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Views » August 21, 2008

Our Toppling House of Cards

By Julianne Malveaux

Deregulation -- and the shadow banking system it created -- shredded the financial safety net that the Great Depression had produced.

It is painful to watch a house of cards topple. Yet, even as it’s being built, we know its destruction is imminent.

The collapse of our nation’s housing market might have been predicted by the banking sector’s overzealous expansion in homeownership and the infusion of home-equity loan dollars into an otherwise dragging economy.

Once upon a time, home loans were offered at fixed rates for 30 years. People saved 20 percent of the value of a home to show credit worthiness. Mortgage payments didn’t fluctuate on fixed-term loans and there was no element of gambling involved in the process.

In the last decade, though, the government developed lending instruments to facilitate homeownership — rates were fixed, rates were variable, payments were set at lower than the interest rate, with high balloon payments expected at the end of a loan. Mortgage brokers worked with borrowers with credit challenges to find loans, offering loan terms that were affordable in the short run and disasturous in the long run.

This fiscal creativity was a function of home values rising so rapidly that people could count on tapping into extra cash and income from their home equity to finance automobiles, education and consumer spending.

Lenders decided to gamble and turn a market that generated marginal profit into one that produced big money. Those deemed not credit worthy — or those without access to information about affordable loans — got subprime loans that offered them too little for too much. Those hoping to renovate their homes, for example, found themselves offered more loan than they wanted, and at higher terms than they were comfortable with.

But there was so much profit to go around that even people with shaky credit histories found themselves barraged with offers to borrow — albeit high-interest ones.

A proposal from Rep. Barney Frank (D-Mass.), chair of the House Financial Services Committee, could prevent as many as 400,000 foreclosures by refinancing mortgages through the Federal Housing Administration. Frank and Rep. Maxine Waters (D-Calif.) are likely to hold hearings in September on the foreclosure crisis. Frank says his plan will not cost taxpayers, although the bailout of homeowners — and of financing institutions — does put some burden on taxpayers.

What happens to the bankers who made loads of money on an inflated market? Should those who profited from developing unfair loan terms emerge from this crisis unscathed and untaxed on their earnings?

What about renters? While homeowners in trouble are getting a bailout from the Treasury, renters remain disadvantaged in our national obsession with homeownership. Renters don’t get the benefits from tax write-offs on mortgage interest. And if their landlord or property owner fails to pay his or her mortgage, the renter is evicted. Worse, renters are now among the taxpayers who will pay for the housing bailout.

The collapse of the housing and financial markets has Reagan-era roots. Beginning with the passage of the 1980 Depository Institutions Deregulation and Monetary Control Act, Congress instituted measures that encouraged financial deregulation. As a result, the financial services industry — a sector that had once been among the most stable and highly regulated — became one of the freest and most unfettered markets.

In 1994, the Neal-Riegle Interstate Banking Act removed restrictions on banking networks and branch banking. Five years later, the Gramm-Leach-Bliley Act repealed banking regulations that dated back to the ’30s and ended the separation between insurance companies and banks.

Deregulation — and the shadow banking system it created — shredded the financial safety net that the hardship of the Great Depression had produced. Now, more than a dozen banks have been targeted for closure, the housing market is in shambles and financial markets, too, are feeling the pressure of a decade of bad decisions.

While the crisis will not approach Depression-era levels, many of the ingredients for further tension exist:

Too many homeowners can’t pay their mortgages, despite federal legislation.

Too many banks are impeding growth because, newly chastened, they won’t lend to potentially good businesses.

And too many borrowers, lenders and bankers are being forced to re-evaluate the fundamentals of transactions.

When the dust clears, those of us who didn’t profit when the house of cards was built will be left with the debris — and the shattered lives of those who were at the bottom.

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Julianne Malveaux is the president of Bennett College for Women in Greensboro, N.C. She is an economist, author and commentator, and has been described by Princeton professor Cornel West as "the most iconoclastic public intellectual in the country."

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  • Reader Comments

    The obsession with home ownership is a large part of the problem.

    Too many have become comfortable with the idea o deserving what they want. Advertising has played on this for some time: “Get the car you deserve!” “Plan for the retirement you deserve.” it may have started with only “You deserve a break today,” but we’re way past that now.

    The PURSUIT of happiness is what you deserve, not the “gift” of happiness.

    Government intervention, pre-bubble with eliminating restrictions and post-bubble with “protecting” the home buyers is no different from a parent picking up the pieces when an unruly child goes berserk.

    The government, my friends, is you and me and all the others who have only bought what we could afford, when we could afford it.

    The policy of paying lending agents a percentage of the loan, banks buying mortgages in a “grab bag,” insurers and appraisers glossing over details and granting higher values are all ways of making unwarranted financial gains and yet they are nearly universally being protected too.

    Many articles were written about how easy it was to “flip” houses and the no money down, interest only loans now allow both those who could not afford a house and those who were playing Russian Roulette to simply walk away.

    There is plenty of blame to go around from individuals overreaching their ability to pay, all the way up to the congressional oversight committees, but the voter pacifying ‘solutions” are at least as bad as the problem.

    Shut down the two Fannies!  Let the market absorb the overstock. Let those who gambled suck it up. AND prosecute those who have committed the world’s biggest fraud —ever!

    As it is now — no one will have learned to take responsibility for their actions, In fact, just the opposite — they will all have learned what they can get away with and do it again.

    Posted by whattheheck on Aug 21, 2008 at 12:39 PM

    WTH,

    Owning a home is a good thing in the long run and any family should naturally desire stable long term living conditions. The obsession wasn’t home ownership, but using a house as an investment opportunity. And yes, this was advertised relentlessly by industry and the federal government supported the practices of the industry.

    Long before the sub prime bust there were some political voices trying to put in some control over finance companies, protections. In several states efforts were made to regulate, but along came the lobbyists to thwart those efforts.

    But you and I know that even Wall Street had its role to play. Creating these derivatives trading in mortgages was nothing but Ponzi Schemes to make money for those at the top or the beginning of the scheme. Wall Street has in fact become obsessed with making money off of money. And to do that they’ve had to create financial instruments that never existed before. This is surely a sign of an industry that has overgrown itself.

    Shutting down Fannie and Freddie isn’t going to solve anything, they hold zillions of mortgages (good and bad ones). That would plunge us into something worse than the S&L;fiasco of the 1980s. But the answer to them isn’t going to be simple, I haven’t seen a good answer yet.

    The deeper problem is that the overall American economy combined with a Wall Street and federal government indifference to that economy has become lost. Having government involved with home loans has worked before (remember the masses after WWII and the GI Bill), so the Fannie/Freddie problem may indeed need the government to take over them…IF…its NOT done in some alignment with corporations. In time, the problem will work itself out. Unfortunately the problem can’t be truly addressed and assessed until the housing market has fully readjusted to reality, home prices having reached bottom. When that will be, who knows? Certainly not those “experts” who have incorrectly predicted bottoms countless times in the past year or so.

    Posted by Jon B on Aug 25, 2008 at 11:54 PM

    Jon B,

    I must agree that there are advantages to home ownership, some of which you have mentioned. But the problem for ordinary people (excluding those who were playing the real estate market for fun and profit) is many who bought could simply not afford them.

    Our schools have been criticized for many things. Comparisons with other countries show a lot f shortcomings, but to me their main purpose should be to prepare a student to deal with the issues of everyday life.

    Prior generations graduated people who were generally more able to do the tasks at hand — prepare healthy meals, qualify for productive work, balance a checkbook, etc. Now a lot of school energy is devoted to avoiding lawsuits (racial prejudice, sexual harassment, injuries), security (police in the halls) — things which in my time we never dreamed of.

    The alternative is to learn from experience. Poeople need to take responsibility for their own mistakes. I was self emplooyed for all my working life except three years in a corpporation and my military service — I soon learned when I was getting a snow job.

    Those who took advantage of people’s naive business approach are learning once again they can get away with it and pass the cost on through our government to the taxpayer. Long Term Capital Management was the last previous “too big to let fail” and here we go once more — setting a new record.

    Those who signed up for ARMs should be allowed to learn it is a stupid idea.

    We had regulations which were systematically erased. We had agencies assigned to prevent these kinds of business practices. They ignored and in some cases encouraged this to happen. Alan Greenspan is a prime example of those who condoned instead of constrained.

    The limits on the two Fannies were raised to outrageous heights. A person buying a $400,000 house should get NO HELP from the government!  Like most government backed situations there are those who quickly see the opportunity to exploit. No one and no program is essential — including Fannie and Freddie. If a lender won’t lend it is for a reason — usually because it is a bad business plan. Backing loans by the government purse removed all cautionary factors ( for both sides as it tuned out).

    Both were originally under direct government control and spun off to dodge responsibility. Congress is once again dodging responsibility. (See Money Magazine’s SEP 2008, pg 98) Senator Barney Frank says, “Back in 1994, Congress gave the Federal Reserve the authority to ban irresponsible mortgages.” He goes on to say Alan Greenspan refused to use that authority and…“Congress can give people authority; we can’t compel them to use it.”  BULL!  Congress is elected to do just that!

    Why haven’t we heard anything about the conflicts of interest in this whole mortgage mess? Greenspan and now Paulson are long time Wall Street figures who are now protecting Wall Street, pure and simple. The rating agencies gave AAA labels to crap! The head of Fannie mae, just like the heads of brokerage firms made big bucks as they ran things into the ground — they get to keep the money. With the de facto national ization of Fannies and the acceptance of junk rated collateral, the Fed is writing a blank check to save those who did this.

    What we need is an obsession with protecting the American citizen from those who are profiteering through the government’s laxness.

    Posted by whattheheck on Aug 27, 2008 at 12:34 PM

    WTH,

    Can’t find much to disagree with you.

    I do think the whole mortgage boom was nothing but a Ponzi Scheme. Intelligent people created the structure of finance and lack of government oversight during the boom. The rules changed and people that shouldn’t have gotten homes, did. But those rule changes were designed by those intelligent people who understood that they were going to both make a ton of money (or their friends were) and that good mortgage practices of the past were to be eliminated.

    They must have known that the new people that became eligible to buy these new type of mortgages, were in low income levels (who by the way are the least educated….poor and uneducated are related as lack of education leads to less income) or were on fixed incomes. Other candidates for these mortgages included the younger workers wanting a quick start as investment and living arrangements but who are also prone to job layoffs (least seniority) or simply bad spending habits, and people who are in change such as the newly divorced, recent bankruptcies, jobs of less than one year, etc.

    The above paragraph can be described with one word (but of course I’ll use many words, I can’t help myself). That word is “risky.” Those intelligent people believe in a mantra, you can’t make a lot of money without taking a risk. But they also believe in hedging their risk, and they did by rigging the rules in their favor. They also got that bankruptcy bill passed, isn’t that an interesting coincidence, just before the mortgage meltdown. Who could predict that? Intelligent people with money and power could accurately predict it.

    Anyway, they passed the laws and cut the rules to allow risky home buyers into the market, make their millions, then protect themselves a little better with a bankruptcy change, and of course walk away from the whole mess they created scott free. Oh, sure,,,they are charging some of the middle men of the scam but they are nothing but the sacrificial lambs of the rich and/or powerful who rarely get jailed. The middling men going to jail were never in the “club” anyway.

    Meanwhile, those risky people with the crap mortgages are losing their dreams. And why not have dreams? They were advertised relentlessly to live the American Dream. In lieu of the meltdown, I’d call it The American Propaganda, brought to you by the rich. 

    Of course once the scam was set in motion, many others jumped in to take advantage themselves. It becomes a wave of greed, lies, and euphoria. The wave has crashed upon the shore.

    Yes, people playing the mortgage game like Monopoly shouldn’t be much sympathized with, but those who had an American Dream need empathy. Like the lower income fixed income retiree, confused by the come-ons, refinances to maybe fix up their long term home, but then gets nailed by interest jump after a few years. Or the guy who just divorced and took a new job and had to relocate, and then maybe the new company goes bust. Hundreds of thousands of people with honest dreams, not the fake American Dream, tried to use the opportunity of the new mortgage environment to try for those honest dreams.

    Posted by Jon B on Aug 27, 2008 at 2:06 PM

    WTH,

    To add to above…I can’t help but express that for people that wanted an honest and reasonable dream come true, they were really smashed over the head with advertising, advice, promotion, enticement, etc. It was “buy a house” sloganing from all angles. An onslaught of info that made dreams come true, if only for a few years. You couldn’t turn on a TV for more than a few hours without someone telling us, “home ownership was great” in some form. It came from cable news, finance shows, cable home decorating shows, and of course all that advertising between the shows and channels. Rock the Di Tech in the Countryside.

    You know, I tried to take advantage of the boom. I thought the home crash was going to happen in 1998 or so. At that time my house leaped in value in just five years and I couldn’t help wonder when the bust would come. I thought Long Term Cap. would have slammed our economy (it should have under free market capitalism, but the government had to step in and bail them out to save the system). I sold my home at a decent profit and expected in a year or two, that I would be buying in a somewhat falling market. But,I was wrong. It took almost another decade for the bust. I mean I did expect it to happen, just too early a prediction. I’m like that, the impatient seer. I see something I expect to happen, but predict it happening sooner than it actually does.

    The housing boom had been building for over 15 years. And it wasn’t a gradual upturn, it was up, up, and away. It certainly is classified as a classic euphoric bubble.

    Posted by Jon B on Aug 27, 2008 at 2:42 PM
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