Showing posts with label Dodd Frank. Show all posts
Showing posts with label Dodd Frank. Show all posts

Thursday, April 2, 2015

The Housing Bubble 2.0



Combine economic illiteracy of the public with Democrat racial politics and you have a sure recipe for disaster. So it was it 2007 with the financial meltdown. And so it now seems that, because of the same illiteracy and racial politics, we will be repeating that meltdown sometime in the foreseeable future.

Let's review the origins of the subprime crisis that brought our economy to its knees in 2007. In the early 90's, a charge was leveled that banks were being discriminatory in their lending practices. It turned out upon review to be a mistaken charge, but by then the facts no longer mattered. The left went on a jihad to force banks to lower their colorblind lending standards that had been developed based on over a century of experience showing that, if a borrower had sufficient capital of their own invested in a house (10% to 20% at time of purchase), than the loan was far more likely to be repaid. The left empowered community groups such as ACORN to bring suits against banks without the slightest evidence of discriminatory intent in lending standards beyond mere statistical disparities in the number of loans issued to minorities. Bill Clinton coupled this with a massive program to increase mortgage loans through the quasi government agencies, Fannie Mae and Freddie Mac, who began underwriting mountains of loans with little or no money down.

The subsequent explosion in subprime and alternative home mortgages gave the illusion of wealth. In reality, it was a cancer, but one made exponentially worse by the biggest scandal of the whole bubble, that credit rating agencies were giving triple-A ratings to bonds backed by subprime mortgages. The Credit Rating Agencies did so, one, knowing that these were highly risky investments, they did so with the connivance of Fannie Mae and Freddie Mac, and they did so with the full knowledge of our legislators. Barney Frank led the left's charge to beat back any attempt at stopping this insanity by repeatedly playing the race card, right up until the whole system collapsed. With the bonds AAA rated, they could lawfully be purchased by any financial institution in the world -- and thus did the contagion spread. Added to this were Credit Default Swaps, a rather brilliant form of private insurance between institutions that became regularly used in regards to these AAA rated, subprime mortgage backed bonds. They would have worked fine if the market dipped, but when the housing market tanked completely, the Credit Default Swaps failed also, adding a huge layer of complexity to the problems faced by our financial institutions. Thus the 2007 meltdown that threatened the viability of most banking institutions in the U.S. and many in Europe.

With Obama's win in 2008, any chance that we had of addressing the actual causes of the financial crisis that ruined our economy was lost. Obama blamed the meltdown on some vague allegations of "Wall Street greed" and Credit Default Swaps. The prime architects of our financial meltdown, Barney Frank and Chris Dodd, drafted legislation that severely burdened our financial institutions, and did worse than nothing about any of the actual causes of the meltdown. The deeply misguided social engineering of our lending standards were not simply ignored in the legislation, but actually significantly strengthened -- to the point that Eric Holder, in his time as Attorney General, has claimed as one of his stellar achievements to be strong arming banks into lowering lending standards even further. Zero down loans were allowed to continue. Fannie Mae and Freddie Mac were left intact to continue to underwrite risky mortgages. No changes have been made to the Credit Rating Agencies. And worse, the legislation, by providing de facto government backing of large banks, has seen smaller banks across the nation, the ones that fully knew and supported their communities, forced to shutter their doors, making our nation as a whole ever more dependent on a few colossal institutions that really are "too big to fail." Plus there is the fact that a whole swatch of people who should have been jailed over the fraud that drove this system have not, and will likely never, pay any price.

So, on that happy note, there is this the other day from John Stossel:

They're doing it again! . . .

Then the politicians said, "We'll fix this so it doesn't happen again." Congress passed Dodd-Frank and a thousand new regulations. The complex rules slowed lending, all right. It's one reason this post-recession recovery has been abnormally slow.

But -- April Fools'! -- the new rules didn't solve the problem of reckless lending, and it's happening again.

Because our government subsidizes home purchases, recklessness is invited. Somehow, Americans buy cars, clothing, computers, etc. without government guarantees, but politicians think housing is different. . . .

At the time of the housing crash, most high-risk loans were guaranteed by the government. Those banks wouldn't have been as reckless if they had their own money on the line.

But they knew they could grant a mortgage to most anyone and the FHA would back it or government-sponsored companies Fannie Mae and Freddie Mac would buy it. That fueled the frenzy of lending.

After the bubble popped, I assumed the political class would learn a lesson, but they haven't. Today, even more American mortgages are guaranteed by government. More than 90 percent of new loans are backed by taxpayers. After the crash, Fannie and Freddie did raise their minimum down payment -- to a measly 5 percent -- but a few months ago, they lowered it again to 3 percent!

Are they crazy? A sensible congressman, Rep. Jeb Hensarling (R-TX), tried to get an answer from the administration's new mortgage regulator, asking in a hearing, "All things being equal, is a 3 percent down riskier to the taxpayer than a 10 percent down loan?"

A pretty basic question -- but one that director Mel Watt still dodged, responding, "Mr. Chairman, that is generally true. But when you pair the down payment with compensating factors ... look at other considerations ... you can ensure that a 3 percent loan is just as safe."

What? That's nonsense. This is what happens when pandering politicians get to dispense your money. Watt is among the worst. When he was a congressman, he pushed for mortgage subsidies for welfare recipients who made down payments as low as $1,000.

Edward Pinto, who studies housing risk for the American Enterprise Institute, says policies like this put us on the way to another bubble: "The government is once again ... saying, let's loosen credit, give loans to people that potentially can't afford them, and everything will be fine because house prices will go up."

On my show, former FHA commissioner David Stevens, who did improve lending standards a bit after the crash (before Watt and his cronies weakened them), responded that this time the government has new regulations that will prevent things falling apart: "I think in the effort, post-recession, to make sure we never go down this path again, we have created more rules than ever existed in the history of this country."

But more rules aren't a solution. Government's regulators didn't foresee the problems last time. Fannie and Freddie got a clean bill of health right up until the collapse.

The solution is less government involvement. Canada doesn't have a Fannie, Freddie or FHA. Canada didn't have the trauma of a housing bubble. In Canada, lenders and homeowners risk their own money.

Does that mean Canadians cannot afford homes? No! Without all that government help, Canada's homeownership rate is higher than ours.

Back to the future, eh.





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Monday, March 2, 2015

Wolf Bites



Semper speed dial: If You Want Something Done, Ask A Marine

More Mysterious Than The Setting Of The Sun: CNN’S ‘Religion Expert’ Has Absolutely No Idea Why ISIS Is Targeting Christians

Given The Track Record Of The Blue Urban Governing Model, Who Could Have Seen This Coming: Chicago Nears Fiscal Freefall

Measured Against What Moral Code?: Can Atheists Be Moral Too

I Called This In 2008: Dodd-Frank institutionalized bailouts and bad banking practices

A Timely Public Service Announcement: Don't Drink

When Cops Go Bad: Video Exonerates Man Set Up By Louisiana Police

Stand At Attention & Salute: National Commando Day





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Thursday, January 31, 2013

The Next Subprime Crisis - Obama's Consumer Financial Protection Bureau Strikes With A Vengeance

Obama's Consumer Financial Protection Bureau has issued new regulations requiring banks not merely to continue making 'subprime' loans that were at the heart of our 2008-09 economic meltdown, but the new regs require the banks to issue such loans at 'prime' rates. This from IBD:

The War On Banks . . .

New mortgage rules issued last week by the administration will have the effect of forcing lenders to approve prime loans to borrowers who would normally only qualify for subprime loans carrying higher interest rates and fees to cover the added risk of default.

Banks are already under renewed pressure from federal prosecutors and regulators to make home loans to low-income borrowers with blemished credit as part of the administration's stepped-up enforcement of anti-redlining laws [the Community Reinvestment Act - the law at the heart of our last economic meltdown].

Before the [2008] mortgage crisis, lenders were able to hedge losses by placing such homebuyers in higher-cost subprime mortgages — something the government at one point actually encouraged as part of a strategy to expand credit opportunities for lower-income minorities and close the racial "mortgage gap."

But under the new mortgage rules, loans with subprime features do not fall under the official government definition of "qualified mortgages," and therefore do not provide a "safe harbor" against lawsuits and other action. As a result, analysts warn lenders may end up having to "subsidize" riskier borrowers at the expense of other customers.

The Consumer Financial Protection Bureau, the Dodd-Frank Act-created agency that wrote the 800-page mortgage regulation, has decreed that the way to distinguish a prime loan from a subprime loan is by the interest rate charged, even though the main distinguishing feature of a subprime loan is a sub-660 credit score.

"Under its tortured definition of 'prime,' a borrower can have no down payment, a credit score of 580, and a debt (-to-income) ratio over 50%," as long as the borrower is charged a prime rate, said former Fannie Mae chief credit officer Edward Pinto. [emphasis added]

Mortgages carrying a prime rate, or one within 1.5 percentage points of the national average, will have the strongest level of legal protection, according to the regulator. Analysts say this rule effectively limits lenders' ability to price for risk. Lenders who charge rates above the 1.5-point threshold open themselves up to legal liability.

Starting in January 2014, when the new rules take effect, borrowers who default on nonqualifying home loans will have the power to "raise a foreclosure defense" against banks, according to Joseph Barloon, a lawyer for New York-based Skadden, Arps, Slate, Meagher & Flom. Pinto, now a fellow for the Washington-based American Enterprise Institute, agrees: "CFPB's definition will force a lender to either subsidize risky loans to get the presumption of affordability (for lower-income borrowers), or subject itself to a rebuttable presumption (by charging subprime rates), which will bring certain litigation from the tort bar at every attempt made to foreclose."

In addition, lenders who underwrite such nonqualifying loans could open themselves up to federal charges if recipients are minorities.

CFPB has the power to enforce "fair lending" laws, and is already coordinating lending-discrimination cases against banks with the Justice Department.

As part of recent consent decrees, Justice has ordered several bank defendants to approve prime-rate mortgages for African-Americans and Latinos who otherwise would not qualify for them.

For instance, First United Security Bank of Alabama must set up a "special financing program" for African-Americans. According to the 25-page federal order, the program must offer them interest rates and other terms "more advantageous to the applicant than it would normally provide" — even if the applicant "would ordinarily not qualify for (a discounted) rate for reasons including lack of required credit quality, income, or down payment."

As I wrote a few days ago:

The next great recession in the U.S. is going to look surprisingly like the last one. The exact same policies that led to the 2008 recession are being followed - and indeed, in many cases strengthened - by the Obama administration.

Admittedly, that was before I saw this new regulation. This makes things exponentially worse for banks than they were in the lead up to our economic meltdown in 2008. This is just horrendous. It is not a solution to cure actual racism. It is pure leftwing social engineering, that as we well know, carries with it an unconscionable price for all Americans. Obama, like the entire left, sees our economy as a cash cow to be milked at will and altered on a genetic level, all in the belief that the cash will never stop flowing. Consequences, even such obvious ones as from the subprime crisis of 2008, are simply ignored. It simply defies belief. Of course the other issue is that this is going unmentioned by conservatives in Congress. That too defies belief.

Update: To see that same attitude playing out at the municipal level, look to John Fund's recent article on how Detroit's political leadership is operating on pure fantasy and denial.







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Tuesday, January 29, 2013

Setting Us Up For The Next Great Recession

The next great recession in the U.S. is going to look surprisingly like the last one. The exact same policies that led to the 2008 recession are being followed - and indeed, in many cases strengthened - by the Obama administration.

One of the great tragedies of the left taking control of the Presidency and both houses of Congress in 2009 was that the nation never learned the reasons for our economic meltdown. That means the real problems haven't been fixed.

If you listen to Obama and the left, the sole causes of the meltdown were Wall St. greed, the derivatives market, and deregulation - though even that which they complained about, the repeal of the Glass Stegall Act, occurred under Bill Clinton in 1999. The true culprits, subprime lending, the disastrous Community Reinvestment Act that was used to eviscerate lending standards, ostensibly to cure racism, and a historic fraud perpetrated by bond rating agencies in collusion with our government, are never mentioned.

As I pointed out when Dodd Frank was first proposed, the terms of that bill actually strengthened the policies that gave rise to the housing bubble. The effects are now being felt. A month ago, AG Eric Holder bragged about strong arming thousands of bankers for imaginary racism in lending. Now this the other day from IBD:

Despite new evidence the Community Reinvestment Act led to riskier lending and played a key role in the subprime mortgage crisis, the Obama administration is broadening the anti-redlining regulation's authority and scope, spooking bankers.

A recent study by the National Bureau of Economic Research, the nation's pre-eminent economic research group, states that the CRA "clearly" had a major impact on the flood of subprime loans made in the late 1990s and 2000s, which directly led to the housing crisis.

By quietly expanding the regulation, analysts say President Obama is picking up where President Clinton left off in April 1995, when he rewrote rules for what had been a largely toothless law as first drafted in 1977. Through executive orders, Clinton set strict numerical lending targets for banks in "underserved" neighborhoods, while ordering regulators to crack down on alleged bank redlining.

The new rules for the first time mandated that banks use "innovative" or "flexible underwriting practices." Compliance required banks to pass a heavily weighted "lending test" or suffer holds on expansion plans.

The CRA overhaul "has been a disaster," said ex-BB&T CEO John Allison in his recent book on the financial crisis. He argued it's forced "banks to participate in making high-risk housing loans to low-income buyers who would not meet traditional bank lending standards."

Added Allison, who now heads the Cato Institute: "The default rates on these low-income loans are extraordinarily high."

Still, the Obama administration wants banks to step up approval of such low-income mortgages. And it's using the CRA to spur more lending, including:

• Forcing banks through threat of prosecution to expand their CRA assessment areas to include inner-city areas blighted by subprime foreclosures, where they are compelled to invest in new brick and mortar.

Many banks, in fact, are under direct federal orders to open new branches or ATMs in high-risk and unprofitable areas of Detroit, St. Louis and other cities hit hardest by the recession. . . .

• Ordering bank defendants accused of lending bias to underwrite riskier CRA loans at discounted rates.

For instance, Justice has ordered First United Security Bank of Alabama to "ensure that residential and CRA small business loan products are made available and marketed in majority African-American census tracts," while offered on terms "more advantageous to the applicant" than normal.

• Toughening CRA enforcement by bank examiners, . . .

• Broadening CRA examination guidelines to include loan "pricing discrimination," and instructing examiners to take a closer look at improper "steering" of minority borrowers into subprime loans with higher interest rates and fees.

• Using the threat of CRA "noncompliance" and denial of expansion plans to pressure bank defendants into settling "fair lending" cases, while scaring other banks into lending in low-income minority areas where the banks aren't located. . . .

• Pressuring banks to fund HUD's new $7 billion Neighborhood Stabilization Program to earn CRA credits under a new "community development" test.

And it is not just banks. The major bond rating agencies are still giving subprime mortgage backed securities AAA ratings. This is just pure fraud being driven by government policy. People should be in jail over this. But that is not the concern of our government when it comes to the bond rating agencies. They are only being punished when they threaten to downgrade U.S. government debt:

. . . when S&P finally downgraded the US one notch in August 2011, the SEC and Justice Department announced that S&P was under investigation, just two weeks later.

Egan-Jones, a smaller rating agency, has been even more aggressive, downgrading the US credit rating three times in 18 months. And while the federal government may not have imposed Diocletian’s death penalty, they are just as willing to squash dissent.

In a country that churns out thousands of pages of new regulations each week, it’s easy to find a reason to go after someone. As you read this letter, in fact, you are probably in violation of at least a dozen regulatory offenses.

In the case of Egan-Jones, the SEC brought administrative action against the agency within two weeks of their second downgrade. And a few days ago, the case was settled.

I’m sure you have already guessed the ending: Egan-Jones is banned from for the next 18 months from rating US government debt. They’ve effectively been silenced from telling the truth. . . .

We are being set up by the left for our next massive economic meltdown. This is beyond travesty.





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Monday, October 15, 2012

George Will: Dodd Frank, Capitalism, & Banks Too Big To Fail

Capitalism — which is, as Milton Friedman tirelessly insisted, a profit and loss system — is subverted by [banks deemed "Too Big To Fail"], which socializes losses while leaving profits private. And which enhances the profits of those whose losses it socializes. TBTF is a double moral disaster: It creates moral hazard by encouraging risky behavior, and it delegitimizes capitalism by validating public cynicism about its risk-reward ratios.

George Will, Too Big To Maintain?, Washington Post, 12 Oct. 2012

Amen. Do read George Will's exceptional column, discussing what Romney referred to in the last debate, that the Dodd-Frank law "constitutes “the biggest kiss that’s been given to — to New York banks I’ve ever seen.”







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Thursday, March 15, 2012

So Did The Housing Crisis Cause Our Economic Meltdown & Our Continuing Malaise

Until we get this right - and by that I mean identify the causes of our economic meltdown - we will never fully right our economy, nor protect it from the harm done by the left's social engineering.



I've been beating my chest on this one since October 2008.  The left's social engineering - put into law by the left through the Community Reinvestment Act and forced down the throats of lenders by community organizers - led to the massive housing bubble based on a complete degradation of lending standards.  The bond rating agencies - which have yet to be criminally investigated - were utterly and criminally complicit with Fannie and Freddie in giving AAA ratings to equities based on subprime loans.  These toxic loans created by Fannie spread throughout the world's financial markets.  Wall St. created Credit Default Swaps were insurance policies against default.  They were not the demon the left has made them out to be.  They failed not because of lack of regulation, but because mark to market accounting rules meant that when the bubble burst, the equities based on subprime loans could not be sold and thus had to be accorded a wholly unrealistic value of zero dollars on the bank books.  All of this is what caused the economic meltdown.

It should be noted that in Dodd-Frank, the exact same social engineering that led to the economic meltdown in the first place is not only retained, but strengthened.  It virtually insures that we will again face the same economic issues that led to the melt-down in the first place.    






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