I personally would be both frustrated and disappointed over stuff like that happening during the first term of my presidency.  Why I might even have been extremely frustrated and very disappointed to learn about something like that after it had been going on for more than two full years without my knowledge.

So, here’s the story… Zach… take it away…

“This story of the administration’s response to the housing crisis is based on interviews with more than 40 former and current administration officials and others familiar with housing policy, some of whom spoke on the condition of anonymity to discuss confidential conversations.”

Come on, are you loving this or what?

He starts out by reminding us that Obama had promised to spend $50 billion to help homeowners at risk of foreclosures.  Okay, Zach we’ve got that part, go on…

“Obama’s top advisers faced difficult questions about how to spend the money. None favored using taxpayer money simply to wipe out all the bad debt. That would have required one of two things: handing out up to $700 billion to more than 10 million Americans so they could pay off part of their loans, or asking Congress to force banks, which had just narrowly escaped collapse, to tell borrowers they did not have to pay back their whole debt, which would lead to more financial losses for the firms.”

Okay, so the simple answer was ruled out right from the get-go… got it.

Zach says that Shaun Donavan, secretary of Housing and Urban Development wanted debt reduction.  He argued that, “it would play an important role in healing the economy given the depth of the crisis.”  Apparently, Donavan wanted a program offering large payments to banks that would cover part of the cost of reducing the debts of underwater borrowers.

Zach says that Donovan “pressed for large payments to banks to cover part of the cost of reducing the debts of underwater borrowers.”  He figured that if homeowners owed less, they “would be able to afford their mortgages,” which would be “the best outcome for borrowers and banks alike.”

Well, that plan obviously got nixed in a hurry… so, what happened Zach, I’m on pins and needles over here.

Zach explains…

“But the president’s inner circle of economic counselors — Geithner and White House economic advisers Lawrence H. Summers and Austan Goolsbee — did not favor a big program of debt reduction.”

“We made that choice because we thought [reducing debt] would be dramatically more expensive for the American taxpayer, harder to justify, create much greater risk of unfairness,” Geithner said later before a congressional panel.”

I see… so it was Geithner and Summers that f#@ked this up.  It was Geithner and Summers that caused me to write 500+ articles pointing out the administration’s insanity and apparent corruption, spending my retirement account to try to influence people to fight back against what was and is tearing the country apart.  Unbelievable.  Well, off with their heads, I say.

Zach goes on to explain…

“The advisers also worried about the problem of “moral hazard,” when forgiving debts could encourage borrowers not to pay back loans.”

Oh, they did, did they?  Did anyone there bother to apply that sort of reasoning to the trillions of dollars they were shoveling into the insolvent banking system?  You know… I’m really starting to hate these guys.

Zach says…

“Rather than targeting debt, the administration focused its efforts on making monthly mortgage payments more affordable — for example, paying banks to lower the interest rates on loans. At the end of the day, homeowners would still have as much debt.”

Yeah, good plan guys.  Brilliant work.  And you didn’t even make that stupid plan work, you realize that now, right?  But, wait… it gets worse…

“Even with this less-dramatic approach, Obama’s economic advisers worried about spending too much taxpayer money to help borrowers who still might not pay back their loans. So they excluded large categories of borrowers, including those who could not provide extensive documentation of a steady income.”

That’s funny… they worried about spending too much taxpayer money… these guys who pumped $13.3 trillion into the banks were worried about spending too much taxpayer money on something?  That’s rich… really… that’s hysterical.  And so what… they ended up spending $2.4 billion of the $50 billion they promised to spend?  Oh, come on… f#@K these guys.

Now get this… according to Zach…

“Donovan argued it was crucial to require banks that had received bailouts to take part in HAMP, to ensure aid was offered to eligible homeowners. Others argued they could get banks to participate only if it were a voluntary program — and that view prevailed.”

And now for a brief music interlude… “They are both clowns…”

Isn’t it rich?

Aren’t they a pair?

Geithner and Summers they both…

Love laissez faire

They are both clowns.

~~~

Isn’t it wrong?

That they should approve.

Causing house prices to fall

Till no one can move

They are both clowns.

Send in the clowns.

~~~

Just when I’d bought, my own front door…

They turned our economy into one that no one could restore.

Their friends made fortunes again with unlimited bail.

There was no choice…

They were too big to fail.

~~~

HAMP is a crime,

A program that’s feared.

When millions applied for relief,

Their homes disappeared.

So, where are the clowns?

Send in the clowns…

Don’t bother they’re here.

~~~

Ain’t it a bitch?

That a financier.

Robing America blind is his career.

But they are both clowns.

Not funny clowns,

Let’s fire them this year.

~~~

Okay, so the decision was made to make HAMP a voluntary program.  And, why not?  Banks love to reduce a borrower’s interest rate or otherwise lower a monthly payment, right?  Of course they do.  There’s nothing a bank likes more than to accommodate a delinquent borrower, everybody knows that.  So, go on…

“Days before the program’s unveiling, David Moffett, the chief executive of housing finance giant Freddie Mac, arrived at the White House with a last-minute warning: Freddie’s analysts had concluded that the proposals were unlikely to help the millions Obama hoped. But, he recalled, the White House didn’t want to hear it.”

A few days later, Obama would fly to Arizona to promise the nation that his program would, “give millions of families resigned to financial ruin a chance to rebuild.” Or, maybe not so much.

Zach says that the administration recognized that the housing crisis was so intertwined with the financial crisis and recession that Geithner should play the most prominent role in overseeing and formulating its housing policies. But, Zach says, “the secretary did not seem to embrace all aspects of this role.”

According to Zach…

“Generally, the Treasury secretary did not regard direct homeowner aid as the best use of taxpayer dollars. He favored expanding the economy by spending money on construction projects or programs to keep teachers and other workers employed, which would help the housing market. In meetings, Geithner would tell the president that if he suddenly had $100 billion more to spend, he would never advise spending it on housing.”

Ladies and gentlemen, I give you… Treasury Secretary Timothy Geithner… the man charged with directing the world’s largest and most important economy during the worst financial crisis since The Great Depression.  Boo-yah.

Zach says that Geithner, “was worried that some steps to help homeowners could pose risks to the financial system, causing more harm than good.”

Okay, like what?  Give me an example.

“In 2009, for example, Obama officially supported a bill in Congress that would have made it easier for homeowners to obtain mortgage relief in court — a “stick” that would pressure banks to generously reduce homeowner payments.”

“Behind the scenes, Geithner had grave concerns that if courts could change the terms of mortgage loans after the fact, banks would be less likely to lend, reducing the availability of credit in the financial system.”

“Ultimately, political advisers decided the bill was unlikely to overcome the opposition of banks, Obama did not fight for it, and the bill died. There would be no stick.”

And there you have it… the death of bankruptcy reform.

Zach says that it was the summer of 2009 when the Obama White House started to hear from community groups that banks were foreclosing even when people were eligible for assistance under the program.

According to Zach…

“The president heard alarm bells in the often-emotional letters people wrote him.  His top economic advisers would remind him that even if the programs were working perfectly, some homeowners would not get relief.”

Oh, that’s just great… treat the President of the United States like a mushroom… keep him in the dark and feed him bullshit.

At this point, Zach explains that the data on HAMP’s performance in 2009 was not looking good.  Less than 70,000 people had been helped under HAMP, but 2.5 million had received foreclosure notices.  So, the administration started getting tougher on the banks and also started providing money to states to help homeowners through programs of their own design.

Zach says that according to former assistant Treasury Secretary Michael Barr, “A lot of his concerns and questions were about trying to figure out how we could do more on housing, while also being mindful of the costs and risks, and making sure our approach was fair to taxpayers and homeowners who were not going to directly be getting helped.”

But, the administration’s programs were off balance, Zach admits.  Although the administration’s advisors were saying that the debt problem should be addressed, “the administration’s programs have permanently reduced the debt on only one tenth of one percent of underwater borrowers.”

Wow, one tenth of one percent.  That’s more than I would have guessed.

Zach’s article goes on to talk about Fannie and Freddie and the new acting director, Edward DeMarco, who has been steadfast in his resolve not to allow Fannie or Freddie to participate in any debt reduction programs.  And he also discusses the more recent investigations that uncovered banks foreclosing when borrowers qualified for relief under various programs, and the administration’s efforts to negotiate a settlement that would ideally include some sort of debt reduction component.

Zach closes by recounting the admission made by the president this past summer, when he was asked what mistakes he felt his administration had made in handling the recession.  Obama said:

“We had to revamp housing several times to try and help people stay in their homes and try to start lifting home values up. Of all the things we’ve done, that’s probably been the area that’s been most stubborn in us trying to solve the problem.”

I’m not sure what to say to that, now that I’ve read Zach’s article and been shown more of what went on behind closed doors at the Obama White House.  That mistakes were made is abundantly clear, but even with such admissions, the depth and breadth of the crisis is just so staggering that it’s hard to feel anything but outright anger towards an administration that didn’t do more to stop what was happening to so many millions of American homeowners.

To win a second term, Obama must carry the states hardest hit by the foreclosure crisis.  To be sure, he’ll try to tell us that he’s still the right man for the job.  And even though the Republicans haven’t shown the slightest interest in addressing the foreclosure issue, it’s not going to be easy for the president to carry states where so much wrong was allowed to happen to so many families… people whose lives will never be the same.

So, even though Zach’s article did show me a side of the administration I hadn’t seen before, I’m still not sure that I see anything that resembles change I can believe in.

Mandelman out.

Oct
24

Mitt Romney’s Housing Plan: “Don’t try and stop the foreclosure process.” (VIDEO)

~ 4closureFraud.org Tweet Related posts:Kick Em Out | Gov. Scott’s Plan to Speed Fraudclosure Process Draws Mixed Reactions Merkley Unveils Plan to Help Get Economy Back on Track: Boost the Housing Market and Stem the Tide of Foreclosures CNN Headliner | How to rescue the housing market: Foreclosures! Experts say it’s time to push delinquent … Read more Related posts:
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Oct
24

Sucker Alert | Senators Draft Bill to Give Visas to Foreigners Buying Pricey Homes, Fraudclosures

“Backers believe the initiative would help soak up an excess supply of inventory when many would-be American home buyers are holding back because they’re concerned about their jobs or because they would have to take a big loss to sell their current house.” ~ Foreigners’ Sweetener: Buy House, Get a Visa The reeling housing market … Read more Related posts:
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Oct
19

Citigroup to Pay a Mere $285 Million to Settle SEC Charges for Misleading Investors About CDO Tied to Housing Market

Notice how the above graphic does not include a section for PROSECUTIONS stemming from the financial crisis. ~ Citigroup to Pay $285 Million to Settle SEC Charges for Misleading Investors About CDO Tied to Housing Market Former Citigroup Employee Separately Charged for His Role in Structuring Transaction FOR IMMEDIATE RELEASE 2011-214 Washington, D.C., Oct. 19, … Read more Related posts:
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Oct
13

Bulldoze ‘Em | Banks turn to demolition of foreclosed properties to ease housing-market pressures

It’s real, it’s happening and it’s coming to a city near you… Some infuriating quotes from the article… “It often has become cheaper to knock down decaying homes no one wants.” “It feels great that we’re able to help nonprofits, help neighborhoods, help families,” “We can make the financial case to the investor that, ‘It’s … Read more Related posts:
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Oct
11

Kick Em Out | Gov. Scott’s Plan to Speed Fraudclosure Process Draws Mixed Reactions

Gov. Scott’s plan to speed foreclosure process draws mixed reactions DAYTONA BEACH — Gov. Rick Scott wants to improve the state’s housing market by removing the courts from the foreclosure process, a move supporters say will help prevent long delays. Critics say removing the courts from the process would give too much power to lenders … Read more Related posts:
  1. ALERT – Florida Banksters Move to Dramatically Speed Up the Foreclosure Process by Changing FL to a NON JUDICIAL STATE
  2. Banksters | Floridians Facing Foreclosure Should Lose their Homes Faster Under Plan Making its Rounds
  3. Gov Scott Open to Taking Courts Out of Foreclosure Process
Sep
26

New-home sales fall 2.3% to six-month low

Not unexpected!


We have more good news/bad news from the housing market.  Sales of new single-family homes hit a six-month low in August, according to the Departments of Commerce and HUD today, falling 2.3% from July.  But this dark cloud has a long-awaited silver lining: Sales of new single-family houses in August 2011 were at a seasonally [...]

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Sep
06

Bloomberg | U.S. Must ‘Stop Punishing Banks,’ Halt Putback Claims, FBR’s Miller Says

“If we are to get the housing market working again, it’s our opinion that the FHFA and the government-sponsored enterprises need to stop punishing banks for their lending practices from several years ago, even though they may have a legal right to do so,” Miller wrote. ~ U.S. Must ‘Stop Punishing Banks,’ Halt Putback Claims, … Read more
Aug
31

CNN Headliner | How to rescue the housing market: Foreclosures! Experts say it’s time to push delinquent borrowers through the foreclosure process

  HOW TO RESCUE HOUSING NEW YORK (CNNMoney) — If the Obama administration really wants to save the housing market, it should speed up the foreclosure process — not prolong the inevitable, experts say. Four years into the housing crisis, the real estate market is still teetering on the edge. The Obama administration has tried … Read more
Aug
27

More on Refinancing Plan

Chris Mayer, one of the authors of the refinancing plan, a version of which is currently being considered by the administration, wrote in to the comments on an earlier post, protesting my characterization of his proposal. I have no argument with Chris about there being too many frictions in the refinancing process. I'm not sure that this is the best way to fix them, however, and I'm also puzzled by what problem the proposal aims to solve.  Is the goal to stabilize the housing market or to provide economic stimulus?  

If it is aiming to stabilizing the housing market, it is hard to see how a refinancing program, no matter how massive or generous, will accomplish that, as it doesn't address negative equity or unemployment. Too-high interest rates aren't what's driving forecloses.  Yes, there's a large gap between current mortgage rates and the Fed Funds rate, but mortgage rates on existing mortgages are not especially high as things go.  Lowering interest rates makes mortgages more affordable, but we don't have an affordability problem per se.  We have a problem of mortgages being too pricey relative to employment and relative to equity in the homes.  This proposal doesn't fix those problems.  

Likewise, nothing in this proposal helps stabilize home prices.  Refinancing doesn't make new purchases more affordable.  It just makes existing purchases more manageable--if the homeowner is employed.  It is true that in terms of monthly payments it doesn't really matter if principal or interest is reduced:  one could drop rates from 7% to 4% on a $200K 30y FRM and have a similar effect to writing down principal to $143.5K. So maybe there really would be an effect on strategic defaults, as people might not mind underpaying on a overpriced house.  But as long as there's negative equity, it makes selling the house very difficult.  I don't see this eating away at the huge shadow inventory that is depressing home prices and contributing to the balance sheet recession. 

If this is a stimulus measure, then yes, it will be a stimulus, but it will be a very oddly targeted one. I'm not sure it is as progressive as Chris Mayer describes. It will help those who are mortgaged, but not renters and not free-and-clear title holders. That is more or less targeted at the middle class, but it's hardly precise. Think of this as a version of the mortgage interest tax deduction, but made available only to existing homeowners, not prospective ones.  

In his version of the proposal, Mayers is very clear who will bear the cost of this--bondholders--who will get socked with a wave of prepayments and find the value of their assets decline.  It resembles a light-weight version of Roosevelt's 1937 zapping of gold indexation clauses from bonds. I'm a little uncomfortable with doing stimulus via expropriation of bondholders rather than via democratically controlled tax and transfer. It would be a surprisingly radical move from an administration that has protected banks (and to some degree bondholders) pretty consistently. (And it's a bit puzzling given Mayer's opposition to bankruptcy cramdown.) But given the deep dysfunction of Congress on fiscal issues, it is time to think outside the box.