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As banks loosened lending underwriting
standards to be in compliance with the Community Reinvestment Act (CRA)
as revised in 1995, they had to figure out a way to issue mortgages
to unqualified borrowers while passing some or all of the risk to
others. This is when sub-prime mortgages were born, popularized,
and/or securitized. This is also when activity in the secondary
mortgage market seriously increased.
All of a sudden,
low-down payment, no-down payment, no-documentation, option and
hybrid adjustable-rate, interest-only, balloon payment,
negative-amortization mortgages, etc. were approved for sub-prime
borrowers with less-than stellar to nonexistent credit; often
without verifying stable and adequate income or any income at all.
When prime
borrowers learned of these new loans, they also applied for them
initially or refinanced into them.
The relaxed
underwriting standards lenders engaged in were accompanied by
reductions in the amount of money set aside for bad loans and
institutional up-leveraging (financing new expansions/purchases with
debt). This led to a record increase in the total number of
mortgages issued. Now, anyone in the U.S. who was of-age and alive,
could pretty much get a mortgage, so demand for houses increased and
prices inflated (Thanks to the Law of Supply and Demand.).
All the while,
former Federal Reserve Chairman Alan Greenspan kept the federal
funds rate too low and publicly endorsed “alternative” mortgages;
mortgage rates remained historically low; appraisers over-valued
houses; first-time buyers (including illegal immigrants) purchased
homes; existing borrowers upgraded to larger and more expensive
properties; homeowners used their houses as ATM machines and engaged
in annual cash-out refi’s; every-day-average Janes and Joes bought 2nd
and 3rd properties; and novice and experienced investors
over-speculated.
Not all, but many of
these borrowers were ignorant about the ins-and-outs of the largest
financial transaction(s) of their lives. (No doubt, the U.S. public
education system played a part in the real estate and financial
ignorance of home buyers. We are encouraged to “live the American
Dream” but never taught the ABCs of how to shop for a mortgage and
buy or sell a house! But I digress.)
While sub-prime
borrowers were getting loans and mortgages, most loan originators
were not concerned about a borrower’s ability to repay, because they
didn’t intend to hold the loans in their own loan portfolios.
Instead, the loan
originators ensured they made money, stayed liquid, and diversified
their risk by selling some of the loans they originated to other
lenders (who did hold the loans in their respective loan
portfolios), and by bundling and selling many of their remaining
loans to mortgage giants Fannie Mae and Freddie Mac and also to Wall
Street Investment Banks in the secondary market.
There, the loans
were re-packaged into complex mortgage-backed securities (MBS)
insured by American Insurance Group (AIG), and then resold in slices
or tranches on Wall Street to other Banks, Hedge Funds, and
Investment Firms all over the world.
Because so many
troubled mortgages passed through Fannie and Freddie, many domestic
and foreign buyers didn’t carefully vet their MBS purchases. They
just assumed that the securities would be backed by the full faith
and credit of the United States Treasury, because Fannie and Freddie
were Government Sponsored Enterprises (GSEs) chartered by Congress.
Unfortunately, the
mortgage practices of Fannie and Freddie ended up fostering greed
and widening the door to the secondary market, encouraging
more-and-more lenders to issue and sell more-and-more sub-prime
mortgages. Lender-after-lender kept passing the risky loans down the
line, only concerned about the fees and bonuses they were earning
along the way.
If housing prices
continued to rise, mortgage-backed securities would remain low-risk
investments. This is because if a homeowner got into trouble and
couldn’t pay the mortgage, all s/he had to do was resell. In a
seller’s market, you can easily sell a house for a profit in
just a few weeks. Real Estate is cyclical, however, so when housing
prices dropped and a buyer’s market emerged, the securities
became high-risk mortgage investments very quickly, and a financial
domino effect was triggered.
The mortgage-backed
securities under scrutiny contain both prime and sub-prime
mortgages. The sub-prime mortgages are the wild cards poisoning the
securities, because no one knows exactly what they are worth today.
We know the mortgages aren’t worthless, but how do you comply with
the current mark-to-market accounting rule and peg their value to
today’s market when housing values are still dropping? The risk
intensifies because, as of this writing, only about 25% of the
sub-prime loans have defaulted so far. However, which loans, how
many, and when the remaining 75% will default, no one knows.
As the financial
markets lost confidence in mortgage-backed securities, commercial
and consumer credit scaled back and tightened. We are now at the
point where banks are reluctant to lend to each other and exchange
cash for Securities.
Both bank-to-bank
and consumer lending are necessary to keep the U.S. debt and
consumer economy going. The American people have virtually no
savings, yet we need the ability to borrow so we can consume. When
there’s no money for people and companies to borrow and lend, a
consumer economy shrinks, and retirement accounts, housing values,
business inventories, payrolls, employment, GDP, etc. are seriously
threatened (until we return to the savings and production economy of
our grandparents).
The Emergency
Economic Stabilization Act of 2008 (HR 1424) is also known as
Treasury Secretary Paulson’s $700 billion Troubled Asset Relief
Plan (TARP) and Public Law 110-334.
The Act was just
signed into law on October 3, 2008 and was originally supposed to
put money back into the financial system and free up cash for banks
to lend and borrow. The plan was for the U.S. government to purchase
toxic, illiquid mortgages from large banks and hold them until the
real estate market turned for the better and the loans could be sold
back to the private sector at a profit.
On November 12,
2008, Treasury Secretary Paulson announced that TARP will not be a
capital purchase plan after all; instead, the TARP funds are now
targeted to be used to strengthen the capital base of our financial
system and the asset-backed securitization market that is critical
to consumer finance.
It appears that
Secretary Paulson and members of Congress are figuring out the cure
for this financial meltdown as they go along, so expect fund
allocations under this Act to change again and again and again...
Why did the
housing bubble burst in August 2007?
Housing prices
started to decline because existing and new houses started to exceed
demand, thanks in part to the housing construction boom that also
occurred while home values were rising.
In addition, the
low, temporary, fixed teaser rates on ARMs started to reset, causing
interest rates to increase, and leaving people with higher monthly
mortgage payments they could not afford.
All of a sudden, it
became extremely difficult to sell without time and equity and
impossible to refinance out of an ARM and into a traditional fixed
loan without 1) pristine credit, 2) proof of stable and adequate
income, and 3) equity in the house.
So Homeowners put
their houses up for sale and/or went into foreclosure; both of which
further contributed to the increasing housing inventory.
When you factor in
fraudulent securities ratings agencies; arrogant risk managers; an
asleep-at-the-wheel SEC Chairman; the easily-manipulated Office
of Federal Housing Enterprise Oversight (OFHEO) which is the
oversight Agency responsible for the “safety and soundness” of
Fannie and Freddie; and a mark-to-market accounting rule which
mandates that a company’s assets be pegged to today’s value, you
have the makings of a massive housing bubble that eventually burst
and triggered a financial markets train wreck.
Using a train
wreck analogy, here is the bottom line:
-
Well-meaning, liberal, social policies (CRA) built the train
-
Irresponsible lending and selling practices got the train to
leave the station
-
ACORN
and Irresponsible and uninformed borrowing fueled the train
-
Up-leveraging, securitization, and Fannie Mae and Freddie
Mac steered the train
-
Greed
and politician’s resistance to stronger oversight caused the
eventual train wreck that occurred on Wednesday, September
17, 2008.
The whole situation
is really a lot more complex than what I just described but,
hopefully, you now have an overview of some of the politics, lending
practices, and market events that, at a minimum, contributed to the
real estate situation you face today. |