First, I would like to commend my sometimes Democrat sparing partner on Slate, degsme, for pushing me into taking off my Conservative hat long enough to put this together…thanks Degs. Then I will apologize for the length, bad grammar and style that may irritate some. This is a complex topic and this is only my analysis as to how we got to where we are. I’m hoping I can place the whole thing in a single post. I also hope that I am not breaking any rules of etiquette doing this in this manner.
Sub-Prime lending practice
In short: A sub-prime mortgage was granted to persons who did not fit all of the tradition requirements of lenders…20% down, sustained income, good credit history (rating), loan payment did not exceed 25% of net income. Certain traditional qualifications were lessened or eliminated to make the loan easier to obtain, providing that other traditional qualifications were shown to be strong. The risk factor attached to the loan was based on how many of the traditional qualifications had been adjusted.
There were no real and solid legal regulations as to how a lender constructed the loan; this process was left to the discretion of the lender under the assumption that the lenders would act in their own self interest using “sound lending practices”. Individual lending institutions could determine what forms of loans and how many of the loans that they could sustain.
While this formula expanded lending for homes and small businesses to some extent the practice was not aggressive enough to make substantial change in blighted communities. Blighted being defined as an area of low economic activity and low home ownership rates.
Theory behind CRA
The CRA was put into effect to help remedy the situation in these blighted areas. Before the advent of the sub-prime loan lenders were engaged in a process known as redlining where certain blighted communities were declared off-limits to lending due to high poverty levels and lack of economic activity. The process was inherently discriminatory and unfair as these communities were also, at least in part, populated with persons who had a history that was financially sound. These persons were denied loans purely on the basis of geography. Many of these, not by any means all, were heavily populated by African-Americans which became a basis for a charge of racism against lenders. This charge has had political ramifications although there is no actual proof that redlining was practiced for any reason other than economical concerns.
At the core of the CRA was the belief that lending into these areas would increase economic activity and build a stake in the community by means of property ownership. An increase in small business ownership would provide jobs and with those jobs, a chance to build credit which would lead to more home ownership. Home ownership would lead to a greater sense of belonging, pride and concern for the rest of the community and relieve the condition of blight over time. This is a sound principle and sub-prime lending became a vehicle for advancing these loans.
Effects and expansion of the CRA
For many years sub-prime lending occurred without any deleterious effects on lenders. The lending institution was fully responsible for the loans it made and so lending was advanced while at the same time sound business practice was in place and the repayment rates in the sub-prime market was high. However, the lending and its outcome were not sufficient enough to revitalize the blighted communities meant to be addressed by the CRA. Community activist organizations as well politicians began to look further into the problem of these communities and came to the conclusion that further lending was needed. As a means of spurring lenders into making more loans a rating system for the lenders was adopted and attached to compliance with CRA mandates and goals. The system of ratings is based on the numbers of loans made to persons considered “low and moderate income”, in short, sub-primes. In order to give teeth to these ratings the ability of lenders to expand or merge was attached to the rating given to it. If the lender ranked to low in this rating expansion or merger was denied.
Resistance and Pressure
Many lending institutions resisted this move arguing that the Government was attempting to force the lending industry into making loans which they viewed as higher risk and against “sound lending practices”. This was especially true amongst the smaller lenders whose portfolios could not stand against a higher rate of default should those defaults occur. Many were willing to forego expansion and merger in order, as they saw it, to preserve their financial integrity. Community activist organizations saw things differently. On their part, they saw the lenders as more concerned with profits than the concerns of the communities. Amongst some of the organizations racism was also a concern. As these organizations gained in membership and became more interconnected they began to put pressure not just on the lenders but on politicians to force these institutions into making more loans. The issue began to evolve away from policy and business practice and into an issue of “fairness” and “social justice”.
Response: Fannie and Freddie
In response to the outcry from fair housing activists some in Congress began to push for further action to be taken. The issue now being almost solely focused on housing rather than the original issue in which small business creation was also an aspect, the attention turned to Fannie Mae and Freddie Mac. These institutions are also known as GSEs. While the GSEs do not make loans they are used to purchase and secure mortgages made by other lending institutions. The Mortgage Backed Securities held by the GSEs are backed by “the good faith and credit” of the US Government. Fannie Mae was created after The Great Depression as a means of securing housing loans against another collapse in the banking sector. Technically considered private enterprises the GSEs have never been totally divorced from the Government sector as their holdings are backed by the US taxpayers. Rules of operation, oversight and regulation are imposed and enforced by Congress.
In order to break the logjam between lenders and housing concerns Congress made changes to the percentage of loans considered “moderate to high risk” that the GSEs would purchase. This percentage would eventually reach 56%. The changes were made and promoted as a means of furthering the goals of the CRA.
Effects of Response
As a result of the expansion in loan purchases made through the GSEs lenders had a way in which to decrease the risks in making loans to persons who would have normally been disqualified. The lenders would make the loans, bundle them into packages, and sell them to the GSEs. This move allowed the lender to make money while absolving the institution of the risk. The move also made a way for the lending institution to improve its rating under the structure previously implemented under the CRA and opened the door for expansion and merger. It also relieved the mounting pressure from activist organizations as the lenders were now able to issue many more loans.
Unintended consequences:
With the ability of lenders to essentially sell off all of their risk, “sound lending practice” began to take a back seat to immediate profit. Lenders began to create more “exotic” loan arrangements and tradition qualifications were increasingly ignored. Required income levels that used to be based on steady employment gave way to consideration of temporary and unstable sources. The usual standard of loan payments not to exceed 25% of net income was raised among some lenders to 65% of gross income. Established credit was also ignored, giving way to “Bad credit, not a problem”. The standard of 10-20% down was replaced with no money down. In many cases all of the above situations were present in a single loan arrangement. Other lending practices also came into being. Termed “predatory” by some, these lenders aggressively sought out potential borrowers, they would them apply high pressure sales tactics to encourage the borrower to accept and agree to the loan. These loans were often pushed with “teaser rates and payments” that would allow for lower, more affordable monthly payments for periods up to two years. At the end of the period the payment would “balloon”, often times into an unaffordable situation. The lack of any solid rules governing sound lending practice as well as any guidelines as to who should receive sub-prime loans also invited real estate speculators who, possessing no real knowledge of real estate pitfalls, and often driven solely by the prospects of large and easy profits entered the market, sometimes purchasing multiple properties under instruments such as “interest only” and “no down payment”. The rising demand for these loans also had the effect of generating new lenders whose only interest was in aggressively making the loans and selling them to the GSEs for large and relatively risk less profits.
Effects on housing markets:
As the level of home mortgages increased home values and new home construction also increased as a law of supply and demand. This sharp increase correlates directly to the time period in which purchases of sub-prime mortgages by the GSEs also increased. The net result was the creation of a “housing bubble” in which growth in the housing values grew at rates of up to 20% per year. While there were some in the financial sector and in the halls of Congress who were ecstatic over this growth, others began to become extremely worried. Investors were pleased as the housing market is considered to be a prime indicator of economic growth and this boom was being reflected in their portfolios across several sectors. Members of Congress were pleased as it seemed that the goals originally set about in the CRA were finally being achieved. Of those that were concerned in the financial sector it was felt that the rapid rise in the housing market was unsustainable, that real estate values were artificially escalated and the bubble would burst just the same as the “dot-com” bubble that preceded it. Amongst those in Congress that were concerned the focus was projected to the GSEs whose portfolios increasingly consisted of higher risk debt brought on by the sub-prime market.
Contagion:
The problem of contagion in the markets is extremely complex as it consists of various financial instruments and a certain slight-of-hand performed by financial wizards. To be brief, loans made by lenders were bundled together and sold to the GSEs, these loan packages were then broken up, rebundled and sold to other financial institutions both here and abroad. The bundles were rated by the GSEs according to the risk associated with them. In order to lessen the risk associated with a particular bundle low risk loans were packaged with those of higher risk and more often than not the new package was rated according to the risk ratio within the bundle. This allowed the GSEs to rate the bundle as AAA paper, making the bundle an enticing investment for other financial interests. This enticement was compounded by the fact that the bundles sold by the GSEs were backed by “the good faith and credit” of the US Government.
Glass-Steagal and Gramm-Leach-Bliley
The potential for the spread of a contagion of this sort was to be held in check by an act of Congress known as The Glass-Steagal Act. Glass-Steagal was put into place in 1933 as a response to contributing factors of The Great Depression. Amongst the provisions of Glass-Steagal was a provision that prohibited bank holding companies from owning other financial institutions, thus forming a firewall between these two economic sectors. Glass-Steagal was repealed in two parts, the first having to do with the regulation of interest in savings accounts by The Federal Reserve was accomplished in 1980, the second which dealt with banking and finance ownership was repealed in 1999 by an act of Congress known as Gramm-Leach-Bliley. Both moves were passed by Congress with overwhelming bipartisan support.
It is believed that the repeal of Glass-Steagal made possible the spread of contagion by allowing the merger of financial and banking institutions as well as the selling of banking loan products into the financial sector. At the same time it is also true that overseas economies function without such firewalls and have always done so without problem. Indeed, it was according to this position that Gramm-Leach-Bliley was drafted in the first place. It was the opinion of members of Congress, The Federal Reserve and The Clinton Administration that Glass-Steagal was holding our financial and banking institutions at a competitive disadvantage with overseas interests.
The Burst:
There are several factors which led to the bursting of the housing bubble and the resulting fall of home values in the market. One factor may be the rapid rise in the oil market as oil rose at one point to 147.00/brl. The resulting rise in fuel costs rippled through the economy into several areas including transportation and food. These increases put a strain on the budgets of Americans many of which were already stressed by the high percentage of income to mortgage payment ratios brought on by their home loans. Further exacerbating the problem was the increased percentages of mortgages that were coming towards the end of their “teaser rate” period or facing an increase in loan payment due to ARMs (adjustable rate mortgages) and increases in interest rates by The Federal Reserve. Defaults in loans began to increase with the added strain and an increasing rise in unemployment as the economy crept closer to recession. Home values began to plummet pushing many owners into negative equity positions. This coupled with the number of no money down, interest only and borrowers who’s credit was shaky to begin with created an atmosphere where it was more financially sound on a personal level to allow the mortgage to default, in many cases this may have been a matter much more of survival being a choice between food, medicine and gasoline or an increasingly large mortgage payment.
As mortgage defaults increased, the rate of decline in the housing market increased exponentially until the whole situation became an all out crash.
Gresham’s Law and Mark to Market:
To be brief concerning Gresham’s Law, it is a theory that governs the value of money, breaking monetary values into both “good” money and “bad” money. In the case of the combination of loans bought, bundled and sold by the GSEs into the financial markets, “bad” money would be considered a defaulted mortgage while “good” money would be those mortgages that continued to be paid. The theory goes along the lines of “a bad apple spoils the whole bunch”. Since bad money was mingled with good money in order to justify the higher rating of the bundles sold by the GSEs, when mortgages within the bundles began to default they began to lower the value and security of the good loans within them. This is due to the lack of delineation between loans in the package. This problem is complicated by the lowering of home values. At the base of each loan is a hard asset, a house, as housing values fall it becomes increasingly difficult to place a solid value on the asset. This is further complicated by Mark to Market accounting rules which require a financial instrument, in this case the mortgage bundle, to be revalued every year based on the actual market value of the asset which in this case is the homes. If the home mortgage was taken out at 200,000 and the market decline rendered the actual house at 150,000 then the value of the loan instrument would be devalued as well. This devaluing along with the defaulting of individual elements within the bundle caused the value of the whole bundle to plummet even though the majority of mortgages were being paid on time.
Where are we today?
These bundles of loans which go by several different names are spread throughout financial sectors both here and abroad. Since the loan bundles were sold as a secure investment with the guaranteed assurance of future profit they were bought by many investment firms as part of such things as pension funds and other long term growth programs. Many companies were and are heavily leveraged by the possession of the assets. The bundles themselves are not without value in real terms, however, the mix of “good” and “bad” money must be sorted and the value of the hard assets determined before the a proper correction in the market can take place. Until that time, the actual wealth possessed by lenders is an unknown and there is a hesitancy to lend to anyone other than the most stable and proven borrower both on an institution level as well as personal.