Nov
15

We’re Going to Need a Bigger Horse… Portland police back down, rather than engage Occupy Portland protesters

Here’s the News from OCCUPY PORTLAND,  in Portland, Oregon…

Hours after the eviction deadline of 12:01 a.m. on November 13th, Portland Police attempt to use their horses to push the crowd of 10,000 protesters out of the streets.  It doesn’t work, the crowd stands its ground.  The police exercise exceptionally good judgment and back off.  However, a police officer was injured shortly before 2 a.m. by a projectile thrown from the crowd (obviously by a moron who wanted to get someone killed.)  As tensions rose, police arrested a 23-year-old man and warned demonstrators they would be subject to arrest or chemical agents. From what I heard on the news, ultimately 50 were arrested, so who knows what happened after the cameras were turned off.

The footage is dramatic and does show the power that a large crowd of committed people posses, but it also shows some uncommon discretion on the part of the police officers involved who chose to back down rather than to exacerbate the already tense interaction.  And, thank God for that, because as great as it may make you feel to see this crowd stand their ground, the outcome could have very easily been very different.  Remember, it’s a righteous protest until people are signing “four dead in Ohio.”   After that… someone’s child or someone’s parent, or both… is gone forever.  After that, what was once a constitutionally protected exhibition of free speech and the right of the people peaceably to assemble, and to petition the Government for a redress of grievances, becomes a battle ground on which lines are drawn, and which we can never win.

Nonetheless, I cannot lie… watching this brave and obviously committed crowd, made me feel good about America again, if only for a few moments…

I haven’t said anything about the “Occupy” movement that has spread across the country over the last two months, in large part because I’m not sure what to say.  On one hand, I’m happy to see people off their couches and in the streets speaking out.  On the other, from what we’ve seen transpire around the world, what starts as people assembling soon turns into a riot.  And I know how angry people in this country are today, perhaps as well as anyone could, and I know that the line between anger and rage can be all too thin.

And I just want to say, for whatever it’s worth, that our fight is not with police officers, they too are part of the 99 percent… nor is our fight with the bankers on Wall Street and elsewhere, they are citizens of this country, just like we are citizens of this country.  Our fight is with our politicians, those that we’ve elected to represent us in Washington D.C. and in our respective state governments.  You see, it’s time we were honest about something… what’s happened is our fault too… we gave up our power when we started caring only about ourselves, and stopped speaking out… and voting out… those who fail to represent us, and instead start representing only the tiny fraction of Americans that make up the richest 1 percent.

There they are, our very own “super-committee.”

For example, right now in Washington D.C. the bi-partisan congressional “super-committee” is meeting to determine what will be cut in order to reduce our deficit by $1.5 trillion over the next ten years.  According to various reports by members of the press, both Republicans and Democrats are in favor of a plan that would cut Social Security benefits by three percent.

Now, I want to tell you about a few key points inherent to this idea…

  • The people who would see their benefits reduced by this plan are people who have PAID for the benefits they are now receiving by making contributions to Social Security over their entire working lives.  In point of fact, it’s their money the bi-partisan super-committee is talking about cutting from their incomes during retirement.
  • Reducing Social Security benefits by three percent is exceptionally insidious and abjectly cruel, as it will cause the most pain amongst the oldest and poorest recipients.  According to economist Dean Baker of the Center for Economic and Policy Research in Washington, if you’re in your 90s and have been receiving Social Security benefits for 30 years, you would see them reduced by almost 9 percent under the new cost-of-living adjustment formula that the super-committee is said to support.
  • Today, untold millions of seniors are more dependent on their Social Security benefits than ever before.  The financial and resulting foreclosure crisis has already destroyed most of the wealth that retirees had accumulated in their homes… wealth that many were counting on to be there now… only  now, the very same people that allowed that to happen want to cut Social Security too.

According to Baker…

“The benefit cut is being justified by claiming that the current cost-of-living adjustment exceeds the true rate of inflation. In fact, the Bureau of Labor Statistics index that measures the cost of living of the elderly indicates that the current adjustment understates the rate of inflation experienced by retirees. There should be no doubt, this is a proposal for cutting Social Security benefits; it has nothing to do with making the cost-of-living adjustments accurate.”

Baker also points out something that should be far more distressing, especially to a movement calling itself, Occupy Wall Street.”

“While the supercommittee has plenty of time to think of ways to make life more miserable for seniors, it won’t even countenance the idea of taxing Wall Street speculation. In spite of the repeated pledges that everything is on the table, taxing Wall Street speculation is absolutely off the table.”

What Baker is referring to is called a “Financial Speculation Tax or “FST.”  The United Kingdom already has one in place, and the European Commission is just about to approve one as well, with the conservative leaders of Germany and France are both leading proponents of the tax.  In the U.K. the FST only applies to stock transactions, and still it raises 0.2 to 0.3 percent of the country’s GDP, which in the U.S. would be about $30 to $40 billion a year.  Over ten years, by itself it would raise about a third of the super-committee’s objective.  But why would we need to limit such a tax to stocks.  We could also apply it to futures, and derivatives like credit default swaps… and a whole other list of alphabet soup acronyms of which no one in the 99 percent has ever even heard.

According to Baker, were we to pass such a tax in this country, he thinks we could easily raise three or four times the $3- to $40 billion a year that would be raised were it limited to only stock transactions.  That’s $90 billion to $120 billion a year… and over a decade that by itself would achieve the super-committee’s mandate without forcing anyone over 90 years old to eat cat food or forgo picking up a prescription.

And yet, Baker says…

“No committee member from either party is prepared to make a simple request to the Joint Tax Committee of Congress (“JTC”) that would allow a speculation tax to be one of the items considered in the mix.”

There are several senior members of both houses of congress that have requested information from the JTC about a bill taxing financial speculation, but the super-committee is doing everything possible to prevent the idea from even being brought up as part of their discussion.  In other words, the bankers said no… and no means no.  So, the members of the super-committee are back to coming up with ways to rob the elderly of the Medicare and Social Security benefits for which they’ve paid… and then some… throughout their long lives.


And you can call me a heretic if you’d like, but one might consider that given the starring and supporting role that Wall Street’s investment bankers played in the oh-so-recent financial catastrophe, and the fact that they were so very visibly bailed out at the expense of the American taxpayer, and that they have basically been engaged in this century’s version of the Rape of the Sabine as far as this country’s middle class is concerned, and that they’ve been allowed to continue making record profits while we continue to guarantee their bonds as we lose sleep over where we might live and how we might eat if we lose a job and can’t find another for several months…

I don’t know… would it be so unreasonable to consider a proposal that would increase a wealthy banker’s tax burden by a fraction of one percent?  Not on their egregious incomes, mind you… I mean, perish that thought right now, but rather just on their speculative gambling habits whose proceeds contribute essentially nothing to our society?  And we can’t even find anyone on a bi-partisan super-committee with enough moxie to broach the subject… toss it around… mention it in passing?  And instead let’s get back to kicking the crap out of a ninety year-old woman with a walker who has paid enough into Social Security to earn her benefits ten times over?  Screw her?  Really?

And you’re telling me that’s not OUR fault?  Yours and mine?  Okay, whose then?  We elect them, and re-elect them, again and again… can’t even sit still through 20 minutes of C-Span… and complain that the article I spent 70 hours writing is a bit too long for your tastes?  And because the Occupy anywhere folks are willing to camp out in a Gore-Tex® tent twenty yards from a Starbucks for a couple of months while blogging from their Powerbooks and shooting video with their smartphones, now I’m supposed to cheer them along as they run from the teargas and pepper spray screaming “F#@K YOU!” at some cop who got his GED at 16 on his way to the Army and who now brings home $37k a year with which he’s raising three kids?  Good Lord, people… I have seen the enemy… and it is US!

Okay, look… you know I don’t actually mean that the way it sounds… I mean, C-Span is boring as all get out, and some of my articles are so long I can’t even ask my mother to read them.  And I do have a whole lot of respect and even admiration for the people Occupying wherever it is their occupying, even if they are stopping in for a Grande Mocha Latte before the protest kicks off for the day.  And if the police abuse their power and authority and end up shooting some 22 year-old because she was taking a lipstick out of her pocket that looked like a gun, I’ll most sincerely hail her a hero, before I castigate the cop involved and rebuke the organizational culture that could ever produce such a horrendous and unforgivable outcome.  And when I see her father interviewed on CNN… I will cry.

But, damn it… all around the country there will be octogenarians and nonagenarians who will forego their own medicine or eat one less meal a day in order to buy their great grandson a birthday present, and they won’t say a word about it and no one will ever know, and that’s why the super-committee can commit the act of utter cowardice that they are no doubt about to commit.

So, I guess the truth is that I do struggle with what to say about Occupy Wall Street or Occupy Portland or Occupy wherever when I see them ready to engage in mortal combat with a brigade of poorly paid and less-than-adequately trained police officers decked out in riot gear and lined up as if at the Battle of Hastings.  Because that’s not our fight.  History will not remember The Battle of Zuccotti Park, and getting arrested doesn’t make you noticed, it only makes you ignored.  Fighting for your encampment is fighting on their terms, they’re quite comfortable in riot gear firing teargas into crowds… they trained to do that.

We need, as perhaps the late, great Steve Jobs might have said… to think differently, to fight differently.  We need to scare them by making them realize that we are their source of power and just as we bestow it, we can also take it away.  Because there’s only one thing more important than campaign cash to politicians… and that’s getting reelected.  And while we’ll never be able to compete with Wall Street’s money, Wall Street will never be able to get anyone elected without us.

Dean Baker sums it all up more than eloquently by saying…

This contempt for the 99 percent coupled with protection for the 1 percent is the reason Congress has an approval rating of 9 percent.  When both parties in Congress work against the interest of the overwhelming majority in order to protect a tiny elite, it is not surprising that most of the country would return the contempt.

No, it’s not surprising in the least.  But it’s also not enough… contempt, that is.  It isn’t enough.  We’ll need to dop a heck of a lot better than contempt, if we’re going to make any sort of memorable impression on the banker genus, because to them contempt is like a Valentine’s Day card.

BY THE WAY…

The police in New York City cleared out Zuccotti Park last night, and unfortunately the intrepid protesters weren’t quite as resolute as the Portland people, or if they were then they weren’t nearly as successful, because I hear Occupy Wall Street is not longer occupying the park they had started to call home.  Here’s the video from just hours ago below.  Apparently, the police told everyone that it was a sanitary issue, which is hysterical if you’ve ever spent any time in lower Manhattan.  The cops also said that they would be allowed back in, but not with their gear, wwhich is just disingenuous B.S.

But I do hear that the movement has big things planned for this week, and I’m headed there to attend Max Gardner’s seminar, meet with my new partner, Abigail Field, shoot some interviews for the documentary, and hopefully… NOT get arrested… LOL.

Mandelman out.



Nov
15

We’re Going to Need a Bigger Horse… Portland police back down, rather than engage Occupy Portland protesters

Here’s the News from OCCUPY PORTLAND,  in Portland, Oregon…

Hours after the eviction deadline of 12:01 a.m. on November 13th, Portland Police attempt to use their horses to push the crowd of 10,000 protesters out of the streets.  It doesn’t work, the crowd stands its ground.  The police exercise exceptionally good judgment and back off.  However, a police officer was injured shortly before 2 a.m. by a projectile thrown from the crowd (obviously by a moron who wanted to get someone killed.)  As tensions rose, police arrested a 23-year-old man and warned demonstrators they would be subject to arrest or chemical agents. From what I heard on the news, ultimately 50 were arrested, so who knows what happened after the cameras were turned off.

The footage is dramatic and does show the power that a large crowd of committed people posses, but it also shows some uncommon discretion on the part of the police officers involved who chose to back down rather than to exacerbate the already tense interaction.  And, thank God for that, because as great as it may make you feel to see this crowd stand their ground, the outcome could have very easily been very different.  Remember, it’s a righteous protest until people are signing “four dead in Ohio.”   After that… someone’s child or someone’s parent, or both… is gone forever.  After that, what was once a constitutionally protected exhibition of free speech and the right of the people peaceably to assemble, and to petition the Government for a redress of grievances, becomes a battle ground on which lines are drawn, and which we can never win.

Nonetheless, I cannot lie… watching this brave and obviously committed crowd, made me feel good about America again, if only for a few moments…

I haven’t said anything about the “Occupy” movement that has spread across the country over the last two months, in large part because I’m not sure what to say.  On one hand, I’m happy to see people off their couches and in the streets speaking out.  On the other, from what we’ve seen transpire around the world, what starts as people assembling soon turns into a riot.  And I know how angry people in this country are today, perhaps as well as anyone could, and I know that the line between anger and rage can be all too thin.

And I just want to say, for whatever it’s worth, that our fight is not with police officers, they too are part of the 99 percent… nor is our fight with the bankers on Wall Street and elsewhere, they are citizens of this country, just like we are citizens of this country.  Our fight is with our politicians, those that we’ve elected to represent us in Washington D.C. and in our respective state governments.  You see, it’s time we were honest about something… what’s happened is our fault too… we gave up our power when we started caring only about ourselves, and stopped speaking out… and voting out… those who fail to represent us, and instead start representing only the tiny fraction of Americans that make up the richest 1 percent.

There they are, our very own “super-committee.”

For example, right now in Washington D.C. the bi-partisan congressional “super-committee” is meeting to determine what will be cut in order to reduce our deficit by $1.5 trillion over the next ten years.  According to various reports by members of the press, both Republicans and Democrats are in favor of a plan that would cut Social Security benefits by three percent.

Now, I want to tell you about a few key points inherent to this idea…

  • The people who would see their benefits reduced by this plan are people who have PAID for the benefits they are now receiving by making contributions to Social Security over their entire working lives.  In point of fact, it’s their money the bi-partisan super-committee is talking about cutting from their incomes during retirement.
  • Reducing Social Security benefits by three percent is exceptionally insidious and abjectly cruel, as it will cause the most pain amongst the oldest and poorest recipients.  According to economist Dean Baker of the Center for Economic and Policy Research in Washington, if you’re in your 90s and have been receiving Social Security benefits for 30 years, you would see them reduced by almost 9 percent under the new cost-of-living adjustment formula that the super-committee is said to support.
  • Today, untold millions of seniors are more dependent on their Social Security benefits than ever before.  The financial and resulting foreclosure crisis has already destroyed most of the wealth that retirees had accumulated in their homes… wealth that many were counting on to be there now… only  now, the very same people that allowed that to happen want to cut Social Security too.

According to Baker…

“The benefit cut is being justified by claiming that the current cost-of-living adjustment exceeds the true rate of inflation. In fact, the Bureau of Labor Statistics index that measures the cost of living of the elderly indicates that the current adjustment understates the rate of inflation experienced by retirees. There should be no doubt, this is a proposal for cutting Social Security benefits; it has nothing to do with making the cost-of-living adjustments accurate.”

Baker also points out something that should be far more distressing, especially to a movement calling itself, Occupy Wall Street.”

“While the supercommittee has plenty of time to think of ways to make life more miserable for seniors, it won’t even countenance the idea of taxing Wall Street speculation. In spite of the repeated pledges that everything is on the table, taxing Wall Street speculation is absolutely off the table.”

What Baker is referring to is called a “Financial Speculation Tax or “FST.”  The United Kingdom already has one in place, and the European Commission is just about to approve one as well, with the conservative leaders of Germany and France are both leading proponents of the tax.  In the U.K. the FST only applies to stock transactions, and still it raises 0.2 to 0.3 percent of the country’s GDP, which in the U.S. would be about $30 to $40 billion a year.  Over ten years, by itself it would raise about a third of the super-committee’s objective.  But why would we need to limit such a tax to stocks.  We could also apply it to futures, and derivatives like credit default swaps… and a whole other list of alphabet soup acronyms of which no one in the 99 percent has ever even heard.

According to Baker, were we to pass such a tax in this country, he thinks we could easily raise three or four times the $3- to $40 billion a year that would be raised were it limited to only stock transactions.  That’s $90 billion to $120 billion a year… and over a decade that by itself would achieve the super-committee’s mandate without forcing anyone over 90 years old to eat cat food or forgo picking up a prescription.

And yet, Baker says…

“No committee member from either party is prepared to make a simple request to the Joint Tax Committee of Congress (“JTC”) that would allow a speculation tax to be one of the items considered in the mix.”

There are several senior members of both houses of congress that have requested information from the JTC about a bill taxing financial speculation, but the super-committee is doing everything possible to prevent the idea from even being brought up as part of their discussion.  In other words, the bankers said no… and no means no.  So, the members of the super-committee are back to coming up with ways to rob the elderly of the Medicare and Social Security benefits for which they’ve paid… and then some… throughout their long lives.


And you can call me a heretic if you’d like, but one might consider that given the starring and supporting role that Wall Street’s investment bankers played in the oh-so-recent financial catastrophe, and the fact that they were so very visibly bailed out at the expense of the American taxpayer, and that they have basically been engaged in this century’s version of the Rape of the Sabine as far as this country’s middle class is concerned, and that they’ve been allowed to continue making record profits while we continue to guarantee their bonds as we lose sleep over where we might live and how we might eat if we lose a job and can’t find another for several months…

I don’t know… would it be so unreasonable to consider a proposal that would increase a wealthy banker’s tax burden by a fraction of one percent?  Not on their egregious incomes, mind you… I mean, perish that thought right now, but rather just on their speculative gambling habits whose proceeds contribute essentially nothing to our society?  And we can’t even find anyone on a bi-partisan super-committee with enough moxie to broach the subject… toss it around… mention it in passing?  And instead let’s get back to kicking the crap out of a ninety year-old woman with a walker who has paid enough into Social Security to earn her benefits ten times over?  Screw her?  Really?

And you’re telling me that’s not OUR fault?  Yours and mine?  Okay, whose then?  We elect them, and re-elect them, again and again… can’t even sit still through 20 minutes of C-Span… and complain that the article I spent 70 hours writing is a bit too long for your tastes?  And because the Occupy anywhere folks are willing to camp out in a Gore-Tex® tent twenty yards from a Starbucks for a couple of months while blogging from their Powerbooks and shooting video with their smartphones, now I’m supposed to cheer them along as they run from the teargas and pepper spray screaming “F#@K YOU!” at some cop who got his GED at 16 on his way to the Army and who now brings home $37k a year with which he’s raising three kids?  Good Lord, people… I have seen the enemy… and it is US!

Okay, look… you know I don’t actually mean that the way it sounds… I mean, C-Span is boring as all get out, and some of my articles are so long I can’t even ask my mother to read them.  And I do have a whole lot of respect and even admiration for the people Occupying wherever it is their occupying, even if they are stopping in for a Grande Mocha Latte before the protest kicks off for the day.  And if the police abuse their power and authority and end up shooting some 22 year-old because she was taking a lipstick out of her pocket that looked like a gun, I’ll most sincerely hail her a hero, before I castigate the cop involved and rebuke the organizational culture that could ever produce such a horrendous and unforgivable outcome.  And when I see her father interviewed on CNN… I will cry.

But, damn it… all around the country there will be octogenarians and nonagenarians who will forego their own medicine or eat one less meal a day in order to buy their great grandson a birthday present, and they won’t say a word about it and no one will ever know, and that’s why the super-committee can commit the act of utter cowardice that they are no doubt about to commit.

So, I guess the truth is that I do struggle with what to say about Occupy Wall Street or Occupy Portland or Occupy wherever when I see them ready to engage in mortal combat with a brigade of poorly paid and less-than-adequately trained police officers decked out in riot gear and lined up as if at the Battle of Hastings.  Because that’s not our fight.  History will not remember The Battle of Zuccotti Park, and getting arrested doesn’t make you noticed, it only makes you ignored.  Fighting for your encampment is fighting on their terms, they’re quite comfortable in riot gear firing teargas into crowds… they trained to do that.

We need, as perhaps the late, great Steve Jobs might have said… to think differently, to fight differently.  We need to scare them by making them realize that we are their source of power and just as we bestow it, we can also take it away.  Because there’s only one thing more important than campaign cash to politicians… and that’s getting reelected.  And while we’ll never be able to compete with Wall Street’s money, Wall Street will never be able to get anyone elected without us.

Dean Baker sums it all up more than eloquently by saying…

This contempt for the 99 percent coupled with protection for the 1 percent is the reason Congress has an approval rating of 9 percent.  When both parties in Congress work against the interest of the overwhelming majority in order to protect a tiny elite, it is not surprising that most of the country would return the contempt.

No, it’s not surprising in the least.  But it’s also not enough… contempt, that is.  It isn’t enough.  We’ll need to dop a heck of a lot better than contempt, if we’re going to make any sort of memorable impression on the banker genus, because to them contempt is like a Valentine’s Day card.

BY THE WAY…

The police in New York City cleared out Zuccotti Park last night, and unfortunately the intrepid protesters weren’t quite as resolute as the Portland people, or if they were then they weren’t nearly as successful, because I hear Occupy Wall Street is not longer occupying the park they had started to call home.  Here’s the video from just hours ago below.  Apparently, the police told everyone that it was a sanitary issue, which is hysterical if you’ve ever spent any time in lower Manhattan.  The cops also said that they would be allowed back in, but not with their gear, wwhich is just disingenuous B.S.

But I do hear that the movement has big things planned for this week, and I’m headed there to attend Max Gardner’s seminar, meet with my new partner, Abigail Field, shoot some interviews for the documentary, and hopefully… NOT get arrested… LOL.

Mandelman out.


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
14

A Global View of the Housing Bubble (CHART)

  A Global View of the Housing Bubble Interesting chart from (of all places) McKinsey, circa October 2009: “From 2000 through 2007, a remarkable run-up in global home prices occurred (see chart). But that trend has reversed abruptly. In 2008, the value of US residential real estate fell 10 percent; the global average fared only … Read more Related posts:
  1. Explaining the Housing Bubble – A Georgetown University Law Center Paper
  2. Regulators and Industry Insiders KNEW We Were in a Housing Bubble
  3. What Happens to Household Formation in a Recession
Nov
11

Two Movies I Want to See… Bailout! and Margin Call

COMING SOON!

BAILOUT

Fed up with corrupt “bail-out” banks trying to foreclose on them, five Chicagoans drive to Vegas with stacks of cash withheld from bailed out banks—to give themselves a long-overdue bailout of their own!

A feature documentary that explores the causes and effects of America’s financial crisis: after losing his job as a big-firm lawyer, Titus withholds his mortgage payment from a major bailout bank for several months. Seeing his friend rack up tens of thousands of dollars, comic John Fox wheedles Titus into taking a Winnebago excursion to the Las Vegas Tropicana where Fox has a stand-up gig. Three unemployed friends join them for a frenetic party of gambling and vice at ground zero of the foreclosure storm caused by the financial crisis.

Along the way, they see first-hand how politically powerful banks are systemically eliminating America’s middle class through off-shored job losses and fraudulent home foreclosures. An enigma wrapped in Doc-hybrid form, Bailout is a social documentary that explores American anger with the Wall Street elites who survive and thrive on their cancerous system of bailouts, fraud, and political corruption that actively work in concert to destroy Main Street.

From entry-level workers in northeast Indiana RV factories to Congressional leaders to rock stars, Bailout will tell the story of recent American economic events through the mouths of people who labored through thick and thin–what it was and how it has affected us all.

BAILOUT – Official Movie Trailer from BAILOUT on Vimeo.

NOW PLAYING!

MARGIN CALL

Starring: Kevin Spacey, Paul Bettany, Jeremy Irons, Zachary Quinto, Penn Badgley, Simon Baker, Mary McDonnell, Demi Moore, Stanley Tucci

Set in the high-stakes world of the financial industry, MARGIN CALL is an entangling thriller involving the key players at an investment firm during one perilous 24-hour period in the early stages of the 2008 financial crisis. When an entry-level analyst unlocks information that could prove to be the downfall of the firm, a roller-coaster ride ensues as decisions both financial and moral catapult the lives of all involved to the brink of disaster.

Nov
09

Consumer Spending Up? Come on get happy…

Wow, when it comes to our economy, what a difference a month or so makes, wouldn’t you say?  I mean, last month the economic news was not good… terrible, even.  And to make sure that everyone understood what was up… or, rather down… I wrote about it here, here, and here.  To say nothing of here and here.

So, wasn’t I surprised to find that less than a month later, everything economically speaking had completely turned around and we were once again having a “recovery.”   Obviously, the ‘Happy News’ folks that have tremendous influence over the mainstream media in this country had been working overtime, so I thought I’d better look things up and set things straight once again.

So, here are a few of the recent headlines:

“Consumer spending drives stronger U.S. growth”

“U.S. Economic Growth Accelerates”

“Economy expands 2.5 percent in the third quarter”

“U.S. Economy Rebounds”

“Where are the recession calls now?”

Ooooh… SNAP!

Why that sure does make one feel happy does it not?  Woohoo!   Go ahead and click the play button… you’ve got an extra minute or two… Come on get happy!

Okay, so the first claims I wanted to look at were the reports that consumer spending had recently exceeded the expectations of economists, and was providing proof that the economy was once again not in a recession.   Consumer spending, or “personal consumption” as the government’s econowonks like to call it, is said to be roughly 70 percent of our GDP.

The bottom-line… much of what the government is reporting is nothing more than a mirage, with the rest either easily explained or not indicative of a growing economy, but rather a shrinking one.

Borrowing…

Let’s start with the government’s claim that total borrowing in September, excluding any meager real estate related borrowing, increased by $7.4 billion.  This looked like an extraordinary increase to me, because the prior month, August, reports showed a $9.7 decrease in consumer borrowing, the largest decrease in 16 months.

According to AP…

Total consumer borrowing rose by $7.4 billion in September, the Federal Reserve said Monday. In August, it had fallen by the most in 16 months.

The September increase reflected a 5.8 percent increase in borrowing in the category that includes car and student loans. But the category that covers credit card purchases dropped 1 percent after larger declines in July and August.

To begin with, the $7.4 billion number is NOT seasonally adjusted… they probably didn’t have time to do those calculations.  And beyond that apparent oversight, roughly half of the increase came as a result of student loans?  Wow, student loans in the fall… go figure.  Who would have thunk it?

The other half was auto loans, and that number was easily understood by looking at the average age of U.S. vehicles on the road today, which has surged to 10.7 years, from 8.9 years at the start of the decade, according to R.L. Polk & Co. That’s both an all-time record, and sales resulting from pent up demand, not a growth spurt in the economy.

Oh, and by the way… the other kind of borrowing… you know, the kind that really would indicate that things were looking up for American households, credit card borrowing actually DECLINED by one percent or $627 million.

But, according to the Bureau of Economic Analysis (“BEA”), the increase “primarily reflected positive contributions from personal consumption expenditures,” but a big part of the problem lies in what the government thinks we personally consume.  To keep things in nice round numbers let’s assume our GDP to be $14 trillion, and 70 percent of that we’ll call $10 trillion.

So, for example, out of the $10 trillion in personal consumption, you’ll find a little over $2.0 trillion in claims paid by Medicare, Medicaid and providers of private health insurance for things like hospital stays, prescription drugs, doctors, nursing homes, durable medical equipment… all of health care’s goods and services.

Now, clearly consumers aren’t really “spending” these dollars, it’s more like they’re being spent on behalf of consumers.  My wife was recently in the hospital for some surgery and our health insurance company will be paying the bill, which I’m sure will be tens of thousands of dollars, but we wrote a check for our deductible, $500.  (And, she’s just fine, by the way.)

The government’s GDP calculations also include several categories referred to as “imputed,” which total $1.5 trillion, roughly 11 percent of GDP.  Included in the “imputed” category are things that don’t involve any actual money changing hands.

The largest of these is the $1.1 trillion considered “rent” that in theory homeowners pay to themselves to live in their own homes… the government refers to this category as, “imputed rental of owner-occupied nonfarm housing.” As to what this actually means, I have no idea.  What I do know is I’ve never written myself a check to cover the rent for living in my own home.

And there’s also a $240 billion entry that’s supposed to cover “financial services furnished without payment,” you know… like the supposed value of services like free checking accounts, or free online banking… to which I can only say… LOL.

There’s also a “social services” category to cover things like spending by religious groups and social advocacy organizations, spending on research and development by universities and other private institutions, and spending by political parties.  I understand why this category is included… all of the areas listed above are to some degree funded by individuals making contributions, although government funding is also involved, as is interest income earned on the investments of the organizations themselves.

To call these entries in the GDP calculations “consumer spending” is kind of… what’s the word I’m looking for… oh yeah… goofy.  The amounts are not “spent” by consumers; they’re just accounting entries that are used to make the government’s books balance, and they certainly create a situation far too opaque to be any sort of reliable indication that things are looking up.

Still, the casual observer is seeing the headlines proclaim that consumer spending is going nowhere but up… so are they really?  The answer is an easy one… of course not.  Why in the world would consumer spending be “up” all of a sudden?  The only answer is… it wouldn’t.  But you have to dig in to find the distortions.

The lion’s share of the overall increase was for services and by “services” the government was talking about necessities: housing and utilities, health care, food services and accommodations, and financial services and insurance. When you consider that the Consumer Price Index (CPI) is up 3.9 percent on an annualized basis, which includes food prices being up by 4.7 percent and energy up by 19.3 percent, it’s pretty clear that we’re not talking growth, we’re talking inflation driven by higher oil prices… which again would tend to reduce consumer spending… at least the kind of spending that matters when talking economic growth.

Additionally, our trade deficit shrunk again, with exports increasing by $31.6 billion, while imports only went up by $7.3 billion… and, like credit card debt, the lower number for imports would point to a reduction in consumer spending, not an increase.

Here are a few other facts that have to be weighing on consumer spending, no matter what the government wants to say…

According to MSNBC News, Most of the unemployed no longer receive benefits

Early last year, 75 percent were receiving checks. The figure is now 48 percent — a shift that points to a growing crisis of long-term unemployment. Nearly one-third of America’s 14 million unemployed have had no job for a year or more.

In the recoveries from the previous three recessions, the longest average duration of unemployment was 21 weeks, in July 1983.  By contrast, in the wake of the Great Recession, the figure reached 41 weeks in September.  But the economy has remained so weak that an analysis of long-term unemployment data suggests that about 2 million people have used up 99 weeks of checks and still can’t find work.

And there’s more good news behind that…

Number of Americans in poverty at record high

A record number of Americans — 49.1 million — are poor, based on a new census measure that for the first time takes into account rising medical costs and other expenses.  Based on the revised formula, the number of poor people exceeds the record 46.2 million, or 15.1 percent, that was officially reported in September.

Without food stamps, the poverty rate would have risen to 17.7 percent, which translates to about 5 million more people. That program was expanded in 2009 as part of the federal stimulus plan; the expansions are now phasing out gradually and will expire completely in 2014.

Best if taken with a grain of salt… or maybe two grains…

Just to give you an idea of how reliable the projections of consumer spending can often be, in a Bloomberg/BusinessWeek from April 9, 2008, the following paragraph appeared:

Some economists think the combination of economic stimulus checks soon to arrive from the federal government and lower interest rates should keep consumer spending from falling off a cliff. “We think consumers will narrowly skirt a downturn despite the recession in the overall economy,” write Richard Berner and David Greenlaw of Morgan Stanley in a just-released report.

So, yeah… nice job forecasting, fellas… we really dodged a bullet there.

The fact is that there are so many ways the numbers reporting consumer spending can be manipulated that it’s completely impossible for anyone to be sure their numbers are right… or even close to right.

On September 20, 2011, an article titled, Consumer Spending Data: If It Is Right, Is It True? had the following to say:

However, so many studies are issued on the subject, it is hard to know which ones are true. Statistics fluctuate so greatly that it is impossible for any report to be a single, entirely accurate reflection of what American consumers are doing now and what they will do in the future.

What we do know…

Here’s what we do know… consumer spending always picks up in the fall… it’s back to school and pre-holiday shopping at work.  And we know from the website shadowstats.com, run by economist, John Williams, that unemployment if calculated properly is a lot closer to 23 percent than it is to the 9 percent “Happy” number reported in the press.

And we also know that, according to an AP News story on the latest data from Fitch…

Fitch: Foreclosure rates are now twice last year’s

Foreclosures on delinquent U.S. mortgages have almost doubled from this time last year, according to the latest reading from Fitch Ratings.  Fitch said the higher foreclosure rate will push housing prices lower by increasing the inventory of houses on the market.

So, knowing those things… that foreclosures are up dramatically, and that unemployment is being under-reported by the federal government and ultimately the main stream media… and that since the crisis began, all of these sorts of projections have been wrong far more times than they’ve been right… we shouldn’t really have to go to the trouble of looking this stuff up every couple of weeks just because the government is releasing more… well… crap would be a good word there.

For the foreseeable future, whenever you hear that everything’s coming up roses, just say… okay… and pass the salt.

Mandelman out.

P.S. And since we started with The Partridge Family making us happy, I thought we should close out with a more appropriate theme song for our times… come on, click play… you’ve got another minute…

Nov
04

OCC’s Independent Foreclosure Review for Homeowners is Ready – But, so are the Scammers


The OCC has announced the rules and program details for its much anticipated Independent Foreclosure Review process for homeowners. And that’s very good for homeowners.  But, I’m fully expecting that right along side the launch of the OCC’s process, the SCAMMERS will be popping up everywhere.

But, before we look at the details of the OCC’s process so you can know if it’s something you should be involved in… the first piece of advice I’m going to offer is…

WATCH OUT! DON’T DO ANYTHING IN A HURRY!  THERE IS NO RUSH!

Okay, homeowners… I usually don’t say things like this but… PLEASE, PAY ATTENTION!  If you chose to ignore this article, you do so at your own peril.

What’s going at the OCC?  And why homeowners should know about it.

First of all, if any of this sounds familiar it could be because this is the same program I wrote about last April, and again last May, and then again last July.  And, basically I criticized what was planned because it was so totally transparent… if by “transparent” you meant “hidden.”  And in that respect, the program hasn’t changed one iota.

Well, two pillars of transparency, the Financial Services Roundtable’s Housing Policy Council and the Hope Now Banking Alliance (okay, so the “banking” doesn’t really belong in their name, but it sort of does), held a conference call yesterday afternoon for Housing Counseling network partners and other not-for-profit organizations around the country and one of the housing counselors who participated in the call echoed my thoughts from last May, saying that there is currently no transparency into who the “independent” third party reviewers are, and no disclosure as to what their review process will entail.  So, very well done there.

“We were told that the Servicers selected the independent reviewers and will be paying them. There is no definition of “harm” nor is there a definition of “remedy.” There is also no consistent process across servicers regarding their review process that was evident. But then again, the entire review process was not disclosed.”

Not transparent.

Transparent.

On an entirely unrelated note, and I’m sorry for jumping around like this, but remember about a month ago when all that Occupy Wall Street stuff was first showing up on television news?  Well, if I remember correctly, there was a whole gaggle of talking heads acting kind of superior and questioning why the group was protesting and what their goals were?  Remember that?

Well, I thought I’d just take a minute and say something to those folks who were struggling trying to figure out why Occupy Wall Street is protesting:

Hey, morons… read the paragraph above.  That’s why they’re protesting and their goal is to prevent bullshit like this OCC policy of total secrecy from happening anymore.  Any questions, morons?

You know, the OCC is a government agency.  It’s not supposed to even be allowed to do shit like this.  They’re not a private company… and the bankers they’re always blowing shouldn’t even be open for business because they’re completely insolvent and continue to remain alive only because they are on a combination of taxpayer funded life support, debt guarantees, and suspended accounting rule nonsense sanctioned by the king of transparency himself… the man who, more than any other I can think of, should be in a cell… Treasury Secretary Tim “Transparency” Geithner.

One more thing just to make sure that no one misses the irony here… the mortgage servicers whose bad acts and criminal behavior against 4.5 MILLION American homeowners rose to such an unacceptable level that they have been forced to participate in this “independent foreclosure review,” are the ones saying that we’re not allowed to know anything about it.

And… can we just talk about the word “independent” for just a second?  I mean, I know the word “transparent” is way beyond the vocabulary of these people, and now I find out “independent” is as well.  So, I’m think maybe that’s why we’re having the problems we’re having with servicers… we need to use much smaller words.  Okay, so how about these two words: F… oh, never mind.

So, what the heck was I writing about here… oh yeah…

Mr. Transparency

This past September 19th, John Walsh, the acting Comptroller of the Currency announced that the Office of the Comptroller of the Currency (“OCC”) would be conducting an independent review of something like 4.5 million mortgages… and that borrowers would be able to add their situations to that review process, and if it were determined that the borrower was in fact wronged and damaged… the borrower would be “entitled” to something referred to as “remediation.”

“Entitled” sounds good.  It’s about time homeowners are entitled to something.  And, as to remediation?  Yeah, I had to look it up too.  It comes from the word “remedial.”  A synonym would be “corrective,” or, “curative,” so it means that it’s determined that something was done badly, then that something is supposed to get fixed through this process.  All around, I’d have to say that I’m optimistic that it’s good news for homeowners, believe it or not.

The bottom-line is that this does appear to be a chance for people who were treated unfairly as part of the foreclosure process (and Lord knows there are plenty who fall into that category) to get a shot at some justice, and potentially be compensated for losses resulting from the unfair treatment.  And you’ve got to figure that they have to do something in response to the complaints filed, right?  I would think so.

So, that’s a big deal, and it looks to me like it’s a one-time offer.  Once the OCC shuts the window on this process next April 30, 2012, if you want to recover damages from your servicer for the way they treated you as related to the foreclosure process, you’ll have to sue them on your own, and we should all know how much fun that is.

How the OCC “fixes” whatever is found to have been wrong is going to be dependent on whether the borrower was “financially injured,” which is another way of saying “damaged,” by whatever wrongly occurred.  Please believe me when I tell you that this is NOT going to be an easy or simple part of this process, and I’ll talk more about that, towards the end of this article.

So, if you feel that you were wronged and damaged in the foreclosure process, read on because assuming your situation fits in with the rules of the OCC’s process… it’s time for you to take action.

A Double Edged Sword…

So, yesterday the OCC announced the rules and program details for its Independent Foreclosure Review and that means two things for sure:

Homeowners that meet the eligibility criteria and whose situation and resulting financial damages are deemed to rise to the appropriate, while undisclosed level, can now file a “Request for Review” form with the OCC for potential remediation.

~~~

Scammers, con artists and other unethical providers of useless crap at exorbitant cost are going to be having a field day.  Thousands of homeowners are all but certain to get ripped off for thousands of dollars and right before the holidays too.  It makes you feel all warm and nauseous inside, doesn’t it?

In a moment I’ll try to help you get your arms around the program’s criteria and try to give you some ideas on what you need to know to file your “Request for Review,” but first let me tell you what NOT to do.

A. Don’t RUSH into anything.  You’ve got until April 30th, 2012 to file your Request for Review with the OCC, and that’s plenty of time.  The fastest way to get scammed is to do things fast.

Besides, government programs are never ready at their outset, so being first could actually be a disadvantage, if anything.  The OCC’s own documentation says: “Because the review process will examine many details and documents, the review could take several months.” So, take your time, and do it right.

B. What if you do nothing now?

If you do nothing now, but are found to be eligible by the OCC, they say you’ll receive a letter before the end of this year notifying you of your eligibility, and you’ll still have until the end of April to file your request, but I have to tell you that I think waiting is a bad idea.

If you believe you were wronged in the foreclosure process, and you fit in with the requirements, then I don’t think that you should wait for the OCC’s promised letter… take control, take action, start preparing your case NOW.

C. Familiarize yourself with the program.  Learn all about the OCC’s criteria for eligibility, what is eligible for remediation, and their definitions of financial damages.  Know what the OCC considers a “foreclosure action,” and familiarize yourself with the examples of the actions that are included in the Independent Foreclosure Review.  And don’t forget to make sure your servicer is on the list… there’s a copy of the list below.

By becoming familiar with the program’s requirements, which is not hard by the way, you’ll gain some real advantages.  For one thing, you’ll know if someone’s telling you something that isn’t true.  And for another, you’ll have much better idea as to why you think you qualify and that will help you decide whether or not you think you can handle submitting your claim on your own, or whether you think you need help.

D. There is no “right” or “wrong” answer to the question of whether you need a lawyer to help you prepare your complaint, and if anyone tells you otherwise, please feel free to refer him or her to me.

If you decide you need the assistance of an attorney, please be very careful.  Don’t hire the first person you talk to, don’t hire someone because they said what you wanted to hear, and don’t go clicking around on-line to unfamiliar Websites.  Be careful, the scammers will be out in droves, I’m certain of it.

No one can know for sure what this Independent Foreclosure Review will produce in terms of results because it’s brand new, and each case is different.  So, don’t buy into “experts” look for experience… lawyers who have filed too many complaints to remember them all.  Check their record with the California State Bar.  And ask all of your questions.  The only silly question is the one you don’t ask.

The good news about the OCC’s Independent Foreclosure Review process is that it DOES NOT AFFECT anything else that you’re currently doing, so if you’re in the middle of applying for a loan modification with your servicer, or in litigation against your servicer, or even if you’re currently in bankruptcy, you can still file a “Request for Review” form with the OCC.

(A NOTE ABOUT BANKRUPTCY: If you’re in bankruptcy, however, be sure to take the firm to your attorney, DO NOT FILE your “Request for Review” on your own.)

Requirements and Guidelines for Homeowners filing a Request for Review…

Okay, so here are some of the things you need to know before you get started filing your “Request for Review” form with the OCC, in order to be considered as part of their Independent Foreclosure Review process.

  • You have to have been part of a “foreclosure action” on your PRIMARY RESIDENCE between January 1, 2009 and December 31, 2010.
  • What is a “foreclosure action?”  It’s one of the following four situations:
  • You lost your home to foreclosure, and its been sold by the trustee.
  • You were in foreclosure, but either because you brought the payments current, entered some sort of payment/forbearance plan, applied for a loan modification, or filed bankruptcy, it was pulled out of foreclosure.
  • You were in foreclosure, but were able to sell the home via short sale, or chose to deed-in-lieu to avoid actually losing home to foreclosure.
  • You’re in foreclosure now and you’re still delinquent, but no foreclosure sale has happened yet.
  • Here’s the list of participating servicers:
  • America’s Servicing Co.
  • Aurora Loan Services
  • Bank of America
  • Beneficial
  • Chase
  • Citibank
  • CitiFinancial
  • CitiMortgage
  • Countrywide
  • EMC
  • EverBank/EverHome Mortgage Company
  • GMAC Mortgage
  • HFC
  • HSBC
  • IndyMac Mortgage Services
  • MetLife Bank
  • National City Mortgage
  • PNC Mortgage
  • Sovereign Bank
  • SunTrust Mortgage
  • U.S. Bank
  • Wachovia Mortgage
  • Washington Mutual (WaMu)
  • Wells Fargo Bank, N.A.

Examples of financial injury…

The OCC lists examples of financial injury as a result of “errors, misrepresentations, or other deficiencies in the foreclosure process,” but they also state clearly that IT IS BY NO MEANS MEANT TO BE A COMPLETE LIST.  It’s really more like general guidance or a starter list of examples than anything else.

Also, it seems clear that the OCC only put things on this list that were fairly shallow or easy to come up with… things like dual tracking, which is when a servicer forecloses on a borrower while that borrower is in the middle of applying for a modification or making trial payments… along with accounting discrepancies, or violations of the Servicemembers Civil Relief Act.

It makes sense, if you think about it.  After all the OCC isn’t really here to help homeowners prevail… they’re only facilitating the independent review process.   It’s up to the homeowners who file to present their cases properly.

So, in point of fact, there could exist any number of other “errors, misrepresentations, or other deficiencies in the foreclosure process,” that could have caused homeowners to be financially damaged.

Here’s what’s on the OCC’s list…

  • The mortgage balance amount at the time of the foreclosure action was more than you actually owed.

This one is kind of weird, in my mind, because I’m not sure how homeowners will know if this was the case, but if you do think this was the case then you obviously have the information… well, fair enough.

  • You were doing everything the modification agreement required, but the foreclosure sale still happened.

This should be on the Servicer’s Greatest Hits CD, if they ever do one… it’s the hit single, “Dual Tracking.”  If you were foreclosed on while making your trial payments, this one’s for you.

  • The foreclosure action occurred while you were protected by bankruptcy.

Also very straightforward… if this happened to you, you’re on.

  • You requested a modification, submitted complete documents on time, and were waiting for a decision when the foreclosure sale occurred.

More dual tracking, and this happened to many, many people.

  • Fees charged or mortgage payments were inaccurately calculated, processed, or applied.

If you have evidence of this, it’s really a yes or no sort of thing.

  • The foreclosure action occurred on a mortgage that was obtained before active duty military service began and while on active duty, or within 9 months after the active duty ended and the servicemember did not waive his/her rights under the Servicemembers Civil Relief Act.

Again, very straight forward… and you know if it applies to you.

A few words about financial injury…

Okay, everyone who reads me knows that I’m definitely NOT A LAWYER… I mean… you’re reading this right now.  Does it read like a lawyer wrote it?  Exactly.  And, thank you for saying so.

But, I do know what sometimes seems like about a zillion of them and I pay attention.  And I can read like the dickens.  I’m not kidding, ask my parents, they’ll tell you.  So, listen to what I’m going to tell you here… it’s about financial injury or in other words, “damages.”

Determining how you were damaged or financially injured is not going to be nearly as easy as you might think.  It’s not “Common Sense Court,” we’re talking about here… we’re talking about lawyers at the OCC… banking lawyers… the worst kind.

The idea is that damages are supposed to measure in monetary terms, the extent of the harm that a plaintiff (as in, you the homeowner) has suffered because of a defendant’s (as in, your servicer’s) actions, and their purpose is to restore the injured party to the position they were in before the harm happened.

In general, you should think about damages as being restoring what you lost… as opposed to being punitive, because although punitive damages may be awarded in certain situations, this is not one of them.  In fact, remember… this isn’t like you’re going to court… you’ll be submitting your Request for Review to the OCC.

There are three basic categories of damages.  The first is termed compensatory damages, which are awarded to restore what the plaintiff lost as a result of the defendant’s wrongful conduct.  Next, there are nominal damages… a small sum awarded when someone has not suffered any substantial loss, but has been wronged nonetheless.  And then there are punitive damages, which are awarded under certain circumstances to punish a defendant for particularly egregious, wrongful conduct.

But, for the purposes of filing your Request for Review with the OCC, you need to think about how your servicer’s acts directly caused you harm… and by harm, I mean financial harm.

Whenever the topic of “damages” comes up, I often hear homeowners mention the idea of mental pain and suffering.  Now, there’s no question that this type of suffering is involved here, as it includes fright, nervousness, grief, emotional trauma, anxiety, humiliation, and indignity… and I think it’s safe to say that homeowners in foreclosures have all those things, and probably a few more.

On the Website, Law.com, they talk about “emotional distress damages,” as follows:

Evidentiary problems include the fact that such distress is easily feigned or exaggerated, and professional testimony by a therapist or psychiatrist may be required to validate the existence and depth of the distress and place a dollar value upon it.

But, you have to remember, we’re not talking about a court of law here, we’re talking about the OCC, so you need to concentrate primarily on how you were damaged tangibly, like in dollars and sense, which may be hard to do when the home you lost to foreclosure, or may lose to foreclosure, has no equity.

You see, as far as damages for losses to real property goes, it looks to me like they could measure financial injury related to real property by assessing the difference in the fair market value of the property before and after the injury.  Not only that, but it also seems that diminished fair market value is not used as the measure of recovery, if the financial injury to real property is temporary in nature.

Now, I have no idea whether any of this makes any difference to the OCC, but I do know this: damages or financial injuries are subject to numerous limitations and legal definitions, so it seems to me that most people are going to need a lawyer to help them figure “financially injury” component out.

I’m not saying that it’s an insurmountable issue, but since the OCC has not provided any real guidance in this area, and since the OCC’s process does not offer any sort of appeals process should you be denied, you probably want to at least consult with an experienced attorney before filing.

All hung up on titles…

Within the OCC’s consent orders, which you’ll find links to below, are listed the “bad acts” of which the respective mortgage servicers stand accused, and by reading through them you’ll find many of the things that have made the news this past year having to do with improper foreclosures, including “robo-signing (although it’s not called “robo-signing in the consent orders, it’s called something like “unauthorized signing of affidavits, or something close), improper notarization, dual tracking, and a whole host of other things that fall under the umbrella of “unsafe and unsound banking practices.”

The general idea is to find out which things appear on your servicer’s consent decree, and match up the things that happened to you, and how you were damaged by those things.  And it may be that in order to do that, you’ll need to look at your Chain of Title documents.

I’m looking into this issue to find out exactly what you’ll need, if anything, so as I said just stand by… like I said in the beginning, there’s nothing gained by rushing.

In Conclusion…

The OCC says that, as it relates to borrowers, it’s driving this Independent Foreclosure Process for the following reasons:

  • Weaknesses in foreclosure processes and controls present the risk of foreclosing with inaccurate documentation, or foreclosing when another intervening circumstance should intercede.
  • Even if a foreclosure action can be completed properly, deficiencies can result (and have resulted) in violations of state foreclosure laws designed to protect consumers.
  • Such weaknesses may also result in inaccurate fees and charges assessed against the borrower or property, which may make it more difficult for borrowers to bring their loans current.
  • In addition, borrowers can find their loss-mitigation options curtailed because of dual-track processes that result in foreclosures even when a borrower has been approved for a loan modification.
  • The risks presented by weaknesses in foreclosure processes are more acute when those processes are aimed at speed and quantity instead of quality and accuracy.

Here are links to the various OCC Consent Orders, but check with the OCC if yours isn’t on this list, as it may not have been updated.

Homeowners can also visit www.IndependentForeclosureReview.com for more information, and the OCC says that assistance with forms and answers to questions about the process are available at 1-888-952-9105, Monday through Friday from 8 a.m. to 10 p.m. (ET) and on Saturday from 8 a.m. to 5 p.m. (ET).  And here’s a link to the FAQ about the new review process.

To be entirely candid, they don’t really have much information… they can answer 49 questions, but after that, forget it.  I wasn’t surprised though, the whole thing is new, and I’ve never learned much of anything by calling a government phone number.

So, stay tuned… I’m going to be providing a lot more information on what you need to know and do related to filing a Request for Review to the OCC as part of the Independent Foreclosure process in the days and weeks to come.  I’ll even be offering a Webinar for those looking to drill down deeper into how to package your complaint.

So, hang on… don’t buy anything from anyone you don’t know… it’s still early, and much too early to get scammed into buying some hokey report or forensic loan audit… those things are giant scams for the most part… and you don’t need them to file your OCC complaint.  Whatever tools you do need, I’ll find them and make available.

And, please… be careful out there…

Mandelman out.

Here’s a copy of the OCC’s Interagency Review of Foreclosure Policies and Practices… Go to town!

Occ Interacency Review-nov 1

###

*1 (Rest.2d §352; Cal.Civ.Code §3301.)

*2 (McDonald v. John P. Scripps Newspaper (1989) 210 CA3d 100, 104.)

*3 (Rest.2d §353.)

*4 (Rockingham Cty. v. Luten Bridge Co. 35 F.2d 301 (4th Cir. 1929); Rest.2d §350)

*5 (Hadley v. Baxendale. 9 Exch. 341(1854).) ; Rest.2d 351.)

*6 (Cal.Civ.Code §3358.)

*7 (Cal.Civ.Code § 3294)

*8 (BMW of North America, Inc. v. Gore U.S. (1996)

Nov
02

The World of the Investor with Attorney Talcott Franklin – A Mandelman Matters Podcast

WHAT’S THE DEAL WITH INVESTORS?  WHO ARE THEY?
ARE THEY LOSING MONEY ON FORECLOSURES?

What do the investors think about all these foreclosures?

What’s the relationship like between investors and servicers?

Do investors want to modify loans?

Do investors ever stop servicers from approving loan modifications?

Why don’t investors get more involved in this mess?

IF YOU’VE ASKED THESE QUESTIONS, HERE’S YOUR CHANCE TO GET ANSWERS!

Attorney Talcott Franklin knows mortgage-backed securities inside and out.  He should… his firm, Talcott Franklin P.C. whose main offices are in Dallas, in dollar terms represents more than half of all the investors in mortgage-backed securities on the planet.  Tal’s the co-author of the “Mortgage and Asset-backed Securities Litigation Handbook,” and he’s a very experienced and highly sophisticated litigator.

What makes Tal a pleasure to talk to, however, is that he makes a very complex subject very easy to understand… in fact, every time I talk to him, I feel like come away smarter.  Actually, the very first time Tal and I spoke, it was very clear that we couldn’t be more in-sync as to our views on the economy… where it’s headed and why.

Tal sees the foreclosure crisis essentially the same way I do, which I found interesting right from the start because he represents the other side of the foreclosure coin… the investor side.  And because of his knowledge and perspective you’re going to find listening to what he has to say absolutely fascinating.

You know how servicers are always saying “the investor says no,” when they want to deny a loan modification… well, Tal explains why that simply isn’t true.  And he walks us through the securitization process in a way that you’re likely to remember forever.  And you’ll learn all sorts of other things you did not know.  I’m telling you, you’re going to love spending an hour with Talcott Franklin on this, A Mandelman Matters Podcast.

The podcast is available in two versions… MP4 and MP3.  The MP4 version includes a couple of slides that show diagrams of the basic securitization process, but the MP4 format may not play on some computers.  The MP3 version is audio only, and should play on most any computer.  Most listeners will have no trouble following along either way.

So, turn up the volume on your speakers, and click the MP4 or MP3 version.  I loved recoding this podcast.  If you want to know more about the foreclosure crisis, you’re about to learn from an expert on the other side of the foreclosures, the investor side… it doesn’t get any better than this!

CLICK HERE TO PLAY THE ENHANCED MP4 VERSION

… INCLUDES SLIDES ON SECURITIZATION

OR

CLICK HERE TO PLAY THE MP3 VERSION

Mandelman out.

Nov
02

THE CRAVEN, A Halloween Trick-or-Treat, With Apologies to Edgar Allen Poe

Okay, so Halloween was yesterday, but I was really busy yesterday, as those with children often are.  I think the day after Halloween should be Adult Halloween, the day on which we eat the children’s candy.  And, so I now present to you, this political trick-or-treat meant for grown-ups on O’Hallows Eve.  With my most sincere apologies to Mr. Poe.

THE CRAVEN

Read it yourself, or click PLAY and LET ME READ IT TO YOU…. Bwhahahahaha!


Reflecting on a year not cheery, what I pondered made me teary

The vast array of broken lives that foreclosures underscore.

Worried my mind would soon be snapping, as in my head I was recapping,

All of those that deserved slapping, that just could not be ignored.

Surely someone would be trapping, justice tapping at my door.

Twas SEC, and nothing more.

~~~

Ah, quite clearly, I recalled, that as I’d learned, I’d grown appalled,

Of all the lives that had been mauled, by acts of banks I now deplore.

While the SEC just kept on sleeping, words for this required bleeping,

In the end the whole world weeping, as I myself had heretofore,

For the countless fair homeowners whose lives they never would restore,

Nameless here forevermore.

~~~

And the fraudulent assignments, pushed by MERS out of alignments

Flagrant fraud willed right round the courts like no one saw before.

Not a man would stand convicted, homeowners would be evicted

I could have sworn they’d come one night, knocking at a mansion’s door

What of Angelo Mozillo, a king of things that live offshore

He wrote a check and nothing more.

~~~

Geithner spoke of being stronger, but Justice takes “longtime” and “longer”

Our bankers free post fraud galore, while we change to lessee from lessor.

I wasn’t sure why Tim was yapping, I asked, “Was HAMP designed for trapping?”

Cause at this point no one’s clapping, and your countenance quite unsure

What of crimes the bank committed, did he not fear the crowd’s loud roar?

I tried, but established no rapport.

~~~

Into the Fed I began peering, as I stood there wondering, fearing

Seeing things called Maiden Lane, first saw one and then one more

But the silence was unbroken, opacity to be maintained

O’er his kingdom, Bernanke reigned, and no one was to know the score

Barack? I called for the man I once believed was our savior

But just the clock, and no encore.

~~~

It was the fall for leaves were turning, how could they have escaped learning

Strategies they must be mapping, working harder than before

Would they speak of the foreclosures, in the states that always swung?

I watched them, read them so I might this mystery explore

I listened to each word they spoke, pray my sanity to restore

It was the wind and nothing more.

~~~

Was there someone charged at Goldman, hoping before I was an old man

But no the Craven too afraid, afraid of bankers all, therefor

Not a single one Wall Streeter, would be thought of as a cheater

Summers said no crimes occurred, and he was Tim’s mentor

For he had come direct from Rubin, whose home was at the shore

The Craven sat and nothing more.

~~~

These gutless wonders not beguiling, thinking of them ended smiling

While their faces still somehow looked, just as always, so cocksure

As Harvard men, they were clean-shaven, some from Yale, down in New Haven

But we all saw them as the Craven, as they walked on White House floors

Would we ever see a banker, locked behind a guarded door?

Quoth the Craven, nevermore.

~~~

So, Dimon, Mack and Vikram Pandit, Stumpf and Blankfein all bank bandits

What they did destroyed our nation, although that no relevancy bore

For we cannot avoid our seeing, that they are not in need of fleeing

They were blessed with men in power, who their acts would now ignore

For in this country crimes were only punished if you’re poor,

And if rich then “Nevermore.”

~~~

For the Craven cared only to win, their messages were mostly spin

No soul, no conscience, no sense of right or wrong did pour

Nothing further would they utter, disregard those in the gutter

Till we scarcely even muttered, any words that spoke rancor

We had no choice it seemed, though their welcome they’d outwore

Others worse, so nevermore.

~~~

Startled by promises broken, although admittedly well-spoken

Nothing would they do, that Wall Street bankers not adore

Now we’d have disdain for masters, whose acts were untold disasters

Sinking fast and then much faster, singing songs of burden bore

The dirges of his hope and change, melancholy out of range, swore

Once again, but nevermore.

~~~


Next time we’ll not be fooled, by loans once made, soon after pooled

For we will not again be harmed, by loans described as Option ARMed

And for those today who live on high, the word to remember is “Occupy”

The battle you may have won, but I wouldn’t be so sure

Because it’s only just a battle, do you think you’ll win the war?

Quoth the Craven, nevermore.

Mandelman Ooooooooout!

Oct
31

A TIME FOR GOOD JUDGEMENT: The jury is in AND we need judges to modify the way banks behave.

Originally published on December 7, 2009.  How depressing is that.  Two years later and it’s just as current now as it was then.  How does it feel to be absolutely running in place.  Are you having fun yet?


Okay, first of all… you’re not buying any of this “the recession has ended” nonsense, are you?  Because if you’re one of “them,” then I’m really not sure there’s a whole lot I can say to you except maybe… well, no… actually there’s nothing I can say to you that you’ll find interesting.  Just go back to trading your stock portfolio, buying REOs, and loading up on Citigroup, or whatever it is that you guys do these days.

To everyone else… I have a question: At this stage of the foreclosure crisis, is there any doubt that we need some sort of lender and mortgage servicer reform?  I’m only asking because it’s hard for me to imagine that there’s anyone, at this stage of what’s definitely not a game, that wouldn’t readily agree, the American Bankers and Mortgage Bankers Associations, Financial Services Roundtable, and American Securitization Forum, et al, notwithstanding.

In point of fact, I don’t think there can be any doubt that lenders and mortgage servicers in this country are working solely in their own best interests, and it should be just as clear that those interests are not aligned with the interests of anyone else; not the investors they’re supposed to protect, not the borrowers whose lives have been torn apart but will someday recover, and certainly not our nation as a whole.  The Obama administration has tried to address this situation, but to be entirely candid, their efforts to-date have been limited to a voluntary program, offering what many would describe as meager financial incentives, some stern language and a few public relations efforts.  And let’s not dress this thing up… it’s not working.

In August, the administration made public the servicer “report cards,” the thinking being that the servicers would be publicly shamed into improving their performance relative to their peers, and were the servicing industry capable of shame, or in other words, if the servicers gave a hoot what regular people thought of them, it might have been effective to some degree.

As it is, however, all it should have done was show the country that no one, not even the President of the United States, is capable of making the lenders and servicers do what they don’t want to do.  President Obama, Secretary Geithner, and just about everyone in Congress tell them to modify mortgages… they write them a check for a few hundred million… and the lenders and servicers say “no problem,” and then return to doing pretty much whatever they darn well please.  And why shouldn’t they?  What’s the president or anyone else going to do to them?  I mean, absent government support, they’re already insolvent.  And they know he’s not going to let them fail no matter what.

Of course, that’s not how the servicers would describe it… they’d say, to borrow a line from ex-President Bush: “It’s hard work.”  And there’s no shortage of highly compensated apologists running about explaining that servicers are “overwhelmed,” as if there should be an outpouring of sympathy from the general public.  Poor servicers… having to deal with all those “irresponsible homeowners” who didn’t see the absolute destruction of the capital markets coming around the corner the way nobody else did.  Being a servicer is hard.  Boo-hoo.

Judging Servicers

I see, so Bank of America expects us to believe that they simply cannot figure out how to answer the phone.  Anything over a few thousand calls a day and the place basically shuts down.  I understand… it’s hard to answer the phone… all those buttons, don’t you know.

Chase?  Well poor Chase can’t seem to hire anyone.  They’re having a dickens of a time finding good help.  Understandable.  The financial sector is running at full employment, after all.  And as to Wells Fargo?  Well, the banking types at Wells just can’t stop losing borrower submitted paperwork… over and over again.  It must be hard to stop bank employees from misplacing things.

I can’t even listen to this drivel anymore.  Bank of America has 40 million credit card holders, and you can call the toll-free number on the back of their cards 24/7, get a live person within a couple of minutes, and he or she can tell you how much interest you paid in 2005 and where you bought gas last Thursday… even if you’re calling on Christmas Eve.  Chase could have hired every man, woman and child in the state of Florida by now if they’d wanted to.  And Wells Fargo?  Okay, fair enough.  I have no trouble believing that Wells is telling the truth when they say they can’t stop losing stuff.

The story of servicers being overwhelmed might have been mildly interesting 18 months ago… maybe, but today?  We’ve given them enough money to float the Titanic, which is metaphorically exactly what they are in terms of their financial realities.  So, if they wanted to be efficiently modifying loans, you can bet your soon-to-be-foreclosed farm that they’re more than capable of doing so right now.

And who could ever forget the dumbest argument of the new millennium: “Loan modifications don’t work because a huge percentage of borrowers re-default.”  We should all understand that the term “loan modification” is a synonym for “lower your monthly payment,” so to say “they” don’t work is evidence of a beautiful mind.  I remember how I felt when I learned that more than half of the modifications in 2008 resulted in borrowers having a higher monthly payment.  I thought to myself: “Hmmm… I wonder if that could be why they’re “not working.  Maybe someone should study that.”  Morons.

The next installment in the servicer’s excuse-of-the-month club was the very popular: “It’s not our fault, the investors made us say no.”  Oh, did they now?  Which investors would those be?  Must be the ones that refuse to maximize their own returns?  That makes about as much sense as Bank of America being phone challenged.  Why would an investor refuse to modify an underwater mortgage in this market, when the alternative is almost always more costly?  It’s absurd, and I hate being treated like I’m six.

Nonetheless, almost everyone bought into this lie over this past summer, and I think the bankers figured that since you had to read a 600 page pooling and servicing agreement to determine whether they were full of crap or not, no one would.  It worked for a while, but now having read quite a bit more on the subject, I’ve come to realize that the vast majority of investors have about the same amount of clout with servicers as do borrowers.

Servicers essentially never get fired.  And unless there’s some creepy hedge fund lurking in the finely manicured hedges, what it says in most servicing agreements is basically that the servicer must take steps to maximize the returns for investors, something they almost never do.  In a phrase, it’s not the investors that are holding things back.

Further proof of this could be seen in September when Impac Funding, an investor that uses Bank of America Home Loans and GMAC to service many of their mortgages, started contacting borrowers directly with offers to help homeowners modify their loans.  It seems that Impac had grown tired of sitting back watching their servicers foreclose instead of modify, and in at least one case, a borrower’s loan was modified in 72 hours.  When you think about all of the millions of foreclosures that have already transpired, that is absolutely sickening.  And according to a source close to Impac, the results have already improved their returns, so what do you know about that.

So, what’s the next faux impediment to modifications going to be?  Rumor has it that the banks are starting to pull credit reports in conjunction with applications for loan modifications, so that should slow things down pretty good right there.

What’s the answer?  Well, we could ask Sec. Geithner to give the lenders and servicers another stern talking to, but we’ve just ended our sixth straight month of foreclosures above the 300,000 mark, with August coming in at 356,000, give or take, so it’s not exactly a plan likely to inspire widespread confidence.  As it stands, we’re forecasted to end 2009 with a staggering 3.6 million foreclosures for the year, and all forecasts point to even more in 2010 and 2011.

We could allow the banks, that absent the fairytale accounting rules that shun mark-to-market, and the trillions in government support provided in one form or another, to fail and then impose strict requirements that…  oh yeah… sorry… never mind.  I was dreaming there for a minute.

Here Comes the Judge

The answer is to reform the bankruptcy code to allow ‘judicial foreclosures,” which is simply another way of saying to lenders and servicers: “If you won’t do what you’re supposed to, we’re telling Dad.”

A bill that would allow bankruptcy court judges the discretion to write down mortgages on primary residences for homeowners filing bankruptcy has already been defeated twice.  These judges are already allowed to do this on just about every other loan… second homes, commercial property… but not on primary residences.

I have to admit something… I ignored the bankruptcy reform bills both times.  I didn’t even get it.  One side called it the “cram down,” which didn’t sound all that appealing to my ears at the time.  I was focusing all of my attention on what the administration was going to do to stop the foreclosure crisis and I had no time for “cram down” bills.  Shrewd thinking on my part, I’m aware.

Here’s the really interesting thing about this proposal that I’ve only recently come to understand: If judges were allowed to write down primary mortgages for those in bankruptcy… they’d rarely if ever be given the chance to do so.

The truth about this proposed change to the bankruptcy laws is that it simply creates a meaningful threat to lenders and servicers who refuse to modify mortgages, a big fat stick, if you will.  If the $50 billion in incentives that the Making Home Affordable program offers lenders and servicers for modifying mortgages represents a “carrot,” then allowing bankruptcy judges to write down mortgages on primary residences is “the stick”.  And I think it’s pretty clear that today’s lenders and servicers need to be hit with a stick in order to get them to do what we, as a nation, very much need them to do.  Nothing else has worked, and we are all suffering as a result.

“It’s very discouraging at times,” says attorney Tim McFarlin of McFarlin & Geurts, whose offices are in Southern California.  McFarlin is an experienced bankruptcy attorney who expanded his practice to help homeowners in need to loan modifications over a year ago.  “We get them done… eventually,” Tim explains, “but that can mean five, six, seven months or longer.”

“It’s clear that the servicers aren’t motivated to do anything quickly, there’s often no rhyme or reason to their behavior, and they do everything possible to give attorneys a hard time.  I don’t see that changing without some sort of reform that allows for judicial modifications.  Unless they see themselves potentially standing before a judge in the future, they’re not going to play nice on their own… why would they?  Homeowners in distress are hardly prepared to file lawsuits against giant financial institutions.  And the financial institutions know that.  They can do pretty much whatever they want with impunity,” explains McFarlin.

If it has been said once, it has been said so many times that its hard to believe that it’s not front page news every single day… our economy cannot recover without the foreclosure crisis coming to an end.  Foreclosures destroy property values… everyone’s property values.  And they breed more foreclosures, because people spend less… corporate profits drop, prices begin to fall… companies layoff workers, unemployment rises and foreclosures increase.  Today, more than 40% of foreclosures are being caused by unemployment.

There’s no such thing as a jobless recovery, and even if by someone’s definition there is, it’s not something anyone would enjoy.  Bernanke’s latest proclamation that the recession is “probably over,” which was largely based on a recent increase in retail sales, failed to mention that the “Cash for Clunkers” program, higher oil prices, and the seasonal impact of back-to-school shopping fueled that rise.  Remove those factors and retail sales fell that month by more than they have since my mother was listening to the Andrew Sisters performing live at Atlantic City’s Steel Pier.

Unemployment continues to rise, property values continue to fall, and if it weren’t for the $8,000 real estate tax credit, it’s highly unlikely that home sales would be having their fleeting moment in the sun.  I know… the stock market has been going up, but one would be wise to remember that markets that go up without fundamental basis have the very definite tendency to reverse their course abruptly, and often in mid-autumn.  I’m not giving advice, by any means, I’m just saying.

All of that notwithstanding, the simple fact is that foreclosures are continuing to destroy the value of the mortgage backed securities that are still right where they were last fall… on the balance sheets of our nation’s banks.  At some point, we the taxpayers are going to have to buy those assets so our nation’s banks can begin returning to some semblance of normalcy, and the lower the value of those assets, the higher the hit will be to taxpayers.

To-date, servicers and most investors have refused to take any losses whatsoever, which is why principal reductions are as rare as Sarah Palin supporters at MoveOn.org, or union leaders at the RNC.  And even though most lenders and servicers are participating in the president’s Making Home Affordable program, the decision as to whether a given loan will be modified or its principal reduced, is still voluntary, which is a euphemism for “you’ve got to be kidding”.

Judgment Day

As of July’s end, when the administration published the “report cards” showing how each servicer was doing related to their efforts to modify loans, everyone on the list was shown to be an underachiever.  And we’re not just talking about ‘C’ students here, we’re talking 9% of an eligible 2.7 million homeowners who had received loan modifications; Bank of America, the “Bank of Opportunity,” as I recall, and one of the country’s largest mortgage holders, came in dead last at 4%.

We gave the banks a chance to volunteer, we gave them so much money it’s impossible to fathom, and they basically said… “Yawn”… and continued to foreclose at will.

The Obama Administration’s plan was to involve a carrot and a stick.  The stick was judicial foreclosures; bankruptcy judges being allowed to write down loans on primary residence mortgages for borrowers filing bankruptcy so they could remain in their homes.  Candidate Obama promised that he would support this legislation, and President Obama, as recently as last February when he introduced his foreclosure rescue plan, said that it was a crucial component of his new plan as well.

But that’s the last anyone has heard from the President on the matter.  He didn’t allow its inclusion in the economic stimulus bill, and now it seems that he doesn’t even allow it to come up at press conferences.  He said the proposal would have to stand alone, which was another way of saying that it would be doomed to failure.  And in case that wasn’t enough, the banking lobby was standing by prepared to spend tens of millions to defeat it.

In the second quarter of this year alone, the powerful Mortgage Bankers Association spent $761,000 on lobbying efforts.  And that’s when the United States Senate defeated the legislation that would have saved hundreds of thousands of homeowners from foreclosure by allowing judges to modify mortgages.  The lending industry saw it as a major victory,

A victory?  For whom?  I’m not sure these guys understand what “victory” means, or at the very least, they appear to have trouble distinguishing between “battle” and “war”.

The bankers say that allowing judges to modify mortgages will increase the number of bankruptcy filings and cause interests rates to rise, but these are two of the weakest arguments ever put forth because the alternative, which is what we’re all living through now, is a deflationary spiral that continues to drag our economy down and lasts for perhaps a decade or longer.

Just imagine what this country will look like, if for the next two years things just get progressively worse… and then it really gets bad.  Don’t kid yourself… if we don’t stop the foreclosure crisis and soon, that’s exactly where we’re headed.  A recent research report published by Deutsche Bank estimated that something like half of all the homeowners in the United States are going to find themselves underwater by 2011, so woo-hoo!

Stan Lockhart, an experienced real estate attorney who has represented homeowners trying to obtain loan modifications and also handles bankruptcies, commented:

“Bankruptcy reform can’t harm investors because they have nothing now.  The market is where the market is.  And if homeowners have no hope, if there’s no hope of equity in the future, then homeownership in this country is on borrowed time and perhaps for en entire generation.  Can our economy survive under those circumstances… I don’t think it can and that can’t be very attractive to investors, can it?”

Judging the Political Climate

Sen. Richard Durbin (D-IL), along with New York’s Sen. Chuck Schumer, have been championing the bill through both of its defeats.  The last time it sailed through the House… Citigroup even crossed banking lines to support the bill, and then it died in the Senate at the hands of the banking lobby.

To get Citigroup to support the bill, Sen. Durbin agreed to three… um… modifications, pun intended.

One: It would apply only to mortgages already in existence at the time the bill passes, and not to loans made after that date.  One would think that this compromise would put an end to the objection voiced by lenders that applying it prospectively would result in higher borrowing costs for all homebuyers.

Two:  In order to qualify for a judicial loan modification, homeowners would be required to contact their lender or servicer at least 10 days before filing for bankruptcy, which would give that lender or servicer one final chance to be, in a word, a Mensch.

Three: Violations of the Truth in Lending Act, or TILA, wouldn’t allow for the debt to be wiped out, as was the case in the original bill.  Instead, such violations would result in a fine, which is how the statute already works outside bankruptcy court.

The response by the banking industry?  “Thank you for playing, but sorry… no.”  And the arguments behind the industry’s latest objections make even less sense than their earlier smokescreen.  Try this one: The bill would even apply to million dollar homes, or homes where the homeowner isn’t behind on their payments.  This makes me wonder whether perhaps they’ve forgotten that the bill has to do with bankruptcy, and is not simply a way to shop for a lower payment.

Or how about: The bill imposes no time limit, so lenders are worried that they could still be dealing with this issue 30 years from now.  My personal response would be to say… fine, and give them a 10-year window, if that will make them feel better, but that’s just me.  And the industry’s third latest objection?  Under certain circumstances related to TILA violations, the entire debt could be forgiven.  Supporters point out that this provision only mirrors the penalties for abusive lending that exist outside bankruptcy court.  And I would like to add… have these people ever met a judge?  And if so, did that judge seem like the kind of guy who’s prone to giving away houses willy nilly?  I met a pretty nice judge in traffic court once, but even he only reduced my fine from $280 to $160.

Norma Hammes, a bankruptcy attorney who’s practiced for 31 years and now helps homeowners obtain loan modifications, is more than familiar with how lenders and servicers are handling homeowners at risk of foreclosure.  According to Hammes: “They (lenders and servicers) are trying to separate the attorneys from their clients.  It’s clear that the banks and servicers don’t want homeowners to be represented by counsel.  If they were really serious about loan modifications, they’d put the actual contact information of the HAMP Modification Department on their Websites.  As it stands, you have to call and call and then wait on the phone for hours before talking to anyone.”

“And that’s just the tip of the iceberg,” explains Hammes.  “In the Treasury Department’s FAQs, which seem to be the closest thing to published rules, there seems to be a requirement that the lender postpone a foreclosure while a homeowner is under consideration for a HAMP modification, but that’s far from being something on which a homeowner can count.  It happens far too often.”

Even HUD-approved housing counselors, who the government has consistently praised as being the frontline professionals trying to modify mortgages for distressed homeowners, express high levels of frustration at the number of brick walls, bureaucratic incompetence, and seemingly unending bewilderment about the program’s rules that they say are all ubiquitous at lenders and servicers.

The Obama Surprise

I have to say that most of what I’ve learned about bankruptcy reform and judicial loan modifications, on one side has seemed like common sense, and on the other, predictable resistance.  It’s obvious that the lenders and servicers aren’t going to act in anyone’s interests but their own, no matter what they’re asked nicely to do.  And it should come as absolutely no surprise that if they’re not threatened by what a judge might do, then there’s no consequence to their actions.

Our country is in crisis, and we can’t expect the banks to act for the overall good of our society… that’s not their role… that’s the role of the elected representatives who serve in our government.  No surprises there, right?

What’s incredibly surprising, to me anyway, is who has aligned themselves with the banking lobby in opposing judicial loan modifications: Ladies and Gentlemen introducing the Obama administration.

In late September, Assistant Treasury Secretary Michael Barr, speaking to reporters, said that, “Bankruptcy reform is an additional tool, but it’s not the focus of our efforts to keep people in their homes.”  The Wall Street Journal interpreted Barr’s comment as meaning that proponents of the reform should forget about it, because it ain’t happening.  The administration talks tough about stopping foreclosures, but then all it does is talk.  Now, instead of picking up the stick, all it’s going to try is increasing the number of carrots, and embracing short sales, which has about the same chance of working as the Hope-for-Homeowners program implemented by President Bush that has modified about the same number of mortgages as exist on my block.

Short sales are always a problem, because the lender or servicer has to agree that a borrower can sell the home for less than owed, and forgive the difference.  If that sounds a lot like getting a bank to agree to a principal reduction or loan modification, you’re right.  So, why would offering lenders or servicers a financial incentive that amounts to little more than a couple of sheckles for agreeing to do what they’re not doing now be effective?  Well, it wouldn’t silly.

I do have some sympathy for the Obama administration.  They don’t have an easy job, and Secretary Geithner unquestionably has his hands full trying to deal with bankers that are acting like spoiled children in oh, so many ways.  But he’s creating some of that by not taking a tougher stance, and it could be that the reason for this is that the Democrats don’t want to ruffle any of Wall Street’s financial feathers before the midterm elections in 2010.  They remember what happened to Bill Clinton in 1994, and they don’t want to see that happen again.

Geithner’s allowing the banks to ignore the accounting rules that forced banks to mark their assets to the market value, and FDIC Chair, Sheila Bair has said that forcing them to comply with FASB’s rules at this point makes little sense.  That’s laugh out loud funny… to me anyway.  I guess it makes more sense to allow the banks to have balance sheets that are pure fiction.  Well, alrighty then.  I suppose that is better, especially when you consider that the alternative is National Socialism… I mean nationalization.

I understand the nature of the problems faced by the administration, but I have to say that the way they’re handling it does bother me.  If a bank can foreclose on a home, and accounting regulations allow that bank to keep that mortgage on their books at its original, albeit now fictional value until the home is actually sold, then you’re allowing the bank to benefit from the foreclosure for some time, anyway.  But if, at the same time, you’re telling the country that you’re encouraging loan modifications, well… it seems disingenuous… to me, anyway.

In essence, you’re allowing that bank to temporarily re-capitalize itself on the backs of foreclosed homes, and that may be a preferable alternative to going back to congress for more money for banks in advance of the midterms, and I may even understand that political reality.  But I’m pretty sure that the families losing their homes won’t be nearly as understanding once inside the voting booth next fall.

It may not be something that shows up in the polls today, but the Obama administration, while it won’t be held accountable for everything that happened before, will absolutely be held accountable for fixing the foreclosure crisis.

In that regard they have thus far failed, and I think they’re likely to continue to fail unless they change their tune on judicial loan modifications.

Of course, I’m just thinking out loud over here.  Usually, I’m not one to judge.

Mandelman out.

Oct
26

Attorneys: Foreclosure Defense at a Whole New Level – Max Gardner In-person or On video

For attorneys representing homeowners at risk of foreclosure who are up against the largest banks and mortgage servicers in the country…

THREE WAYS TO TAKE ADVANTAGE OF MAX…

If you’re an attorney representing homeowners at risk of foreclosure, you’re up against some of the largest banks and mortgage servicers corporations in the world, and you practice in an area of law that is changing, quite literally, almost daily.  To succeed in this environment you need every advantage you can get, and without question, it’s the Max Gardner advantage on which the top foreclosure defense and bankruptcy litigation attorneys in this country rely.

I’ve personally attended Max Gardner’s Securitization and Bankruptcy Litigation Bootcamp at his 160-acre ranch in the western mountains of North Carolina, and quite frankly, I don’t think there’s a professional educational experience anywhere that could claim to be its rival.

Max basically gives attorneys his thirty-year law practice in a box with easy to follow assembly instructions and ongoing support.  And there’s nothing theoretical about what Max teaches attorneys at his workshops and seminars.  In fact, I’ve seen more than one lawyer put the things they’ve learned into practice even before they’ve returned home, calling new instructions into their offices during a break.



1. Next month, Max is coming to New York City…

“What You Need to Know About the UCC for Foreclosure Defense”

WHEN: November 19th & 20th
WHERE: New York Law School, New York City

Max, along with his faculty of expert guest speakers, will be delivering a specially designed in-depth session laser focused on the topic of the UCC’s impact on mortgage securitization… specifically tailored for New York state law.

Why is this topic so important?

You must attack the secured status of the Trustee of residential mortgage backed securitized trusts and you must challenge the mortgage servicer’s standing to foreclose.  In order to make these types of challenges in court, you must have a thorough understanding of how securitization is supposed to work and then determine whether the proper procedures were followed for your client’s mortgage.

To understand how securitization is supposed to work, you must have a thorough understanding of UCC Articles 3, 9 and 1-302. This session will present the most comprehensive look at the UCC and its impact on foreclosure defense.

In order for a residential mortgage to be properly securitized within a trust, the note needs to have been properly assigned by ALL parties to the transaction.  By now it should be clear to all involved that, in reality, this rarely occurred during the last decade.  Max refers to this as the “Alphabet Problem.”

The Role of the UCC

If you are going to attack the secured status of the Trustee of residential mortgage backed securitized trusts, you must be fluent in “UCC” or as Max might say in the “ABC’s”.

Various Articles of the Uniform Commercial Code cover aspects of how a residential mortgage note in a securitized transaction should be transferred.  Max is of the opinion that a residential mortgage note is NOT a negotiable instrument under Article 3 of the UCC and that Pooling and Servicing Agreements actually constitute “otherwise agreed” mandatory methods of perfection as permitted by Article 1-302 of the UCC.

According to one of Max’s recent articles…

“A review of all of the recent “standing” and “real party in interest” cases decided by the bankruptcy courts and the state courts in judicial foreclosure states all arise out of the inability of the mortgage servicer or the Trust to “prove up” an unbroken chain of “assignments and transfers” of the mortgage notes and the mortgages from the originators to the sponsors to the depositors to the trust and to the master document custodian for the trust.

As is likely stated in the PSA, however, the parties have represented and warranted that there is “a complete chain of endorsements from the originator to the last endorsee” for the note. And, the Master Document Custodian must file verified reports that it in fact holds such documents with all “intervening” documents that confirm true sales at each link in the chain.”

If you’re serious about winning the battle against foreclosure fraud for your clients don’t miss this opportunity to learn from the some of the top legal minds in the country how to drill down into the details of securitization and the impact of the UCC… specifically adapted to New York state law.

Attendees in New York will learn about such topics as…

  • Fannie & Freddie’s Securitization Model & Master Trust Agreements
  • The Ginnie Mae Securitization Model
  • Master Servicers, Primary Servicers, Back-Up Servicers, Default Servicers, Speciality Servicers and Sub-Servicers
  • The REMIC Tax Act of 1986 and REMIC Tax Opinions
  • Role of Pooling & Servicing Agreements & Section 1-302 of the UCC and PSA
  • New York and Delaware Trust Law
  • Custodians and the Custodial Guide & Agreements
  • The Mortgage Electronic Registration System – MERS as Original Mortgage , MERS as Assignee, the Agency Theory of MERS, MERS and Delaware Corporate Law
  • What is a Negotiable Note Under Article 3 of the UCC?
  • Section 2.01 of the PSA and Non-Negotiability
  • Article 9 of the UCC and Mortgage Notes
  • Mortgage Loan Sale Agreements, Mortgage Schedules as Defined by the PSA and the Mortgage Custodial File as Required by the PSA

And there’s much more on the agenda, so that’s only the beginning of what will make this event immediately invaluable to your practice.  Now, take a look at from whom you’ll be learning…

Speakers at the New York City seminar include:

Judge Arthur Schack – New York Supreme Court Justice who has gained notoriety for taking the unusual stance “If you are going to take away someoneʼs house, everything should be legal and correct.”

Hon. Samuel L. Bufford – a former United States Bankruptcy Judge in the Central District of California, where he served for twenty-five years and presided over nearly 100,000 cases. Widely regarded as one of the foremost scholars of U.S. and comparative insolvency law, his teaching interests include bankruptcy, international and comparative insolvency law, commercial transactions, and international business transactions.”

Tara Twomey – Of Counsel to the National Consumer Law Center and the Amicus Project Director for the National Association of Consumer Bankruptcy Attorneys. She is currently a Lecturer in Law at Stanford, and has previously lectured at Harvard and Boston College Law Schools.

Thomas Cox – The attorney responsible for setting off the temporary freeze against foreclosures.

Richard Shepherd – Former Vice-President and General Counsel for Saxon Mortgage (now Morgan Stanley)

Margery Golant – Former Assistant General Counsel at Ocwen Financial Corporation and Department Manager of a major plaintiffʼs foreclosure firm

Jay Patterson – A leading Certified Fraud Examiner and Forensic Accountant.

If you’re serious about foreclosure defense, you can’t afford to miss it.

The cost to attend is only $1999.

Past attendees of  a Max Gardner training seminar receive a $400 discount!

~~~

2. Did You Miss Max in Las Vegas Last Year?

Operation Strike Back in Vegas… Now on Video!

Only $999.

To-date, Max Gardner has trained more than 800 attorneys to better represent homeowners against banks and mortgage servicers.  But, if you missed Max when he was in Las Vegas last year with Operation Strike Back, you don’t have to miss out on the training.  You can still get that education by purchasing the event on video.  It’s the next best thing to being there, at a fraction of the cost.

Max Gardner is nationally recognized as the most successful foreclosure defense and consumer bankruptcy attorney in the country.  For the past 30 years, Max’s practice has represented the interests of consumers against banks, mortgage servicers, and creditors in general.

There’s nothing like a professional education program led by Max Gardner.  Max gives attorneys real life experience… there’s nothing theoretical about what Max teaches, in fact, you’ll likely learn things that you’ll put to work during one of the breaks by calling your office and giving new instructions.

A SPECIAL SESSION ON MORTGAGE SECURITIZATION & SERVICING

Forget Anti-Mortgage Modification Provisions of Chapter 13.

Forget HAMP Trial Mods.

Throw Out Mortgage Strips and Mortgage Straps!

The Future of Your Client’s Mortgage Hangs on These HOT New Issues:

SECURITIZATION, PERFECTION & FOLLOWING THE MONEY

Do You Want to Secure a Sustainable Mortgage for Your Client?

  • Attack the secured status of the Trustee of Residential Mortgage backed securitized trusts; or
  • Attack what servicers have done with the Debtor’s money.

Proven strategies directly from the attorney BusinessWeek called
“the go-to guy for consumer bankruptcy attorneys across the country.”

LEARN PRACTICAL TOOLS THAT CAN:

  • Convert your client’s mortgage to unsecured debt.
  • Wipe out hundreds or thousands of dollars in bogus fees/improperly accrued interest.
  • Keep the mortgage servicer’s “evidence” from entering the record and get your evidence into the record.
  • Put cash in your clients’ pockets and your own.

WE’LL SHOW YOU:

  • How to deconstruct an MSP life of loan transactional history and create a worksheet a judge can understand.
  • How to prove servicers wrong when they’re “sticking to their story.”
  • All you ever wanted to know about MERS (and how it helps you).
  • Who owns the Mortgage & Foreclosure Law Firms and the Structure, Organization and Chain of Command.
  • What you need to know about Authentication of Evidence Rules as Applied to Affidavits.
  • Roles of the US Trustee, Mortgage Servicers, Outsource Providers and Foreclosure/Bankruptcy Mills.
  • Who signs the documents and why this matters.
  • … and much, much more!

Max’s all-star team of former mortgage industry professionals, forensic accountants, software consultants and others to help you understand what’s really going on inside the mortgage industry and how to use it to your client’s advantage.

  • Richard D. Shepherd – Former VP and General Counsel for Saxon Mortgage and Meritech Mortgage.
  • Kathleen CullyFormer Managing Director, General Counsel, ACA Capital Holdings Inc. & CIFG Group.
  • Walter Hackett – Longtime Mortgage Industry Insider. If the process has been computerized, Walter knows how, when, where and by whom.
  • Jay Patterson – Certified Fraud Examiner and Forensic Accountant, President of Full Disclosure, LLC.  A leading Forensic Accountant on Mortgage Servicing and Securitization more than 20 times by state and federal courts in mortgage servicing litigation.  A current Fannie- and Freddie-approved mortgage foreclosure and bankruptcy attorney.
  • Nick WootenA Boot Camp grad who recently completed a trial where he presented unrebutted testimony of highly qualified experts that devastated the “typical” securitized trusts’ arguments regarding chain of title. He’ll give us all the juicy details that are still causing a buzz in the community.

A true “Woodward and Bernstein” follow the money approach to tell you where all the notes are buried and how to follow the document and money trails.

GET MAX ON VIDEO…

And take your practice to the Max…

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~~~

3. Four and a half days of intensive, incomparable education for lawyers.

Max Gardner’s Bankruptcy Boot Camp

On Max’s Ranch in Shelby, North Carolina

There are very few events in life that simply should not be missed under any circumstances.  In my opinion, for attorneys representing homeowners at rick of foreclosure,  this is unquestionably such an event.  Max Gardner is nationally recognized as the country’s most successful consumer bankruptcy litigation and foreclosure attorney.  He’s tried 102 jury trials and only lost two… but one of those he re-tried… and won.  He’s very likely beaten more banks, mortgage servicers and general creditors than any lawyer in the nation.


Over 800 attorneys have made the pilgrimage back to Shelby, North Carolina to spend just shy of five very intense days at one of Max’s Bankruptcy Litigation, or Securitization Bootcamps, held on Max’s 160 acre ranch in the Western mountains of that beautiful state.  Classes at the ranch are held 12 hours a day, and when you’re not learning the latest legal strategies for beating the banks, you’re either eating (the food is spectacular), or sleeping (the accommodations are five star).


There’s no professional education program like it anywhere in the country, Max basically gives attorneys his thirty-year law practice in a box with easy assembly instructions and ongoing support.  And there’s nothing theoretical about what Max teaches, in fact, you’ll likely learn things that you’ll put to work during one of the breaks by calling your office and giving new instructions.

READ WHAT OTHERS HAD TO SAY ABOUT BOOT CAMP…

My time with Max changed the trajectory of my legal career.
– Nick Wooten

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Click on the icon above to hear a podcast with Max Gardner.

If you’re serious about successfully representing homeowners at risk of foreclosure against banks and mortgage servicers, then there’s nowhere else to go… nothing even comes close to attending Max Gardner’s Boot Camp.

~~~

A Note from Mandelman…

By the way… when you purchase any of Max’s training products here, Max will donate 10% to Mandelman Matters, a California non-profit corporation by the way, and I’ll be using those funds to cover production costs of the documentary on the foreclosure crisis currently in production.  So… if you’re think of buying the Las Vegas Videos, or anything else that Max has to offer, please click and buy it here.  Thank you.

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
19

Optimism Lost, and by Optimism, I mean Ben Bernanke and the NYT


The New York Times ran a story yesterday under the headline: Gloom Grips Consumers, and it May Be Home Prices.  And all I could think to say was… “MAY?”

It “MAY” be home prices?  Like maybe it’s NOT home prices?  Okay, I get it… maybe it’s that Charlie Sheen isn’t on “Two and a Half Men” anymore?  That could be it, I suppose, it’s sure as heck got me down.

The Times story quotes the patriarch of the Markey family, who apparently lost his stone cutting business in 2009, sold the family home for half a million less than its value during the bubble and moved into a smaller one, gave up two new cars and bought a used one… you know, they Obamasized.

(I think that’s what we should call it when that sort of thing happens.  You know, there’s downsize, there’s upsize and then there’s Obamasize.)

The Times quoted Mr. Markey…

“For two years I kept thinking that things would get better,” Mr. Markey, 51, said as he stood in his empty store on a recent weekday. “Now I think the future doesn’t look so good.”

According to the Times, we the people have a “confidence problem.”  They say we’ve “turned gloomy about tomorrow,” and as consumers we’re “holding back.”

I’m sorry, but is that the problem?  It’s a crisis of confidence?  Like, all we need is a little counseling?  Like, a thousand Dr. Phils is all we need to save the economy?

I think the nice folks at the New York Times have been spending too much time at Zabars?  Because I’m pretty sure it’s not a confidence deficiency… I think it’s money we’re missing… as in income, and the lack of available credit, isn’t that right?

Okay, whatever… so, then the Times story said the following:

“There are good reasons for gloom — incomes have declined, many people cannot find jobs, few trust the government to make things better — but as Federal Reserve chairman, Ben S. Bernanke, noted earlier this year, those problems are not sufficient to explain the depth of the funk.”

The first part is fine… incomes down… check.  Homes haven’t just declined… they’ve been cut in half or more.  No jobs… okay.  Trust the government to make things better… ummm, well… that would be… absolutely no one.

But Ben Bernanke noted that the problems aren’t sufficient to explain the depth of the funk?  Bernanke noted that, did he?  Are you f#@king kidding me?  Is that what that dismal-science-doofus said?  Well, therein lies the heart of the problem.  You want top know why no one trusts the government to make things better?  Well, there you have it… ladies and gentlemen… I give you Ben Bernutcase.

Okay, back to the Times story…

“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.”

Did I read that correctly?  Economists are arguing as to whether the collapse of housing prices is a “CRITICAL AND UNDERAPPRECIATED IMPEDIMENT TO RECOVERY?”

Critical AND underappreciated?  How can something be critical AND underappreciated?  Doesn’t someone get fired if something is found to be both critical AND underappreciated?  Because I can think of situations in which you get killed because of something being critical AND underappreciated.

Alright… I have to calm down.  I have a daughter.

What in the… No, I can’t… it’s just that… oh my God… but did they just… I’m going to… you know what… no, no way am I going to… even if they aren’t… or even if they are, because… what I want to say is… no, they shouldn’t… how can they… stop, wait… calm… should I just… Holy Mother of… if he doesn’t shut the… I think the only way… but not if… don’t they ever… but what about… no, as I walk through the valley of the shadow of death I shall fear no evil… arrrggghhhh.

You see… that wasn’t even productive.  They’ve reduced me to being a babbling brook, I’m starting to talk like Mark Zandi on Lithium.  Sure, you can laugh, but what if someday, I read something like that… critical AND underappreciated… and my head explodes?  What then, right?  Who will be laughing then, I ask you?

Critical AND underappreciated… hmmm… kind of like essential but unrecognized.  I really can’t take much more of this sort of thing.

Are those grown up economists they’re referring to, or are we talking about 8 year-old economists?  Are they human economists… is it possible we’ve got armadillo economists on the job. Because I would totally understand if an armadillo economist got that wrong.  I mean armadillos don’t even talk or anything, right?  They’re like possums from New Mexico, right?  Someone please… tell me we’ve hired armadillo economists.

And then the Times said the following:

Many say they believe that the bust has permanently changed their financial trajectory.

Well, let me tell you about that, since there’s obviously no chance whatsoever of you figuring anything out on your own.  They didn’t think that way when the economic downturn happened.  But after watching you guys botch everything you’ve touched over the last few years, while telling us we’re having a recovery, and well… you know, had someone read my blog for the last two years, you could have avoided all of this, does anyone realize that?

And back to the Times story…

“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. The latest data from the survey, released Friday by Thomson Reuters, shows that expectations for economic growth have fallen to the lowest level since May 1980.

I’ve had professors like this guy Richard Curtin before, unable to think without instructions and a road map.  The guy’s probably a brilliant something-or-other, but we wouldn’t recognize what that might be if someone drew up a picture.

Now, that’s nothing… wait until you read this next paragraph…

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. A 2007 review of existing research by the Congressional Budget Office reported that people reduce spending by $20 to $70 a year for every $1,000 decline in the value of their home.

Okay, that’s it… ball four… take a hike… you’re done.  Stop it right now.  Back away from the research report, guys… you’re going to get us killed.  Seriously, if this isn’t scaring the heck out of you, then let me just remind you that this is The New York Times we’re reading here… this is the smart newspaper.  God help those who get their news by looking at the pictures in USA Today.

Alright, I wasn’t going to do this but give me one more… sure I’m scared, but go ahead…

“This “wealth effect” is significantly larger for changes in home equity than in the value of other investments, such as stocks, apparently because people regard changes in housing prices as more likely to endure.”

Oh dear God.  Okay, I have two very important things to say:

A. I’m not going to go search for it now, but I wrote about that very concept two years ago.  I wrote that the “wealth effect” that economists have been studying and linking to the stock market was actually wrong.  It was always housing, not the stock market, with the possible exception of 1998-1999, and even then, not really.

When they would correlate the stock market to the wealth effect, it was always at a time when housing prices were at least stable and more than likely appreciating.  So, they thought it was the stock market, but really the stock market was never a primary or independent variable, homes were always primary and independent.

Why the heck do you think I’ve been writing what I’ve been writing for the last three years?  Oh God… talk about wasting time and money, do you know how much money I’ve spent to accomplish absolutely nothing… I feel sick… this is what NASA must feel like all the time.

B. And “apparently because people regard changes in housing prices as more likely to endure?”  No, no, no… which one of your robot reports told you that, genius?  That’s wrong, wrong, wrong.  Don’t you know any actual people… I mean real people… not like my parents kind of people, but real, regular people?  You really don’t, do you?

Okay, look… and pay attention please, you need to understand this or we’re all screwed.  Houses are America’s long-term savings account… money we can’t get out of an ATM.  Stocks we know go up and down, but we also know that we have a very definite tendency to buy high and sell low.

You can’t even find a CPA in this country who can tell you what his or her average return on stocks has been for the last ten or twenty years… or five, for that matter.  No one knows the answer to that question, and it’s not because they can’t do the math.  It’s because they don’t want to know the answer.

But, you see… our homes are our retirement safety net.  We don’t care what our ROI is, we’ll pay them off in 30 years and then have something significant no matter what.  We’ll start saving at 55 too, and probably put away something more as well, but no mater what… we’ll have our homes… and they’ll be worth a significant amount, and there’s no way we’re willing to drive this country through our consumer spending without them.

You can’t even find a CPA in this country who can tell you what his or her average return on stocks has been for the last ten or twenty years… or five, for that matter.  No one knows the answer to that question, and it’s not because they can’t do the math.  It’s because they don’t want to know the answer.

But, you see… our homes are our retirement safety net.  We don’t care what our ROI is, we’ll pay them off in 30 years and then have something significant no matter what.  We’ll start saving at 55 too, and probably put away something more as well, but no mater what… we’ll have our homes… and they’ll be worth a significant amount, and there’s no way we’re willing to drive this country through our consumer spending without them.

But, what you’ve allowed to happen is inconceivable to us.  You stood by while Wall Street gazillionaires defrauded the planet and shut down the credit markets completely and possibly forever.  Then you let that fester and grow such that housing prices went into a free fall.  And you did all that right after allowing mortgage bankers to sell us a bunch of loan products expressly designed to be refinanced every few years.

It’s the trifecta of idiocy.

Worse still, when you had a chance to do something about it, you blew it at every single turn in the road… HAMP being one of your greatest hits, but there were lots of others.  And like sprinkles on top of a cupcake, you did nothing while our mortgage servicers did everything they could think of to abuse us… except literally peeing in our hair.

Hey Democrats… remember the midterms?  When you guys got shellacked, as the president put it?  Are you picking up on why that happened yet?  Is any of this ringing any bells, you collection of oblivious potted plants?  I knew Obama was actually surprised that you guys lost so badly… I knew it.  He really was surprised.  And I’m sure it’s because someone’s research report didn’t indicate the proper coordinates or some such nonsense.

Here’s a tip for next time… LEAVE YOUR OFFICES.  You’re welcome to call me and I’ll take you for a drive around real America anytime.  Actually, you probably don’t recall, but I offered that several times last time around too.  Leave your research reports behind, you won’t need to determine anything statistically significant, I promise.  It’ll be overwhelmingly in one direction.

Okay, NYT… let me have it…

“A recent paper by Karl E. Case, an economics professor at Wellesley College, and two co-authors estimated the decline in home prices from 2005 to 2009 caused consumer spending to be $240 billion lower in 2010 than it otherwise would have been. That figure is equal to about 1.7 percent of annual economic activity, enough to be the difference between the mediocre recent growth and healthy growth. And it does not include all the other effects of the housing crash, including the low level of new home construction, that are also weighing on the economy.”

You guys would turn checkers into chess, wouldn’t you?  It’s checkers, damn it… just checkers.  This is America… we play checkers.  Chess is for communists.  Just go on, I’m not even going to respond to that paragraph… it’s too stupid for words and I don’t want to encourage you to do more of that sort of thing.  That’s the kind of crap that got you and us in all this trouble, got it?  Cut it out right now.

And someone please say the following to Professor Case… “Alrighty now, we’ll let you go back to bed now.”

Let’s move along…

“Roy Pugsley, who owns a pool supply stor 2010ore in Winter Garden, another suburb here, said that he made 2,500 fewer sales during the first eight months of 2011 compared with the same period in 2007. That translates to one less person walking through the doors to buy chemicals or toys or spare parts in each hour that the store is open.”

Hey, now you’re getting closer… was that so difficult to do?  Was Ron Pugsley too busy to speak with you in 2008, 2009, or 2010?  Did you have trouble getting a meet up with the Pugmeister?  Call me next time, I’ll make sure you get in.

Is there really more?  Seriously?  And people say I write long articles….

“Mr. Pugsley said business actually increased in the early days of the recession; customers had told him they were spending more time at home. But now people buy only what they need for maintenance. “People realized that it wasn’t going to get any better, and they stopped spending on their pools, too,” he said.”

Now, do you see how quickly old Pug figured out what was happening there?  He didn’t need a research report.  He was just using his good old, God-given common sense.  All business owners have it.  We keep our finger on the pulse, because if we don’t… we go broke, our children can’t keep up with their peers, and our wives leave us for their dentists.  That’s some seriously motivating stuff, right there, let me tell you.  Plus there’s payroll, which for us, doesn’t just show up on a cloud from above.

Okay, next slide:

“At Milcarsky’s Appliance Center in the adjacent town of Longwood, business now comes from people remodeling their own homes rather than builders, and customers are picking cheaper models, said Doug Morey, a sales manager.”

Ahhh, good old Milcarsky’s… a darn fine place to pick up an appliance.  But, one question… why are we talking to Doug the sales guy?  Only time we need to talk to Doug is when we’re in the market for an appliance.

“People who might have bought that” — he taps a stove with chunky burners, designed to look like it belongs in a restaurant kitchen — “are double-thinking it. Everyone has had to cut back.”

See what I mean.  Double-thinking it?  Everyone had to cut back, so duh?  That’s not helpful.  Keep going…

“That means Milcarsky’s has cut back too. The company, which employed 26 people three years ago, now has about a dozen workers, and they are making less in salary and commissions.”

See, you didn’t get that from Doug, now did you?  Nope, you got that information from old man Milcarsky himself, am I right.  Or, maybe from his wife if she still comes in to look over the bookkeeper’s shoulder one a week.  Right?  Yes, I’m right.  Doug wouldn’t know that, and if I have to explain why that is, then you need serious lessons in small business management.

Next slide…

“I might like to think that I’m middle class, but I’m not. I’m not anymore,” said Rae-Anne Crotty, a customer service manager at the store. She now shops for groceries at discount stores, she said, and buys gifts for her children at Christmas but not on their birthdays.

No, no, no… you don’t need this information.  Anne may have liked to think she’s middle class, but she wasn’t before and she’s not now.  She should have been shopping at discount stores all along, and it’s not her whose lifestyle has changed… it’s the Milcarskys.

Also, don’t let Anne fool you.  If she really didn’t buy her kids birthday presents, and I doubt that very much, then it’s because she either took them on a vacation instead or her parents spoiled them both with new bikes and a day at the amusement park.  Care to bet on whether I’m right?

Next slide…

“It remains the prevailing view of economic policy makers that economic activity will eventually return to the same trajectory as before the recession. Mr. Bernanke and others have said that they see no evidence of any permanent change in the economy. Previous bouts of economic pessimism, as in the early 1980s and early 1990s, went away once growth picked up.”

See, we’re in real trouble, that man runs the Fed.  But at least we’ve identified the source of the problem, or at least one of the sources.  I should have known it was him.  My parents are college professor types, as are their friends, and none of them could keep a hot dog stand open for the summer either.

Bernanke hasn’t been right yet, since the meltdown began during the summer of 2007, and in fact he doesn’t even seem to know that the meltdown began during the summer of 2007.

Just the fact that he and others could possibly say that they see no evidence of permanent change in the economy is more than enough for me… can I meet with him for an hour please?  I’m serious… I could get this problem fixed in a jiffy… all I need is an hour… two if he’s as obtuse as he appears.  How do I go about getting a sit down with Gentle Ben?

How about this for something of which he and his pals could take note… I’ll make it a riddle:

Of all of the events and factors involved in this meltdown, what’s the one thing that has never happened before in our history?  What’s the one thing that is entirely unprecedented?

Want a hint?  Okay, it began on July 10, 2007.  No?  Okay, whatever it was, we haven’t seen another one of these sold, since the summer of 2007?  Still no?  Come on, work with me here… this isn’t that hard.

The securitization market froze solid… the credit markets… there have been no private securitizations to speak of since the credit markets froze beginning on July 10, 2007.  The credit markets are frozen because no one trusts the ratings.

I know I used this line in one of my last articles, but I’m going to use it again.  Instead of calling it the “abrupt re-pricing of risk,” I suggested we call it, “the abrupt reduction in trust.”

We’re a credit-based economy and our credit markets are frozen stuck because no one trusts the credit ratings on bonds anymore.  So, 97-98% of all lending is the government ever since the summer of 2007.  Hasn’t Ben noticed that?  He must have been too busy taking in garbage assets so he could loan $3 trillion trillion or so.

So, no credit markets in a credit-based economy… doesn’t that sound like it could put a crimp in things?  Of course, now that you’ve let us drive directly off the cliff, we have precious few qualified buyers anyway.  But even when that gets better, no one is going to buy MBSs, or ABSs, or anything derived from those vehicles until we fix what was broken about ours.  Capisce?

And only government credit won’t cut it.  That will lead to deflation and a permanent change.  And Ben better wake up to that fact soon, or we really are going to starve to death and in more ways than one.

Oh, and did you notice the last sentence above… from the economists and Bernanke…

“Previous bouts of economic pessimism, as in the early 1980s and early 1990s, went away once growth picked up.”


That has nothing to do with now.  This is a demand side recession, not a supply side recession.  What happened in the early 1980s is entirely irrelevant.  For one thing, it was the end of a 16-year bear market that went from 1966-1982, during which the Dow returned -6% a year.  (And I don’t need to look that up for a source, just trust me, it’s right.)

And the beginning of the 1990s wasn’t saved by anything but the dot-com bubble, so what does that have to do with broken credit markets and housing down by 50% plus… and has it occurred to anyone that there’s also the aging population… baby boomers… lots older now than in the early 90s.  Older means spends less, right?

So, stop looking in your review mirror Ben… and keep you eyes on the road… you’re driving me crazy looking backwards like that, and one of these days we’re going to run straight into a cement divider and burst into flames.

Last slide… remember Mr. Marjey from the beginning of the article… okay good…

The business Mr. Markey created, Stone Giant, grew to include two factories and 60 employees, and it installed granite countertops in up to 15 new kitchens every day.

His new company, Winter Park Granite, now installs two kitchens on the average day. He has eight employees but cannot afford health insurance for them or himself.

The family income last year was less than a third of the $175,000 that he and his wife made in 2007, their last good year.

And he sees little room for growth. He has stopped spending money on advertising.

“We’re never going to get that big again,” he said. “I was someone employing people and taking people to the good life. Now I’m just trying to survive.”

So, what do you suppose that looks like to Ben?  Someone who is absent adequate confidence?  From 60 employees to 8, and even at that they can’t afford health insurance… and income that’s one third of what they made in 2007… plus no money for advertising… just trying to survive.  Anyone think this guy is voting for Obama in 2012?  Or bouncing back in 2013 or 2014?

Yep, sure sounds like a blip on the map to me.  Probably pick back up… well, maybe never.

Are we ready to get behind something to fix this Keystone Cops movie?  Or isn’t the pain acute enough yet?

Mandelman out.

Oct
19

Optimism Lost, and by Optimism, I mean Ben Bernanke and the NYT


The New York Times ran a story yesterday under the headline: Gloom Grips Consumers, and it May Be Home Prices.  And all I could think to say was… “MAY?”

It “MAY” be home prices?  Like maybe it’s NOT home prices?  Okay, I get it… maybe it’s that Charlie Sheen isn’t on “Two and a Half Men” anymore?  That could be it, I suppose, it’s sure as heck got me down.

The Times story quotes the patriarch of the Markey family, who apparently lost his stone cutting business in 2009, sold the family home for half a million less than its value during the bubble and moved into a smaller one, gave up two new cars and bought a used one… you know, they Obamasized.

(I think that’s what we should call it when that sort of thing happens.  You know, there’s downsize, there’s upsize and then there’s Obamasize.)

The Times quoted Mr. Markey…

“For two years I kept thinking that things would get better,” Mr. Markey, 51, said as he stood in his empty store on a recent weekday. “Now I think the future doesn’t look so good.”

According to the Times, we the people have a “confidence problem.”  They say we’ve “turned gloomy about tomorrow,” and as consumers we’re “holding back.”

I’m sorry, but is that the problem?  It’s a crisis of confidence?  Like, all we need is a little counseling?  Like, a thousand Dr. Phils is all we need to save the economy?

I think the nice folks at the New York Times have been spending too much time at Zabars?  Because I’m pretty sure it’s not a confidence deficiency… I think it’s money we’re missing… as in income, and the lack of available credit, isn’t that right?

Okay, whatever… so, then the Times story said the following:

“There are good reasons for gloom — incomes have declined, many people cannot find jobs, few trust the government to make things better — but as Federal Reserve chairman, Ben S. Bernanke, noted earlier this year, those problems are not sufficient to explain the depth of the funk.”

The first part is fine… incomes down… check.  Homes haven’t just declined… they’ve been cut in half or more.  No jobs… okay.  Trust the government to make things better… ummm, well… that would be… absolutely no one.

But Ben Bernanke noted that the problems aren’t sufficient to explain the depth of the funk?  Bernanke noted that, did he?  Are you f#@king kidding me?  Is that what that dismal-science-doofus said?  Well, therein lies the heart of the problem.  You want top know why no one trusts the government to make things better?  Well, there you have it… ladies and gentlemen… I give you Ben Bernutcase.

Okay, back to the Times story…

“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.”

Did I read that correctly?  Economists are arguing as to whether the collapse of housing prices is a “CRITICAL AND UNDERAPPRECIATED IMPEDIMENT TO RECOVERY?”

Critical AND underappreciated?  How can something be critical AND underappreciated?  Doesn’t someone get fired if something is found to be both critical AND underappreciated?  Because I can think of situations in which you get killed because of something being critical AND underappreciated.

Alright… I have to calm down.  I have a daughter.

What in the… No, I can’t… it’s just that… oh my God… but did they just… I’m going to… you know what… no, no way am I going to… even if they aren’t… or even if they are, because… what I want to say is… no, they shouldn’t… how can they… stop, wait… calm… should I just… Holy Mother of… if he doesn’t shut the… I think the only way… but not if… don’t they ever… but what about… no, as I walk through the valley of the shadow of death I shall fear no evil… arrrggghhhh.

You see… that wasn’t even productive.  They’ve reduced me to being a babbling brook, I’m starting to talk like Mark Zandi on Lithium.  Sure, you can laugh, but what if someday, I read something like that… critical AND underappreciated… and my head explodes?  What then, right?  Who will be laughing then, I ask you?

Critical AND underappreciated… hmmm… kind of like essential but unrecognized.  I really can’t take much more of this sort of thing.

Are those grown up economists they’re referring to, or are we talking about 8 year-old economists?  Are they human economists… is it possible we’ve got armadillo economists on the job. Because I would totally understand if an armadillo economist got that wrong.  I mean armadillos don’t even talk or anything, right?  They’re like possums from New Mexico, right?  Someone please… tell me we’ve hired armadillo economists.

And then the Times said the following:

Many say they believe that the bust has permanently changed their financial trajectory.

Well, let me tell you about that, since there’s obviously no chance whatsoever of you figuring anything out on your own.  They didn’t think that way when the economic downturn happened.  But after watching you guys botch everything you’ve touched over the last few years, while telling us we’re having a recovery, and well… you know, had someone read my blog for the last two years, you could have avoided all of this, does anyone realize that?

And back to the Times story…

“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. The latest data from the survey, released Friday by Thomson Reuters, shows that expectations for economic growth have fallen to the lowest level since May 1980.

I’ve had professors like this guy Richard Curtin before, unable to think without instructions and a road map.  The guy’s probably a brilliant something-or-other, but we wouldn’t recognize what that might be if someone drew up a picture.

Now, that’s nothing… wait until you read this next paragraph…

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. A 2007 review of existing research by the Congressional Budget Office reported that people reduce spending by $20 to $70 a year for every $1,000 decline in the value of their home.

Okay, that’s it… ball four… take a hike… you’re done.  Stop it right now.  Back away from the research report, guys… you’re going to get us killed.  Seriously, if this isn’t scaring the heck out of you, then let me just remind you that this is The New York Times we’re reading here… this is the smart newspaper.  God help those who get their news by looking at the pictures in USA Today.

Alright, I wasn’t going to do this but give me one more… sure I’m scared, but go ahead…

“This “wealth effect” is significantly larger for changes in home equity than in the value of other investments, such as stocks, apparently because people regard changes in housing prices as more likely to endure.”

Oh dear God.  Okay, I have two very important things to say:

A. I’m not going to go search for it now, but I wrote about that very concept two years ago.  I wrote that the “wealth effect” that economists have been studying and linking to the stock market was actually wrong.  It was always housing, not the stock market, with the possible exception of 1998-1999, and even then, not really.

When they would correlate the stock market to the wealth effect, it was always at a time when housing prices were at least stable and more than likely appreciating.  So, they thought it was the stock market, but really the stock market was never a primary or independent variable, homes were always primary and independent.

Why the heck do you think I’ve been writing what I’ve been writing for the last three years?  Oh God… talk about wasting time and money, do you know how much money I’ve spent to accomplish absolutely nothing… I feel sick… this is what NASA must feel like all the time.

B. And “apparently because people regard changes in housing prices as more likely to endure?”  No, no, no… which one of your robot reports told you that, genius?  That’s wrong, wrong, wrong.  Don’t you know any actual people… I mean real people… not like my parents kind of people, but real, regular people?  You really don’t, do you?

Okay, look… and pay attention please, you need to understand this or we’re all screwed.  Houses are America’s long-term savings account… money we can’t get out of an ATM.  Stocks we know go up and down, but we also know that we have a very definite tendency to buy high and sell low.

You can’t even find a CPA in this country who can tell you what his or her average return on stocks has been for the last ten or twenty years… or five, for that matter.  No one knows the answer to that question, and it’s not because they can’t do the math.  It’s because they don’t want to know the answer.

But, you see… our homes are our retirement safety net.  We don’t care what our ROI is, we’ll pay them off in 30 years and then have something significant no matter what.  We’ll start saving at 55 too, and probably put away something more as well, but no mater what… we’ll have our homes… and they’ll be worth a significant amount, and there’s no way we’re willing to drive this country through our consumer spending without them.

You can’t even find a CPA in this country who can tell you what his or her average return on stocks has been for the last ten or twenty years… or five, for that matter.  No one knows the answer to that question, and it’s not because they can’t do the math.  It’s because they don’t want to know the answer.

But, you see… our homes are our retirement safety net.  We don’t care what our ROI is, we’ll pay them off in 30 years and then have something significant no matter what.  We’ll start saving at 55 too, and probably put away something more as well, but no mater what… we’ll have our homes… and they’ll be worth a significant amount, and there’s no way we’re willing to drive this country through our consumer spending without them.

But, what you’ve allowed to happen is inconceivable to us.  You stood by while Wall Street gazillionaires defrauded the planet and shut down the credit markets completely and possibly forever.  Then you let that fester and grow such that housing prices went into a free fall.  And you did all that right after allowing mortgage bankers to sell us a bunch of loan products expressly designed to be refinanced every few years.

It’s the trifecta of idiocy.

Worse still, when you had a chance to do something about it, you blew it at every single turn in the road… HAMP being one of your greatest hits, but there were lots of others.  And like sprinkles on top of a cupcake, you did nothing while our mortgage servicers did everything they could think of to abuse us… except literally peeing in our hair.

Hey Democrats… remember the midterms?  When you guys got shellacked, as the president put it?  Are you picking up on why that happened yet?  Is any of this ringing any bells, you collection of oblivious potted plants?  I knew Obama was actually surprised that you guys lost so badly… I knew it.  He really was surprised.  And I’m sure it’s because someone’s research report didn’t indicate the proper coordinates or some such nonsense.

Here’s a tip for next time… LEAVE YOUR OFFICES.  You’re welcome to call me and I’ll take you for a drive around real America anytime.  Actually, you probably don’t recall, but I offered that several times last time around too.  Leave your research reports behind, you won’t need to determine anything statistically significant, I promise.  It’ll be overwhelmingly in one direction.

Okay, NYT… let me have it…

“A recent paper by Karl E. Case, an economics professor at Wellesley College, and two co-authors estimated the decline in home prices from 2005 to 2009 caused consumer spending to be $240 billion lower in 2010 than it otherwise would have been. That figure is equal to about 1.7 percent of annual economic activity, enough to be the difference between the mediocre recent growth and healthy growth. And it does not include all the other effects of the housing crash, including the low level of new home construction, that are also weighing on the economy.”

You guys would turn checkers into chess, wouldn’t you?  It’s checkers, damn it… just checkers.  This is America… we play checkers.  Chess is for communists.  Just go on, I’m not even going to respond to that paragraph… it’s too stupid for words and I don’t want to encourage you to do more of that sort of thing.  That’s the kind of crap that got you and us in all this trouble, got it?  Cut it out right now.

And someone please say the following to Professor Case… “Alrighty now, we’ll let you go back to bed now.”

Let’s move along…

“Roy Pugsley, who owns a pool supply stor 2010ore in Winter Garden, another suburb here, said that he made 2,500 fewer sales during the first eight months of 2011 compared with the same period in 2007. That translates to one less person walking through the doors to buy chemicals or toys or spare parts in each hour that the store is open.”

Hey, now you’re getting closer… was that so difficult to do?  Was Ron Pugsley too busy to speak with you in 2008, 2009, or 2010?  Did you have trouble getting a meet up with the Pugmeister?  Call me next time, I’ll make sure you get in.

Is there really more?  Seriously?  And people say I write long articles….

“Mr. Pugsley said business actually increased in the early days of the recession; customers had told him they were spending more time at home. But now people buy only what they need for maintenance. “People realized that it wasn’t going to get any better, and they stopped spending on their pools, too,” he said.”

Now, do you see how quickly old Pug figured out what was happening there?  He didn’t need a research report.  He was just using his good old, God-given common sense.  All business owners have it.  We keep our finger on the pulse, because if we don’t… we go broke, our children can’t keep up with their peers, and our wives leave us for their dentists.  That’s some seriously motivating stuff, right there, let me tell you.  Plus there’s payroll, which for us, doesn’t just show up on a cloud from above.

Okay, next slide:

“At Milcarsky’s Appliance Center in the adjacent town of Longwood, business now comes from people remodeling their own homes rather than builders, and customers are picking cheaper models, said Doug Morey, a sales manager.”

Ahhh, good old Milcarsky’s… a darn fine place to pick up an appliance.  But, one question… why are we talking to Doug the sales guy?  Only time we need to talk to Doug is when we’re in the market for an appliance.

“People who might have bought that” — he taps a stove with chunky burners, designed to look like it belongs in a restaurant kitchen — “are double-thinking it. Everyone has had to cut back.”

See what I mean.  Double-thinking it?  Everyone had to cut back, so duh?  That’s not helpful.  Keep going…

“That means Milcarsky’s has cut back too. The company, which employed 26 people three years ago, now has about a dozen workers, and they are making less in salary and commissions.”

See, you didn’t get that from Doug, now did you?  Nope, you got that information from old man Milcarsky himself, am I right.  Or, maybe from his wife if she still comes in to look over the bookkeeper’s shoulder one a week.  Right?  Yes, I’m right.  Doug wouldn’t know that, and if I have to explain why that is, then you need serious lessons in small business management.

Next slide…

“I might like to think that I’m middle class, but I’m not. I’m not anymore,” said Rae-Anne Crotty, a customer service manager at the store. She now shops for groceries at discount stores, she said, and buys gifts for her children at Christmas but not on their birthdays.

No, no, no… you don’t need this information.  Anne may have liked to think she’s middle class, but she wasn’t before and she’s not now.  She should have been shopping at discount stores all along, and it’s not her whose lifestyle has changed… it’s the Milcarskys.

Also, don’t let Anne fool you.  If she really didn’t buy her kids birthday presents, and I doubt that very much, then it’s because she either took them on a vacation instead or her parents spoiled them both with new bikes and a day at the amusement park.  Care to bet on whether I’m right?

Next slide…

“It remains the prevailing view of economic policy makers that economic activity will eventually return to the same trajectory as before the recession. Mr. Bernanke and others have said that they see no evidence of any permanent change in the economy. Previous bouts of economic pessimism, as in the early 1980s and early 1990s, went away once growth picked up.”

See, we’re in real trouble, that man runs the Fed.  But at least we’ve identified the source of the problem, or at least one of the sources.  I should have known it was him.  My parents are college professor types, as are their friends, and none of them could keep a hot dog stand open for the summer either.

Bernanke hasn’t been right yet, since the meltdown began during the summer of 2007, and in fact he doesn’t even seem to know that the meltdown began during the summer of 2007.

Just the fact that he and others could possibly say that they see no evidence of permanent change in the economy is more than enough for me… can I meet with him for an hour please?  I’m serious… I could get this problem fixed in a jiffy… all I need is an hour… two if he’s as obtuse as he appears.  How do I go about getting a sit down with Gentle Ben?

How about this for something of which he and his pals could take note… I’ll make it a riddle:

Of all of the events and factors involved in this meltdown, what’s the one thing that has never happened before in our history?  What’s the one thing that is entirely unprecedented?

Want a hint?  Okay, it began on July 10, 2007.  No?  Okay, whatever it was, we haven’t seen another one of these sold, since the summer of 2007?  Still no?  Come on, work with me here… this isn’t that hard.

The securitization market froze solid… the credit markets… there have been no private securitizations to speak of since the credit markets froze beginning on July 10, 2007.  The credit markets are frozen because no one trusts the ratings.

I know I used this line in one of my last articles, but I’m going to use it again.  Instead of calling it the “abrupt re-pricing of risk,” I suggested we call it, “the abrupt reduction in trust.”

We’re a credit-based economy and our credit markets are frozen stuck because no one trusts the credit ratings on bonds anymore.  So, 97-98% of all lending is the government ever since the summer of 2007.  Hasn’t Ben noticed that?  He must have been too busy taking in garbage assets so he could loan $3 trillion trillion or so.

So, no credit markets in a credit-based economy… doesn’t that sound like it could put a crimp in things?  Of course, now that you’ve let us drive directly off the cliff, we have precious few qualified buyers anyway.  But even when that gets better, no one is going to buy MBSs, or ABSs, or anything derived from those vehicles until we fix what was broken about ours.  Capisce?

And only government credit won’t cut it.  That will lead to deflation and a permanent change.  And Ben better wake up to that fact soon, or we really are going to starve to death and in more ways than one.

Oh, and did you notice the last sentence above… from the economists and Bernanke…

“Previous bouts of economic pessimism, as in the early 1980s and early 1990s, went away once growth picked up.”


That has nothing to do with now.  This is a demand side recession, not a supply side recession.  What happened in the early 1980s is entirely irrelevant.  For one thing, it was the end of a 16-year bear market that went from 1966-1982, during which the Dow returned -6% a year.  (And I don’t need to look that up for a source, just trust me, it’s right.)

And the beginning of the 1990s wasn’t saved by anything but the dot-com bubble, so what does that have to do with broken credit markets and housing down by 50% plus… and has it occurred to anyone that there’s also the aging population… baby boomers… lots older now than in the early 90s.  Older means spends less, right?

So, stop looking in your review mirror Ben… and keep you eyes on the road… you’re driving me crazy looking backwards like that, and one of these days we’re going to run straight into a cement divider and burst into flames.

Last slide… remember Mr. Marjey from the beginning of the article… okay good…

The business Mr. Markey created, Stone Giant, grew to include two factories and 60 employees, and it installed granite countertops in up to 15 new kitchens every day.

His new company, Winter Park Granite, now installs two kitchens on the average day. He has eight employees but cannot afford health insurance for them or himself.

The family income last year was less than a third of the $175,000 that he and his wife made in 2007, their last good year.

And he sees little room for growth. He has stopped spending money on advertising.

“We’re never going to get that big again,” he said. “I was someone employing people and taking people to the good life. Now I’m just trying to survive.”

So, what do you suppose that looks like to Ben?  Someone who is absent adequate confidence?  From 60 employees to 8, and even at that they can’t afford health insurance… and income that’s one third of what they made in 2007… plus no money for advertising… just trying to survive.  Anyone think this guy is voting for Obama in 2012?  Or bouncing back in 2013 or 2014?

Yep, sure sounds like a blip on the map to me.  Probably pick back up… well, maybe never.

Are we ready to get behind something to fix this Keystone Cops movie?  Or isn’t the pain acute enough yet?

Mandelman out.

Oct
19

Are Homeowners Suffering from LAS – Legal Abuse Syndrome?


I’m no expert, but I have had some experience with PTSD.  One of my closest friends was a helicopter gunner during the Vietnam War.  He had 19 confirmed kills, and was awarded the Purple Heart after his helicopter was blown up and he was thrown a hundred feet or more into a rice paddy.

He woke up with water being splashed in his face… bullets from a sniper nearby.  He ran, was shot in the back, and luckily later picked up and taken to an army base where he remained in the hospital for several months.  After that he was sent home… it was 1969, and he returned to a very confusing time.

He struggled with PTSD for the rest of his life.  We were friends for many years, he was a roommate of mine before I got married.  He passed away last year, it was cancer that finally got him, but the cause of that cancer, I’m quite sure was the PTSD that led him to a lifestyle that at many times, his friends knew was suicidal.

PTSD is a very real.  It can kill you.  I’ve seen it up close and personal.

During WWI it was called “shell shock.”  Ever since the Vietnam era we’ve known it as “post-traumatic stress disorder” (“PTSD”).  It’s a term that describes the psychological consequences of exposure to stressful, life-threatening and traumatic experiences.  PTSD is considered a chronic condition, whose symptoms can include nightmares, flashbacks, sleep abnormalities, depression, dizziness, fainting, emotional numbing, extreme distress, and anger outbursts, among others.

Individuals diagnosed as having PTSD are in general considered to be perilously close to a break from reality, usually by succumbing to any of several neuroses or psychoses.  PTSD changes the body’s response to stress.  It affects the stress hormones and chemicals that carry information between the nerves, called neurotransmitters.

A sub-category of PTSD is termed LAS… or Legal Abuse Syndrome.

I hear from homeowners all over the country every single day.  They are engaged in their own personal battles against banks and mortgage servicers as they try to save their homes from foreclosure.  Some cry to the point that they are sobbing… others are enraged, some have given up… some talk of ending their own lives.  One woman, who I think of often, told me she has become a shut-in, no longer able to go outside or answer the phone without overwhelming fear.

Homeowners who have been forced into litigation in an attempt to save their homes, whether choosing to represent themselves, or hire an attorney, are battling against the largest financial institutions in the world in a court system that’s anything but friendly or understanding.  Some have been fighting such battles for years.  Many feel they have been denied justice, and many have very good reason to feel that way.

I can’t even count the number of divorces that the foreclosure crisis has created.  Often one spouse blames the other for making some decision during the housing bubble.  I remember one husband and father who called me to say that after 18 months trying to get a loan modified, his wife had taken the kids and left.  He was a senior vice president at a major bank, and you c an guess which bank was giving him such a hard time over the modification… that’s right… his employer.

And I’ve felt the sadness when a call is made to tell me that someone decided to take their own life rather than endure the shock and/or shame that losing a home to foreclosure can mean.

I want to do whatever I can to help homeowners who reach out to me, and I certainly try to help if I can.  Sometimes I can write about their plight and it has helped.  But, too often all I can do is listen, explain that what’s happening is not their fault, maybe make them laugh… and perhaps refer them to an attorney who I know and trust.

I’m no expert at treating someone who to my way of thinking has PTSD from dealing with the banks and/or the courts as they try to save their home.  But Dr. Karen Huffer is the nation’s leading expert at helping those suffering from LAS, or Legal Abuse Syndrome.

She also offers Webinar training programs through which people can become Legal Abuse Advocates or ADA Advocates – court watchers and peer counselors.

According to an article By Karin Huffer, M.S., M.F.T. and Barbara Parrett, M.S., R.N., C.N.S. “PTSD/LAS is a traumatic reaction that follows a severe usually invisible impact event in the Court. The event is usually traced to the moment adjudication favors the side committing fraud on the court through misinformation used as strategy. There is no rational defense against a lie leaving the one defrauded helpless in the face of jeopardy, which is the formula for PTSD”.
(Judicial System Inaccessibility for Those with Psychiatric Injury Legal Abuse Syndrome as a Psychiatric Injury and Diagnosable Subcategory of Post Traumatic Stress Disorder By Karin Huffer, M.S., M.F.T. and Barbara Parrett, M.S., R.N., C.N.S. Published in part in Diogenes the magazine, Fall Edition, 2005 p.8 -10 and 34.)


Dr. Huffer is Associate Professor of Forensic Psychology at Kings University.  She is the author of “Overcoming the Devastation of Legal Abuse Syndrome,” and has devoted more than 20 years to researching, diagnosing and treating PTSD and other trauma disorders.  She is an ADA Title II and Title III Specialist, and has been an ADA Section 504 consultant.  She has worked with schools, businesses and the judicial system to provide effective accommodations for those who suffer from disabilities.

In 2008, Karin’s extensive work led to the acknowledgement by the ADA that our judicial system can and does cause traumatic stress in those who seek civilized, fair, due process of law and redress of grievances.

According to Dr. Huffer:

“LEGAL ABUSE SYNDROME (LAS) is a form of post-traumatic stress disorder (PTSD).  It is a psychic injury, not a mental illness.  It is a personal injury that develops in individuals assaulted by ethical violations, legal abuses, betrayals, and fraud. Abuse of power and authority and a profound lack of accountability in our courts have become rampant, compounding an already stressful experience.

This stress can and does lead to physical illness. AMA statistics show that around 85% of all physical illness is directly attributable to stress. Legal Abuse Syndrome is a public health menace in this country.  It leads to massive medical intervention costs, burdens insurance companies, and adds to Medicare and Social Security costs.  Most painfully, it crushes the brilliance and creativity of its sufferers.  Legal Abuse Syndrome is detrimental to all of society, and nobody is immune.

Whatever the court setting, whether it is regarding divorce, child custody, parental support, probate matters, personal injury, property disputes, legal or medical malpractice, criminal charges or other deeply personal issues, the frauds put forth in our courts add greatly to the trauma.

When litigants are unable to get fair resolution to their issues, when the court dysfunction further adds to the litigant’s burden, when no amount of actual case law compels an equitable outcome, litigants often suffer disabling levels of stress. When further attempts to achieve redress fail, litigants display the hallmark signs of Legal Abuse Syndrome (LAS).

Medical and psychological treatment for PTSD is compensable under most health insurance. To learn more about PTSD see http://traumacenter.org.”

Dr. Huffer’s head up an organization called Legal Victim Assistance Advocates (“LVAA”), whose main focus is helping disabled litigants under the Americans with Disabilities Act (ADA), as well as moving forward with the disabled community to ensure all civil rights are maintained.

Dr. Karin Huffer, M.S., M.F.T., is the accommodations designer. She works together with a patient’s physicians and court personnel to create a blueprint individualized to meet each litigant’s unique needs.  Dr. Huffer is the only nationally recognized expert witness within this field. She has appeared in numerous jurisdictions within this nation over the last twenty years and continues to advocate for not only disabled individuals but as well as women’s and children’s rights and fights to stop domestic violence and all abuses.

Dr. Huffer’s organization’s mission is stated as follows:

Litigants with disabilities feel that they are wrong or crazy when their best efforts do not succeed in court.  We at LVAA are advocates, consultants, and expert witnesses serving those who have suffered from ethical or legal abuses and who need rational assistance in facing what will feel like a system and life out of control.

• We design and communicate to the court ADA accommodations for litigants with special needs.

• We advocate for the functionally impaired in court.

• We specialize in post traumatic stress disorder / legal abuse syndrome.

• Cases involving traumatic stress related to domestic violence.

Dr. Huffer’s goal is to promote a fair court process with an attitude of inclusion and tolerance. Her firm’s advocates enhance security, dignity and respect for every person.  LVAA helps the courts to better assist and serve those with special needs according to ADAAA mandates.

Their mission is affirmed by the Universal Declaration of Human Rights, 1948, the Convention on the Elimination of Discrimination Against Women of 1979, The ABA Resolution of 2002, The Americans with Disabilities Act Titles II & III, of 1990, the ADAAA of 2008, and the International Treaty for the Disabled of 2009.

There are two videos below.  One is an interview with Dr. Huffer, and the other is someone who was helped by Dr. Huffer and her programs.

This crisis is not going to be over anytime soon… it’ll be many years before we will have put it behind us.  And if you feel you need help, there’s certainly no shame in asking for it.

Mandelman out.



Oct
18

MERS Has Trouble, Right There in Ohio, With a Capital ‘T’…

Geauga County’s prosecuting attorney, David P. Joyce has filed a class action lawsuit on behalf of the county “and all other similarly situated counties in Ohio,” against MERS and everybody else who used the MERS “scheme,” alleging that they violated Ohio law requiring that, “each and every mortgage assignment must be recorded in the proper Ohio county recording office,” and that by doing so, they avoided paying the counties the attendant recording fees.

Former Ohio Attorney General Marc Dann says the case does accurately represent what he referred to as “black letter law” in the State of Ohio for the last 200 years.  He also described the case as being fairly narrow in that it’s really going after the recording fees that were not paid to each county when the defendants used the MERS system, but in doing so, the case is also going to have to establish the problems with the over all MERS operation.

Attorney Marc Dann

According to Dann, “Ohio law requires that transfers of beneficial interest be recorded in the appropriate county, so either they avoided paying the fees to the counties for what was otherwise a valid transfer, or perhaps the transfers were invalid, in which case many, many foreclosures should not have been allowed to happen.”

Geauga County is a small, rural county near Cleveland, Ohio, and Dann, who has his law office in Cleveland, has been fighting for the rights of Ohio homeowners since serving as the state’s Attorney General in 2007-08.  He says that if Geauga County’s prosecutor wins this case, he may be reopening thousands of foreclosures.

“This case asks court very directly whether the MERS system complies with state law.  If it doesn’t then I’m going to go back and reopen all of the foreclosures alleging that the transfers were invalid,” says Dann without hesitation.

The class action lawsuit, however, is about damages, and they could be substantial.  Dann says that the county recording fees are in the $30-$40 range, so in a state with over 80,000 foreclosures a year, and I have no idea how many mortgages that have been securitized over the last so many years, the amounts of fees avoided by easily reach into the millions.

The complaint alleges that the MERS system is a “scheme” designed to evade the required recording fees and the suit specifically seeks payment of those fees, saying that in the securitization process mortgages are assigned at least twice.

Also included in the complaint is the allegation that the defendants “systematically broke chains of land title throughout Ohio counties’ public land records by creating ‘gaps’ due to missing mortgage assignments they failed to record, or by recoding patently false and/or misleading mortgage assignments.  Further the complaint  states that the “defendants’ failure to record has eviscerated the accuracy of Ohio’s counties’ public land records, rendering them unreliable and unverifiable.”

I asked renowned consumer bankruptcy attorney Max Gardner what he thought would happen if the case were to be successful and he said it could put MERS out of business, or certainly make it a costly mistake for all involved.

O. Max Gardner III

“MERS INC. is a wholly owned subsidiary of MERSCORP and has no assets to speak of, and MERSCORP has some assets but it looks to me like a multi-million dollar judgment would be beyond their ability to pay,” Max said.

“So, I guess they’d need a bailout,” he quips.  “If it even looks like the prosecutor is going to be able to win this case, it’ll definitely be time for MERS to make a call to Houston, you know to say, we’ve got a problem… and it’s a big problem,” Gardner adds.

Max says that, although this case is somewhat similar to a case previously filed in Minnesota, he’s not aware of “any other case alleging this theory filed by a state or county to-date.”

The complaint states that the “defendant’s purposeful failure” to record the mortgage assignments in compliance with state law has caused “far-reaching, devastating consequences for Ohio counties and their public land records.”  And further, that those damages “may never be entirely remedied.”  (Emphasis added.)


The lawsuit, which was filed on October 13, 2011, names as defendants: MERSCORP, INC. and Mortgage Electronic Registration System, Inc., but also names:

Home Savings and Loan Inc., Bank of America Corp, CCO Mortgage Corp, Chase Home Mortgage Corp, Citimortgage Inc, Corelogic, Corinthian Mortgage Corp, Everhome Mortgage Corp, GMAC, Guaranty Bank, HSBC Bank, MGIC Investors Services, Nationwide Advantage Mortgage, PMI Mortgage Services Company, Suntrust Mortgage, United Guaranty Corp, Wells Fargo Bank, and Doe Corporations – names and addresses unknown.

So, obviously this is one to watch, both for the homeowners in Ohio, and elsewhere.  The ramifications, should the case be successful, could very well spread to other states, as the Ohio counties involved could receive hundreds of thousands or millions of much-needed dollars.

Once again, the arrogance of MERS and the industry that created it is astounding.  I mean, to simply disregard out of hand, 200 years of Ohio state law, without a second thought, is remarkable.  And when I read that it may never be entirely remedied, I can’t help but wonder what the ultimate cost of what was done will be and who will one day be forced to pay it.

From talking with Marc Dann and Max Gardner, it looks like this is a case that will cause great concern back at MERS headquarters, and all I can say is… it’s about time.

You can find a copy of the complaint below…

Mandelman out.

State of Ohio v MERS and Banks

Oct
17

The Hill poll: Majority blames Washington, not Wall Street, for economic crisis

Fringe.


Does the Occupy Movement reflect mainstream opinion about the problems that led to the financial crisis?  According to a poll conducted by The Hill, the protests reflect a distinctly narrow political view.  The majority of likely voters blame Washington, not Wall Street, for the financial crisis and recession: In the minds of likely voters, Washington, [...]

Read this post »

Oct
17

The Hill poll: Majority blames Washington, not Wall Street, for economic crisis

Fringe.


Does the Occupy Movement reflect mainstream opinion about the problems that led to the financial crisis?  According to a poll conducted by The Hill, the protests reflect a distinctly narrow political view.  The majority of likely voters blame Washington, not Wall Street, for the financial crisis and recession: In the minds of likely voters, Washington, [...]

Read this post »

Oct
16

CA’s Democrats in Congress Wake Up to Need to Address Foreclosures

Well, that’s a pretty safe statement, but when?

The San Francisco Chronicle is at least beginning to wake up to the fact that foreclosures are quite the problem in California.  Yesterday, on page A-13, appeared the headline: “Foreclosure relief is key to economic recovery,” thus making me into a monkey’s uncle as promised.

It’s kind of funny, because it’s an editorial that’s not written by anybody specific, lest it offend I suppose, but it kicks off sounding like it could have been written by me… back in 2008… if I was trying not to scare anyone too much.  But no worries… better 3-4 years late to a party than never showing up at all… I guess.  Here’s how it opens…

“No economic recovery will take hold without serious attention paid to home foreclosures. Consumer spending, the job-heavy construction industry and bank stability hang in the balance.”

Of course, economics is one of those knee-bone-connected-to-the-ankle-bone sort of subjects, so would anyone like me to explain what hangs in the balance once consumer spending, construction jobs, and bank stability are achieved?  Hmmm… I don’t want to get too technical here… oh wait, I know… how about: EVERYTHING ELSE.

Apparently, this past week, the sound of the economy’s ship going down must have awoken the majority of House Democrats from California who then just jumped all over the Obama Administration for “failing to deliver on promises to curb foreclosures.”

The Chronicle said the California Dems frustration was over “banks’ recalcitrance and the White House’s timidity to act.”

The bank’s recalcitrance?  Gee, that sounds awfully harsh… I would have gone with the “bank’s obduracy.”  Yeah, that really says it better, don’t you think?  Much stronger.  I mean, if you’re going to go after the banks for their behavior, why mince words?  I don’t know about you, but when I’ve got someone rubbing my nose in poo, I don’t cower or retreat, I don’t beat around the bush either… I come right out and call them “obdurate,” as I’m sure you would as well.

Recalcitrance sounds like a health drink my grandmother used to require once a day… “Time for my daily recalcitrance, Martin… boil the water, would you be a dear?”  Want a synonym for “recalcitrance?”  How about: disobedience, insubordination, mutiny, noncooperation, resistance, defiance… any of those working any better for you?  Well, I’m glad I could help.

As to the White House’s “timidity,” well, heck… it’s become legendary.  Just so you have some idea of just how timid he is in my mind… I was having this dream the other night.  I was in a bar in Chicago and all of a sudden Barack and Michelle Obama come walking in… he’s not the president or anything, just a regular couple from Chicago.  So, next thing that happens we get into a heated argument, and I can’t recall what it was about exactly but he was getting all mouthy… so, I slugged Michelle right in the mouth.

(I’m kidding, Mr. Secret Service Man, I’m a kidder… ask anyone… I kid.)

Besides, in my dream I just yelled, “SCAT!” real loud, and he ran to his car and took off.   Then Michelle and I had a few drinks and ended up going back to my hotel room, and… well, never mind about that.

(Kidding again… really, I’m just kidding.)


The San Francisco Chronicle says that “the president has thrown the kitchen sink at the country’s sagging economy,” and I have to admit that I did not know that.  The newspaper says he’s also thrown “a stimulus package, a bank bailout plan and tax relief,” and I’d heard about those, but the kitchen sink thing was news to me.

Just as seems to be the case with every other media outlet, politician, and administration staffer in the country, the Chronicle seemed surprised that after the stimulus, the bank bailout plan and whatever tax relief the S.F. paper is talking about, “the nation’s financial pulse hasn’t picked up.”

Why do people think those things lead to the picking up of our national pulse?  I mean, someone needs to walk me through the thinking in play there… real slow, because I’m not getting it.

I mean, the bank bailout plan couldn’t make the economy recover, because for an economy to recover, money has to actually go into it, not just into the pockets of 13 bankers.  And the stimulus spending did help the economy in some ways, it’s just that when you’re in a hole 1,000 feet deep, and someone throws you down a12-foot ladder, you don’t exactly pop out at the top.

So, the Chronicle’s anonymous editorial writer for some reason has now reached the conclusion that the economy “won’t get better without a thorough response to home foreclosures.”

Perhaps the Chronicle was responding to the new numbers included in the editorial, which indicate that 2.2 million homeowners in California are “underwater.”   Also mentioned was that on top ten list of cities with the most foreclosures, eight are in California… and a couple years back there were only five on that list, points out the Chronicle’s editorial.

I don’t understand how those two statistics could make the newspaper do something it hasn’t done in the last three years since the crisis began… you know, come right out and say that it’s fix foreclosures or we’re done… after all, those number aren’t even the worst ones I could throw at them.

The Chronicle does point out that the administration couldn’t even get an insipid little jobs bill passed, and it contained tax cuts, which are normally like red meat to Republicans.  They say the president “faces a near-impossible challenge in winning bipartisan support. Near –impossible?  Okay, as in it would be “near-impossible” for me to get Donald Trump to shine my shoes for the next year during primetime, that kind of near-impossible?

The newspaper says that the White House should instead “use its administrative muscle to tap banking and consumer regulations on the books.” And I have no idea what that means, but it’s okay, I’m fine with that… tap away, by all means.

The newspaper then seems to say that by tapping regulations on the books, as described above, there will be changes that will allow people to get new loans.  Here’s the paragraph in its entirety:

“This reality should lead the White House to use its administrative muscle to tap banking and consumer regulations on the books. These changes include allowing jeopardized homeowners to obtain new loans – now at historically low rates in the 4 percent range – to replace older, budget-crushing mortgages. This change alone would keep more families in their homes and give households extra cash to spend, multiplying the benefits.”

Now, I really haven’t the foggiest idea of what they’re talking about, but if it has anything to do with the president’s “new” refinancing initiative, and I’m pretty sure it does… then it won’t work, isn’t working, and never had a shot at working.  It’s a stupid idea that’s proof positive that no one involved knows what their doing.

It’s a broken HARP, get it?

When Obama announced the Making Home Affordable program in February of 2009, there were two components: HAMP and HARP.  HAMP is the Home Affordable Modification Program and HARP is the Home Affordable Refinancing Program.  Neither has come anywhere close to reaching its intended objectives, nor has either made any significant contribution to mitigating the damage being caused by foreclosures.

HARP was not designed to have anything to do with foreclosures, it’s purely a refinancing program that was to put extra cash in someone’s pocket in the hopes that the money will be spent, thus stimulating the economy.  Even if the program were to have worked flawlessly as designed, its capacity to help the economy would be limited… and by limited I do mean miniscule.

HARP was designed to allow someone to refinance their mortgage even though they didn’t have adequate equity for a conventional loan.  If memory serves, initially a borrower could owe 115% of their home’s value, and some months after that they increased it to 125%, I believe.  All of this was fine for a very small number of homeowners, certainly not those that were more seriously underwater, and none were at risk of foreclosure.

Since then, rates have remained low, so those that could refinance have refinanced.  Trying to create a program that attempts to allow further refinancing in order to stimulate the economy is going to be about as effective as removing sand from the beach with a teaspoon.  The fact that President Obama even brought up the idea during his last speech on job creation is evidence that the administration simply doesn’t know what to do about foreclosures.

So, let me be very clear about this in the hopes that the Chronicle will learn something:

1. If by “jeopardized homeowners,” you mean those at risk of foreclosure, then they cannot refinance.  They’re too far underwater and don’t have anywhere near the credit score required to so, even if they were not as far underwater.

2. The people that have “budget-crushing mortgages” can’t refinance… period.  They’re the ones that we’ve been screwing around with for the last two years over loan modifications.

3. And even if you’re talking about the small number of homeowners that do still have equity and would qualify for a loan, there are nowhere enough of them to stimulate Santa Cruz, and the ones there are have already refi’d at low rates so their potential cash savings is going to be too small to affect anything.

The Chronicle does admit that banks have been treating homeowners applying for loan modifications roughly by losing documents, demanding endless paperwork and rejecting good-faith loan requests.”

Well, the banks have been doing a whole heck of a lot more than that to homeowners applying for loan modifications, but at least it’s a start.  The Chronicle does have four words to say about the subject: “These abuses should stop.”

Oooh, snap! Now, that’s really sticking it too them.  No wonder the editorial was anonymous.

Lastly, the newspaper brings up the idea of reducing the balance owed by the borrower, and acknowledges that it’s not an idea favored by the banks.  But the writer of the editorial says that if the bank can’t collect it “kicks the loan to federal guarantee agencies such as Fannie Mae or Freddie Mac. That means taxpayers foot the bill.”

I know… it’s not always the case, but leave them alone, they’re on a roll.


Here’s how the Chronicle takes on the 800-pound gorilla that’s been in the room all along:

“For many homeowners not swept up in the housing and loan bubble of four years ago, it’s easy to blame the problem on profligate banks or irresponsible homebuyers. Why worry about these people?

Here’s why: The country’s economic problems won’t get better without a serious plan to clean up the foreclosure mess. Taxpayers will stay on the hook for ever greater bills as property taxes drop away, weak banks hold back on new loans, and federal agencies are stuck with the bill.”

One Question: Is it “easy to blame the problem on irresponsible homebuyers?” Or is it stupid to blame the problem on irresponsible homebuyers.  Well, I suppose it’s both.  It’s “easy,” because learning about what actually happened to cause the foreclosure crisis does take some time and effort, so I guess it is comparatively easy to remain ignorant.

By the way, if you still think that the foreclosure crisis was the fault of irresponsible homeowners, you might try this on for size: Think it was the borrowers? Think again. And there’s lots more where that came from.

Conclusion…

Look, it’s great to see the San Francisco Chronicle coming around to understanding the situation… but I have to say that it wasn’t unexpected.  During the early years of the Great Depression, newspaper editorials were very similar to those seen during the last three years.  It’s interesting to note that back then the press didn’t start understanding the nature of the economic crisis until right around 1932.

Until then, most believed that recovery was only a year or two away at most.  In 1930 and 1931, according to accounts of Benjamin Roth in his “Great Depression Diary,” several article headlines in the Chicago Tribune proclaimed that “now was a good time to buy.”

And as far as placing the blame for the economic crisis of the 1930s on the bankers, well that didn’t happen right away either.  It wasn’t until 1933, five years into the Great Depression that the Senate committee hearings, led by Ferdinand Pecora probed the causes of the Wall Street Crash of 1929, and resulted in the major reforms to our nation’s financial system.

So, maybe the San Francisco Chronicle isn’t late to foreclosure crisis after all.  Maybe it just takes the time it takes for societies to come to terms with what’s happening during times of great change and economic upheaval.

If you’ve been with me for a while now, reading me as I bang the drum to stop foreclosures while I’ve banged my head against the proverbial wall, then I’m here to tell you that now isn’t the time to give up or slow down, now is the time to turn up the volume, work with the states to help design solutions that will bring an end to the crisis.

Because the Chronicle is correct in its assertion that: “No economic recovery will take hold without serious attention paid to home foreclosures.”

In fact, now that I think about it, I could not have said it any better myself.

Mandelman out.

Oct
16

WSJ Surveys Economists… US Incomes Won’t Make Up Lost Ground Before 2021

If you want a metaphor for where we are today, think of it like this…

We got onto this giant rollercoaster during the summer of 2007.  Since then, we’ve been circling around at the top, with only small dips, courtesy of the trillions in stimulus dollars being pumped into the economy.

But, the people in the front car just happened to glance ahead, and it’s just dawned on them that they can’t see the track… it seems to just disappear.  They look to see if the track makes a sharp right… but they see that it doesn’t.  Then it must turn left… nope, it’s not there either.  Ruh roh…

It’s not just that we’re about to realize that we’re going down, we’ve known that for a few years now.  It’s that we’re about to realize that we’re not coming back any time soon.  Hope is about to die, and that is about to change everything.

It was on Christmas Eve, 2007, during our annual holiday party, that I remember saying something about our nation’s economy to our guests.

The real estate bubble had been deflating since the summer of 2006, but the credit markets had frozen solid in July of that year and home prices were in free fall, and although most people didn’t know it yet, they were tightening their proverbial belts this holiday season and you could tell the difference by listening to the conversations and looking under the tree.

I remember quite clearly that while I was proposing a toast at that year’s party, I brought up the fact that, as compared with prior years, this past year had been a difficult one for most everyone, and I told the group that our country was in for some very difficult economic times ahead.

I said that even though everyone’s stress level increased significantly this holiday season, we should all take care to really enjoy ourselves, because this year was probably going to be the one that we all look back on someday, remembering it fondly when we think about what it was like in this country before EVERYTHING changed.

I realized that most of our guests that evening didn’t fully appreciate what I was telling them, and it would be eleven months before the National Bureau of Economic Research would tell us that the Great Recession had begun in December 2007.

Time sure does fly as you get older, and before I knew it I was ordering the Chinese food for our Christmas Party, 2008.  We cater our annual Christmas Party with a buffet of Chinese food because  I’m Jewish and my wife isn’t… so we celebrate Christmas, but with “Jewish soul food,” which in case you hadn’t heard, is Chinese food.

Of course, at the end of 2008, things were a lot worse economically speaking, and the difference was readily discernable… I could see it in the faces of our guests.  Television news had been talking about concerns that retail sales would be low, and people all knew they would be by virtue of their own shopping that year.  When it came time for me to once again make a toast, I talked about how we should all be very grateful for everything in our lives, because so many were suffering.

And, as I had said the year before, no matter how stressful this holiday season was, we should make sure we really enjoy it, because the years ahead were certain to be significantly worse.  And again, although I did notice a few heads nodding in agreement, there were still quite a few who weren’t at all sure that I was right. They all figured that Hillary (or maybe even Obama, although at that point few thought he’d win) would be in office next year, and anyone-but-Bush would be a good thing all-around.

Well, 2009 seemed like it went by two months at a time, and I was ordering Chinese food for our Christmas party before I could say, “Making Home Affordable.”

But this was year-end 2009, and it was a very different time than anyone had experienced.  For one thing, everyone was talking about and asking me questions about the economy throughout the evening… the recession was upon us and they wanted to know what I was seeing in my crystal ball.  Obama or not, it was clear that everyone there was worried about next year, that year.

Again, as I raised my glass to make a toast, I said that this year it was more important than ever that we make sure that we enjoy the holiday season, because the next would be that much worse.  And now three quarters of those in the room were nodding along in agreement, only one or two were not.  There are always a couple of Realtors in every crowd.

When our guests arrived in 2010, they were questions and comments about the economy from the moment they walked in the front door, some of which could be heard as they were hanging up their coats.  And, perhaps not surprisingly, this was the year that I would serve twice as many Manhattan cocktails as usual.

I knew that everyone was struggling financially, albeit to varying degree.  Among our friends there are many professionals… doctors, lawyers, Indian chiefs too… but all in attendance had the economy on their minds.  But, after I delivered what had now become my traditional annual message… that no matter how difficult the current season seemed, it should be enjoyed as the ones ahead would be far worse… several approached me to ask how long I thought our economic downturn might last.

When I said that the way things stood at the moment, there would be no recovery for a decade or more, they were visibly taken aback.  But, the government said the recession had ended and we were already recovering, was the essence of their reply.  A few there that evening were even talking about buying a house sometime soon… now that prices had fallen so far, I suppose.

So, here we are today… and Halloween costumes hanging in stores have taken me by surprise.  It’ll be a few short weeks and I’ll be trying to recall how many steamed dumplings we went through last year.

This year my message will be more emphatic than ever… no matter how you feel now, revel in this holiday season, because what’s ahead will be will much, much worse.  In fact, it will be unlike anything we’ve experienced before in this country.  This year I’ll explain that now that the stimulus phase has ended, the pace of our decline will accelerate… you’ll be able to feel yourself falling.

The good news is that this year they’ll be hearing the same sort of thing from others as well.  And not just those on the fringe, but the main stream media too.

WSJ’s 50 Economists… Survey Says…

Yesterday, for the first time since the recession began, the Wall Street Journal survey of 50 economists now say that incomes in this country have been falling since 2000 and they don’t expect us to make up the lost ground before 2021.  How it is that these economists only now have realized that’s the case, I can’t explain, except to say that over the last few years I’ve learned that optimism is a difficult thing of which to let go.

“Standards of living in the U.S. will continue to decline as we deleverage and emerging markets take over as the growth engine of the global economy,” Julia Coronado of BNP Paribas says.

These economists are just now coming to terms with our new national reality, and they still have a ways to go before they’re forecasts are to be trusted.  For example, two-thirds of the economists surveyed still say they believe that today’s college grads will enjoy a higher standard of living than did their parents… only one-third disagree and as of today they’re right as rain.

The consensus among the group is that the U.S. will see economic growth of 1.5% in 2011, which is probably on the high side.  I’d be surprised to see us come in over one percent after the dust settles.  Then in 2012 they say that number will be 2.3%, which again is conservative for this group, but still likely wrong.  If we break 2.0% in 2012, I’d be shocked.  And they say in 2013 we’re looking at 2.7%, and I don’t see us growing from 2012 to 2013… in fact, I think we’re more likely to shrink.

The 50 economists also peg unemployment at the end of 2013 at 8.2%, and even though I realize that this headline unemployment statistic is heavily affected by methodology that is often not fully disclosed, I’m going to forecast unemployment in 2012 and 2013 to reach into double digits, and perhaps end up north of 12%.  The bigger problem by then will be that we could very well have over 10 million people unemployed over six months, right now we have 6.5 million officially plus a few million we’ve stopped counting.  And some percentage of those people are unlikely to find work ever again.

Of course, that’s assuming we remain no smarter than we are today.  The possibility does exist that our elected officials will become scared by data reported and populous rage, and they’ll actually manage to learn something, in which case we could sure-as-shootin’ do a lot better.

One way or the other, however, you’re about to see fear replacing hope among the populace, you’re about to see the national dialog change.  And without the artificial snuggle of stimulus unseen, and absent credit in a credit-based economy, you’re about to see the pace of our deflationary decline accelerate significantly.  Simply put, the pain felt is about to become more acute and that, in an atmosphere lacking hope and increasing fear is going to manifest itself in a myriad of ways.

Want it in a nutshell?  Okay… various behaviors and attitudes of people are going to change.  Some of that behavior that will seem odd, some will seem to lack focus or gravitate towards extremes and some is not going to be good.  Crime will likely rise, for example, so don’t leave things of value in your car.

Nothing goes down in a straight line, though, so there’ll still be ups and downs along the way in our race to the bottom. But, an entirely new phase in our economic decline starts now.

Mandelman out.

Oct
15

Inside the Obama Administration with Ezra Klein … and Mandelman

Okay, look… this article is long, I know. Ezra Klein’s article in the Washington Post was also long.  The thing is, if you’ve been wondering why the administration has made the decisions it has, why they didn’t do more to address the housing markets, or to create jobs, things like that… well, then this provides real answers to those questions.  If you really don’t have time to read it, I would suggest that you at  least read Sec. Geithner’s quotes and my response, near the end.  But, if you have the time, it’s worth reading… I spent three days writing it.

I’m not saying this article should make you not want to vote for Obama in 2012… after all, the other side hasn’t said anything better, and may be much worse.  By understanding why they did what they did, perhaps you will write to your representative to demand policy changes.  So, I’m not trying to make anyone change their political views as far as next year’s election goes.

In yesterday’s Washington Post, columnist Ezra Klein wrote an article titled: “Could this time have been different?”  It begins by describing events that took place during the early days of the Obama Administration, as the new president prepared to go to congress to propose the $800 billion economic stimulus plan… the largest in our nation’s history… that was to tackle the most severe recession in 70 years.

Klein provides a window into the inner workings of the new administration, explaining that the president’s advisors originally wanted a much larger stimulus, something in the $1.2 trillion range, but congress would never go along.  Apparently Larry Summers ultimately convinced the president to support the $800 billion plan.

Apparently, the challenge was to “estimate precisely what a dollar of infrastructure spending or small-business relief would do when let loose into the economy under these unusual conditions.”  Christina Romer was charged with forecasting the number of jobs created as a result of the stimulus spending.  When Klein explained that Romer was pulling data from sources that included the Federal Reserve and Mark Zandi of Moody’s Analytics… honestly, I got the chills.

A couple of paragraphs later, of Romer’s forecast, Klein states: “There was only one problem: It was wrong.”  I had nothing to say.

Problems Forecasting Unemployment…

Look, I remember this issue quite clearly… it’s the one about the administration’s insanely optimistic unemployment forecasts in the stimulus plan… 8% in 2009 and back down to 7% in 2010.

It didn’t take long to know that those numbers were going to be a tad low.  Unemployment hit 8.2% in February of 2009, just weeks after the America Recovery and Reinvestment Act was proposed, and in the months that followed it went 8.6 – 8.9 – 9.4 – 9.5 – 9.5 – 9.7 – 9.8 – 10.1 – 9.9 – 9.9.

And 2010, when the administration’s plan called for 7% unemployment, the contrast was even worse, starting the year off with 9.7% in January and remaining in that range throughout the year, finishing the year at 9.8% in November, and then 9.4% in December.

Apparently, the actual unemployment numbers turned out to be worse than even the administration’s “nightmare scenario,” which was a forecast of what would occur should congress not pass the stimulus plan.  So what?

Klein seems to think that it’s important to understand how the administration got it so wrong… but I could care less.  I think the salient point is that they knew they had gotten it wrong soon enough, and yet they did nothing to course correct… they just kept sailing into the storm.  Their behavior made no sense.  A few months later they would use the same type of zippy forecasts when conducting the bank stress tests.

Klein explains that it was the Bureau of Economic Analysis that blew it by originally saying the economy contracted at an annual rate of 3.8% in the fourth quarter of 2008, but months later that estimate was 6.3%… and this year we learned the actual number was 8.9%.  He says that the Romer and others knew that “the economy had sustained a tough blow; they didn’t know that it had been run over by a truck.”

Really?  They didn’t know that the economy had been run over by a truck?  Why not?

Well, I have some news for them then… it’s even worse than they think it is now.  If I had to come up with a metaphorical description, I’d be leaning towards whatever you’d call it when two stars collide.  If a truck hits something, you can still find pieces of whatever it was, and that’s clearly not the case here.

I’ve been mystified these past couple of years, as to why every time terrible economic data was released, the news story would say that the data “surprised economists.”  I’ve even asked, all sorts of people whom these continually surprised economists were, to no avail.

Klein acknowledges that Paul Krugman and Joseph Stiglitz were among those who were saying that the economy would worsen significantly and that’s certainly correct.  In fact, Stiglitz has been practically screaming his head off.

Stiglitz published, “Freefall,” in 2010… and as a matter of fact, I reviewed it on my blog when it came out, even gave it as a gift to several friends.  And in 2009, Krugman published an updated version of his book, “The Return of Depression Economics.”

Nouriel Roubini was another prescient voice attempting to warn the nation of what was to come… his book was titled, “Crisis Economics,” I reviewed it at the time, as well.  And Simon Johnson and James Kwak, who write one of my favorite blogs, Baseline Scenario, also chimed in on the state of affairs with, “13 Bankers,” and yes, I reviewed it too.

My point is that there were many, many, many prominent economists writing in great detail about what we were facing economically… none were unsure… I managed to find time to read their books, and I’m not responsible for implementing a plan to save the nation.  I’m just saying…

Reinhart and Rogoff, the two academics that wrote, “This Time is Different,” in 2008, referred to the administration as being not just optimistic, but wildly so.

Klein personally thinks it unlikely that we’ll see 11 percent unemployment this year, which is a safe bet considering it’s mid-October, and I’m not even sure we’ll see it in 2012.  Although by 2013, the way things look today, I’d have to say it’s a lock.

Peter Orszag, who ran the OMB (Office of Management and Budget), admitted to Klein that he didn’t come to the realization that the country’s economy was “in a Reinhart-Rogoff situation until 2010.” He left the administration last year to misinterpret things at Citigroup.

(So, as I’m reading,, I start wondering if it wouldn’t be a good idea to see if there’s Xanax in the medicine chest.  I was starting to fear this not ending well.)

Klein seemed to me to be shaping up as an apologist for the Obama Administration, and I’m not one of those.  Don’t get me wrong, I voted for Barack Obama in 2008, and given the circus of insanity on the other side of the aisle, I suppose I’ll do it again.  But this time will be lacking in enthusiasm compared with last… I’ve been a tad disappointed, as my readers know.

This whole thing about the forecasts being wrong, and economic data changing, well… it’s just not doing it for me because it’s been common knowledge for a while now, at least to anyone who cared to look into it, that much of our economic forecasting was problematic because the models we were working with were built using data from 1950 forward.

That’s because 1950 is the year that our country started keeping such data, and since then our recessions and recoveries have tended to be shaped like a ‘V,’ while the one we’re in is more likely going to look like an ‘L’ followed by a ‘W’.  So, plotting data on a ‘V” shaped model but having it turn out to be a different letter of  the alphabet, is a like drawing the route New Jersey on a map of Australia.

How do I know this stuff?  It’s simple, really… I read Mandelman Matters, and in May of 2010, under the headline “Federal Reserve Bank President Says We’re In For a Long Hard Road Ahead,” I wrote an article that contained the text of a speech given by Sandra Pianalto, President and CEO of the Federal Reserve Bank of Cleveland.

Sandra’s speech covered thee areas: the dynamics of the economic situation today, how she views the future, and the difficulty with forecasting in times like these.  Too bad that everyone at the Obama Administration missed it… might have helped.

Reinhart and Rogoff studied the recoveries that followed 15 post-WWII financial crises, and according to Klein:

“Perhaps as a result, in 10 of the 15 crises studied, unemployment simply never — and the Reinharts don’t mean “never in the years we studied,” they mean never ever — returned to its pre-crisis lows. In 90 percent of the cases in which housing-price data were available, prices were lower 10 years after the crash than they were the year before it.”

He admits that the current economic situation looks a lot more like what Reinhart and Rogoff describe than the “rapid rebound predicted by the administration… and many others.”  He doesn’t mention who the “many others” are, however, which leads me to believe that we’re talking about the likes of Mark Zandi again, perhaps backed up by the National Association of Realtors, where it’s always a good time to buy… always, a good time to buy.

My question remains… which one of the uber-geniuses in the administration predicted the “rapid rebound?”  Because I’m thinking that individual needs to be run out of town on a literal rail.  At the very least, I’d take waterboarding for $500, Alex.

Dean Baker, of the Center for Economic and Policy Research, doesn’t subscribe to the view that what we’ve seen occur in our economy was inevitable, as espoused by Reinhart and Rogoff.  I could not agree more.  The administration came upon plenty of forks in the road and it’s our chosen path that has delivered us here.

But look how Klein describes how the Obama Administration handled things…

“The Obama administration didn’t buy the idea of inevitability, either. The team crafted a multi-pronged approach of stimulus spending, programs to address the housing market, and policy coordinated with an activist Federal Reserve. It firmly believed that it was better to do too much than too little. Its credo was well expressed by Romer when she told the president, “We have to hit this with everything we’ve got.” But in reality, the administration could only hit it with everything it could persuade Congress to give. And that wasn’t enough.”

This is simply revisionist history at its finest.  What really happened from the very first day of Barack Obama’s presidency is that while the administration went to work on its economic stimulus plan, the Republicans went to work on their plan to unify its opposition to anything and everything Obama.

From the very first piece of legislation, the $800 billion economic stimulus bill, President Obama signaled his willingness to compromise in true bipartisan fashion.  But it soon appeared that the GOP was not interested in compromise, unless “compromise” meant turning the executive branch back over to a Republican.  They were there to pick a fight, not avoid one.

A month later, it was time to roll out the plan to save American homes from foreclosure, Obama’s Making Home Affordable program, out of which would come HAMP, or the Home Affordable Modification Program.  Although no one would admit it publicly, this was the speech million of Americans had been waiting for since the summer of 2007.

During Obama’s speech, he spoke of 3% mortgages for 30 years.  He spoke of judges being allowed to write-down primary mortgages in bankruptcy court.  And he told the country that getting ones loan modified would be free… and presumably… easy.  The crowd didn’t just applaud the president that fateful day… as political events go it was near rapturous.

Now, after that glorious day passed, everything changed and not for the better.  The many millions of Americas who had reveled in the prospect of not losing their home to foreclosure as a result of president’s plan, would soon find that they had been entirely abandoned by Obama and his administration.  There was a new sheriff in town and his name was Treasury Secretary Tim Geithner.  And may the bailing commence.
So, as Secretary Geithner went off to be Wall Street’s BFF, all I heard come out of Obama’s mouth for the next so many months had to do with health care reform.

Excuse me?  Health care reform?  Really?  Now?  Those were the only thoughts that my mind could handle.  Why would he possibly take the year off to debate health care reform, while our economy’s is going south in a hurry?

Housing prices were in a free fall, the result of the credit markets having been eviscerated by fraud in a triple A wrapper, so I knew consumer spending had to be falling as well, and that in turn would make unemployment rise, which would increase the numbers of foreclosures… thus bringing home prices down ever further.

Additionally, the types of loans sold in the last few years were never intended to be around for 30 years, rather they were expressly designed to be refinanced every one, two, or three years… and now, because frozen credit markets were causing rapidly falling home values, no one would be able to do so.

The collision of these factors had created a flood of foreclosures and there were millions of Americans depending on the Obama plan who were now watching the president debate health care reform.  And while that was going on, month after month, it was becoming apparent that HAMP wasn’t working, at least as it had been advertised.

To make matters worse mortgage servicers were treating homeowners… well, lets just say poorly, and leave it at that.  Okay, why don’t we say very, very poorly.

But any sort of reaction about HAMP’s shortcomings, if you were looking for it to come from the administration, was nonexistent.  In fact, it was two years later and the president still hadn’t said word one about what he had promised, and why the servicers weren’t cooperating… and people were feeling abandoned, at best.

It appeared that Secretary Geithner was protecting the banks at the cost of the country’s middle class, and Obama was backing his play.  Geithner had the country’s credit card and Obama was paying the bill without question.  And as the months passed, incomes continued to fall, unemployment stayed frozen in time, and it was increasingly apparent that the administration was being driven by the concerns of the banking lobby.

Health care reform lost its public option.  Financial reform failed to regulate derivatives.  The Consumer Financial Services Bureau lost Elizabeth Warren in an ugly and protracted fight.  Guantanamo remained open.  More troops were sent to Afghanistan… Iraq remained Iraq.

Neil Barofsky, the SIGTARP, had nothing good to say about TARP or HAMP, and even thought the administration continued to claim we were recovering, the numbers weren’t looking good.

As to the administration’s “policy coordinated with an activist Federal Reserve,” well… I’d play that down if I were you, Ezra… can I call you Ezra?  The Fed’s bloated black hole of a balance sheet is not something the administration should want discussed.  First of all, we didn’t know the Fed was considered a shovel ready project, and secondly, we’re annoyed that we’re not permitted to know to whom the trillions were shoveled.

The only thing the Obama Administration hit with everything they had was the balance sheets of the too-big-to-fail banks.

What Treasury Secretary Geithner and Fed Chief Bernanke have done during the past two years to circumvent the democratic process and pump trillions into banks without having to go back to congress was astounding… and I feel certain improper, as evidenced by the fact that it is never discussed.  They certainly weren’t limited by congress as to what they could make available to the bankers.

The administration made a conscious choice not to lift a finger to help homeowners in this country, and that little fact isn’t going to go away anytime soon, and certainly not just because you don’t mention it.  It may very well cost the president the White House in 2012, because in case you haven’t looked it up yet, five of the swing states are also the states hardest hit by foreclosures… like Florida, for example… and Ohio too.  And I just don’t quite know what to say about that.  It makes me sad.

Klein also touches on the Republicans who claim the stimulus failed, saying… well, whatever.  Who cares?  And then he gives mention to the Democrats who say the only problem with the stimulus was that it wasn’t big enough, blah, blah, blah.  (If anyone wants a breakdown of the stimulus spending, you can find it HERE.)

The key question swirling through Klein’s article seems to be whether the amount of the economic stimulus should have been greater, like say… the $1.2 trillion that Romer wanted in the first place.  And I’m sorry, but this line of thinking is only making me sleepy and pissed off.   It would have made no difference if the stimulus was $1.2 trillion… not one bit.  We’re in a hole so deep that you could pour another a half-trillion into it and not even be able to find it.

Now get this… according to Klein’s interviews with another White House economist by the name of Bernstein (he worked with Romer, but I left him out earlier), the plan was to use the stimulus so wisely that the administration would jolt the economy back to life and then be able to return to congress for more stimulating dough.  I’m serious… check this paragraph out:

“The theory was that success would beget success. Passing the stimulus would stabilize the economy, prove the White House’s political mettle and deliver immediate relief to millions of Americans. That would help the administration build the political capital to pass more stimulus, if necessary. But when the economy failed to respond as predicted, the political theory fell apart, too.”

Holy Mother of God, are these guys just a bit too taken with themselves, or what?  That’s what they thought was going to happen?  Be careful with that paragraph, okay… I’m pretty sure that reading it more than three times causes Parkinson’s.

But wait… there’s more…

“The biggest problem we had in terms of the loss of political capital is we came in and did a bunch of stuff, and things got worse,” says Ron Klain, who served as chief of staff to Biden. “And some of that was just bad luck. If we didn’t have the 22nd Amendment and Barack Obama became president in late March rather than in late January, things would have been much worse when we came in than they were. And then the Recovery Act would have come not in February, but in May. We would already have hit bottom, and it would seem like things were getting better.”

I’m not saying a word… I’m just counting to ten… twice… maybe a third time.

Okay, there’s yet another paragraph, it followed the one above in Klein’s article and I feel compelled to reprint it:

“This has led to a what-if that torments the White House’s political team: What if it hadn’t taken on so much? The administration rushed from the second bucket of bailout funds to the stimulus to the auto-industry rescue to health care to climate change legislation to financial regulation. In a world where the economy was steadily recovering, Obama might have amassed a record comparable to Franklin Roosevelt’s. But as the situation slowly deteriorated, the American people turned against the administration’s crush of initiatives. The frenetic pace made the White House seem inattentive and unfocused amid a mounting crisis.”

Ezra, we need to talk.  You live on a totally different planet than I do.  You wonder what would have happened if the administration hadn’t taken on SO MUCH?  Of all the things that come to mind of which I might wonder about this administration, that’s what you wonder about?  What if they hadn’t taken on so much?  Well, that’s sure a life lesson for me, I’ll tell you what.  I could have made a list of a million things to wonder about this administration and “what if they hadn’t taken on so much,” would not have appeared on the list.

Let’s play a little game just to see what happens…

You said, the administration… “rushed from the second bucket of bailout funds to the stimulus to the auto-industry rescue to health care to climate change legislation to financial regulation.”

So, we’ve got: 1. Second bucket of bail-out funds.  2. Stimulus.  3. Auto industry rescue.  4. Health care.  5. Climate change legislation (okay, I admit that I must have missed that one somehow).  6. Financial regulation.

Anyway… so of those six things…

Question #1: How many of those things have potential whatsoever to have helped the economy by now?

I’m thinking three?  Three out of six?  So, about half the time spent on things to help the economy?  Is that about right?

Question #2: Is there anything at all, that’s not on that list, where you think the administration might have been able to spend some time that could have made the economy better today?

Question #3: Do you notice any major issues that are conspicuously absent from that list, or do you think the administration has hit all the major issues of the day?

Question #4: Is there any issue you can think of, that isn’t on the list, but that is having a huge negative impact on the lives of millions of Americans?

Question #5: Hmmm… not sure how to get my point across… Does the president or anyone on his team ever have time to watch the television program HOUSE?

Oh for crying out loud, Ezra… work with me here.  What’s not on the damn list?  Why isn’t it on the damn list?  Why doesn’t it bother you that it’s not on the damn list?  I’m typing so hard I’m hurting the tips of my fingers, Ezra.  What the f#@k, Ezra?

In your article you suggest that:

“Perhaps the president would have benefited politically from speaking more about jobs and less about health care…”

No, Ezra… not jobs, damn it!  It’s not jobs, Ezra… Think about baseball… what do you get when you hit one out of the park?  Can you answer me that, Ezra?  You do like baseball, don’t you son?

Look what Ezra said about what might have happened if the administration had a better understanding of the recession:

“A more accurate understanding of the recession could, however, have led to a somewhat different stimulus — and perhaps a more durable political strategy. The policy was constructed at breakneck speed, with the emphasis on getting money spent fast. That led to more tax cuts, as they could happen quickly, and less infrastructure, as projects — particularly anything more complex than road repair — can take years to begin, by which point a typical recession has ended of its own volition.”

What did he say?  I must not be reading that right.  Could someone please call me and read me that paragraph.  No, wait.  Don’t.  You’re killing me, Ezra.  Did you really just say that the administration was rushing to spend the money because if they picked projects that took too long, they were worried the recession might have ended already?  Oh, Ezra… shut the front door.

And you just won’t stop, will you.  You’re trying to hurt me, I know it.  Why, Ezra? Why?  Why would you say this:

“A stimulus conducted with the Rogoff-Reinhart lessons in mind might have been broken into pieces and spread over a longer time frame. The administration could have pushed to tie key components such as unemployment benefits, state and local aid, and tax cuts to the unemployment rate rather than setting them to expire after two years. With the knowledge that it had years of low growth to combat, there could have been a short-term infrastructure component — potholes, school repairs and the like — followed, in separate legislation that Congress would have had more time to consider, by a long-term infrastructure component for big investments such as high-speed rail and health-information technology.”

Our father, who art in heaven… hallowed be thy name… thy kingdom come… they will be done… on earth as it is in heaven… What do you want?  Leave me alone, I’m praying.  It’s prayer time for me.  Go away.

But then… out of the darkness comes the light… and Klein’s subhead looked like water must look to a man who has been crawling through the Sahara for 40 days and 40 nights… it read: ‘Politics on housing are hideous’


Yes, Ezra, yes!  They are hideous.  Good for you, my boy!  Come on home with me now, Ezra, come on home with me now.


“Home prices have fallen almost 33 percent since the beginning of the crisis. All together, the nation’s housing stock is worth $8 trillion less than it was in 2006. And we’re not done. Morgan Stanley estimates there are more than 2.2 million homes sitting vacant, and 7.5 million more facing foreclosure. It is housing debt that has weakened the banks, and mortgage debt that is keeping consumers from spending.”

You’re not exactly right, but it’s close enough, Ezra.  I’m so darn proud of you.  Keep going, keep going…

So, he turned to McCain’s economic advisor… the only male I’ve ever known with two last names that hyphenates… Douglas Holtz-Eaken:

In late 2008, when the economy was cratering, Holtz-Eakin convinced McCain that the way out of a housing crisis was to tackle housing debt directly. “What we proposed at the time was to buy up the troubled mortgages, pay them off and let people refinance at the lower rates,” he recalls. “That would have filled up the negative equity and healed bank balance sheets.”

Okay, stop here.  Houston, we have a problem.

Buy up the “troubled” mortgages?  What’s a “troubled” mortgage?  And who would buy them up?  And for how much?  And then let people refinance at lower rates?  Who would refinance them?  Would they have to apply and qualify, or were you thinking we’d just flip the mortgages right back out there based on no verification of income?  How would we know how much the houses are worth?  How would we appraise them?  What about second homes?  Investment properties?  And who would originate these mortgages?  Are you thinking we could get New Century back?  Wamu too?  Calling all mortgage brokers… you’re back in biz and it’s you’re lucky day!

And that would, according to Doug-of-the-two-last-names, “fill up the negative equity?”  And “heal the bank balance sheets?”  Pardon me?  I must have been spacing out there, what was that?

Am I on Candid Camera?  Can you guys all see me, but I can’t see you.  Come on… this can’t be real.  What in the world is he talking about?  Did Doug-of-the-two-last-names get this idea from Sarah Palin’s daughter?  What does it mean, “fill up the negative equity?”  And does this guy have any understanding of what’s on bank balance sheets?  I’m confused, Ezra.  My hair hurts.

So, Holtz-Eakin apparently said:

To this day, Holtz-Eakin thinks the proposal made sense. There was one problem. “No one liked that plan,” he says. “In fact, they hated it. The politics on housing are hideous.”

I have no idea what to say here.  They’ve done it.  They’ve beaten me.  Completely stumped.  What should I say?  Oh wait, I know…

Lo siento.  Que se mejore pronto!

(It means: I’m sorry. And I hope you get better soon.)

Okay, Ezra, come on home…

“The Obama administration, perhaps cognizant of the politics, was not nearly so bold. It focused on stimulus rather than housing debt. The idea was that if people could keep their jobs and pay their bills, they could pay their mortgages. But today, few on the Obama team will mount much of a defense of its housing policy.”

Thank you, Ezra Klein.  Thank you very much.  Please continue…

“Its efforts to heal the troubled market at the core of the financial crisis are widely considered weak and ineffective. The Home Affordable Modification Program, which proposed to pay mortgage servicers to renegotiate with financially stressed homeowners, couldn’t persuade the servicers to play ball and so has left most of its $75 billion unspent. The Home Affordable Refinance Program was projected to help 5 million underwater homeowners. It has reached fewer than 1 million.”

Aha!  So, Ezra… You DO know that the foreclosures ARE AT THE CORE of the financial crisis!  Does that mean they know?  And if not, could you lob a call in to the White House and spread the news.

But, according to Klein, the administration says, the choices are mostly between timid and unworkable.”

Question: Talking into account that this administration has done nothing right as related to the foreclosure crisis, how would it know that it’s even looking at the right list of choices?

Klein reviews them next…

“One problem was that mortgage finance giants Fannie Mae and Freddie Mac were ultimately controlled by the independent Federal Housing Finance Agency. Created by Congress in 2008, the agency was initially led by a Bush administration appointee, James B. Lockhart III, and when he stepped down, by his deputy, Edward DeMarco. The Obama administration’s November 2010 effort to nominate its own director was foiled by Senate Republicans.

By that time, the administration had been in office for almost two years and seen the Democrats’ 60-vote majority in the Senate come and go. If it had moved more quickly to appoint a director when it had firmer control of the Senate, it could perhaps have used Fannie and Freddie to kick off a giant wave of refinancing for underwater homeowners. That alone would have done something to ease the pressure on stressed households.”

No, that would never have worked anyway.  It’s apparent that no one knows how to play this game.  What else you got…

“But when talking about what might have worked on a massive, economy-wide scale — that is to say, what might have made this time different — you’re talking about something more drastic. You’re talking about getting rid of the debt. To do that, somebody has to pay it, or somebody has to take the loss on it.”

Well, that’s kind of an oversimplified view.  These guys in the administration will never get near a solution thinking like that.

“The most politically appealing plans are the ones that force the banks to eat the debt, or at least appear to do so. “Cramdown,” in which judges simply reduce the principal owed by underwater homeowners, works this way. But any plan that leads to massive debt forgiveness would blow a massive hole in the banks. The worry would move from “What do we do about all this housing debt?” to “What do we do about all these failing banks?” And we know what we do about failing banks amid a recession: We bail them out to keep the credit markets from freezing up. There was no appetite for a second Lehman Brothers in late 2009.”

Ezra, please call whoever said that paragraph and have him call me.  Tell him he is not making complete sense.  He’s got his concepts a little jumbled.  He’s got investors mixed up with banks, with servicers… he’s tangled up in blue.

Okay, now get what Klein says next… and please pay attention, this is very important…

“Which means that the ultimate question was how much housing debt the American taxpayer was willing to shoulder. Whether that debt came in the form of nationalizing the banks and taking the bad assets off their books — a policy the administration estimated could cost taxpayers a trillion dollars — or simply paying off the debt directly was more of a political question than an economic one. And it wasn’t a political question anyone really knew how to answer.”

They simply don’t know what to do.  This is what happens when you fill a room with too many Harvard types, and believe me, I know… I have a whole gaggle of them in my family.  Too many in the room at once and the group can’t even feed itself.

Ezra, you go girl…

“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.”

Ezra, you just validated every thing I’ve done for the last three years.  That’s exactly why I started writing my blog.  Right there… Bingo!  They painted themselves into a corner.  They told everyone that the financial crisis was the fault of irresponsible sub-prime borrowers.

They know now that it wasn’t correct, but people think it… and now what would fix the problem, they can’t do because politically, most of the country won’t sign on to help “irresponsible sub-prime borrowers.”  Right?

Then Klein takes us back to the day Rick Santelli, in one short rant, managed to cost this country’s middle class millions of homes, trillions in equity, and an untold number of lives.  The man has more blood on his hands like he could ever know.

“This is America!” he shouted from the trading floor at the Chicago Board of Trade. “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?”

I’m not going to say a word.  Can you guess what I’m not saying?  I think you can.

Klein’s last paragraph on housing…

“Ultimately, concerns about the politics and policy questions behind widespread debt forgiveness were sufficient to scare the administration off of the policy. It’s a decision some ex-members of the White House regret.”

“If we had thought harder about Rogoff and Reinhart, we might have made some different trade-offs regarding debt reduction,” Bernstein says. “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.”

Well, isn’t that nice?  Makes me feel all warm and fuzzy inside.

From there, Klein tackles the Federal Reserve and its ongoing tug-o-war over inflation, at a time when some inflation would have helped.  It’s certainly true, and the way things are today, we should all be praying for inflation, not that it’s coming any time soon.

Why there are a group out there claiming that hyperinflation is right around the corner… I don’t really know.  It isn’t.  The Fed can’t create inflation under the circumstances we face today.  And before we worry about inflation, lets see if we can somehow pull out of the deflationary spiral we’re locked into now.

It’s Deflation Silly…

Deflation is the negative feedback loop that in this instance began with credit markets that froze solid in July of 2007.  These markets froze because investors no longer trusted the credit ratings on mortgage-backed securities and other complex (and opaque) derivatives like CDOs, which are collateralized debt obligations.

Debt securities have credit ratings.  Just like people have credit ratings.  Imagine if you want to finance a car.  If you have a high credit score, you’ll get a low interest rate, and if your credit score is low, you’ll pay a high interest rate.  Well bonds, which are debt securities, are the same sort of thing… you can think of them as being IOUs.  If the bond’s rating is AAA rating, it will pay a low interest rate, if it’s BBB it will pay a higher interest rate.

So, whether a bond or a pe