Showing posts with label HOLC. Show all posts
Showing posts with label HOLC. Show all posts

Wednesday, November 12, 2008

Loan Modifications

As I mentioned in my post discussing HRC's letter to Bush & the Senate leadership, a crucial financial event that has to happen is the revaluation of houses sold since 2002. They should never have risen to the levels they did, the exotic loan vehicles used are unsustainable (Barry Ritholz on The Big Picture argues that many were issued knowing they were impossible to pay back), and the looming tidal wave of probable foreclosures can only be reduced (there is no way to stop it) is through loan modifications.

Modifications can take a number forms - reduce interest rates, change loan types, forgive outstanding interest, extend the term of the loan, and (the most radical) reduce the loan principal. (Note - these may be other ways to modify the loans than this that I don't know about since I"m not in the industry.)

This NYT article in today's edition, Lawmakers Debate Loan Modification, discusses some of the difficulties in trying to achieve these modifications. BS and buck-passing figure prominently:
The problem is that financial executives have competing views on whether mortgages that were packaged — or securitized, in industry parlance — can be modified or not. These mortgages are no longer owned by the banks that service them; they are instead owned by numerous investors, and some in the industry think the investors might sue banks that modify mortgages. ...

At the hearing, panelists disagreed on whether modification was allowed with bundles of mortgages that were resold. An executive from Bank of America said that the contracts behind some securitizations expressly prohibited changes to the underlying mortgages. The executive, Michael Gross, managing director of loan administration loss mitigation at Bank of America, said that banks had more flexibility to modify the rules in loans that they still held.

But an executive with the American Securitization Forum, an industry group, said that contracts did allow bundled mortgages to be modified. The forum is in discussions with a range of investors who bought mortgage bonds to streamline the process of such modification, said Thomas Deutsch, deputy executive director of the group. ...

Mr. Deutsch’s assertion faced skepticism among lawmakers. Barney Frank, Democrat of Massachusetts and chairman of the committee, said he was hearing evidence that servicers were having trouble modifying loans that were securitized.

“They can’t get this worked out,” Mr. Frank said. “Who am I going to believe? You or my own eyes?”

The loans were bundled and sold as securities, and the holders of those securities are unwilling to eat the losses, except some say they don't object, but others are threatening to sue. The servicers (the people who collect the money, but who don't hold the risk) are claiming that they will be sued if they modify.

Well, we've got a chicken/egg situation here. The underlying asset simply aren't worth their sales prices anymore. Some are a little bit off. Some, especially the biggest bubble markets, are off by 1/4, 1/3 or even 1/2 the original price. Even some that have not lost a great deal of value, maybe a less than 10% decline, were sold using loan products (Interest Only, ARMs with extreme resets, etc.) that the borrowers are going to default.

The bubble value of the house is going to be lost. Period. That basic fact needs to be drilled into people's heads. We are not going to maintain the bubble prices because they have no basis in reality. Anyone who thinks it can be sustained is spitting into the wind. The question is who will bear the loss.

So, how can this happen in a way that does not involve the full force of the tidal wave crashing down on the financial shore?

I've spoken before about the HOLC/HOME program promoted by sensible economists and politicians. I have also spoken about the need to allow any homeowner, endangered or not, to make use of this program to reduce their principal, though with a penalty for anyone who sells before the full term of the revised loan for more than the value of the original loan. One commenter said that some profit needed to go back to the investors while I was more hard-nosed and said they needed to take on the risk for their investments.

But maybe we can adjust the program to sweeten the deal for these securities holders and get them to agree to loan restructuring rather than suing banks. Instead of only dealing with home owners, perhaps the securities people can say they will accept the revaluation of their securities and continue to hold them or they can sell them back to the HOME program for the revalued price and and take a financial loss in exchange for jettisoning risk. If they continue to hold and they allow the revaluation, then, should the homes sell before the maturity date and should the sale price be greater than the revised loan amount, the difference goes to the securities holder (original investor), not the government. If they continue to hold the securities, then there is no reason the servicers can't administer the situation and it stays off government books.

The immediate problem I see here is that these securities are not necessarily composed of entire loans, but are often are built from "tranches" - slices of loans that are valued according to the probability of them being paid back. (This is a layman's definition. Please go to a real econoblog like Calculated Risk for detailed information about tranches) The coordination costs alone make this of limited use, but it is one way to try to address restructuring value, debt and risk in a way that reduces crisis, encourages housing stability and does not enrich free riders at the expense of true risk takers.

Alternatively, recombined securities could be revalued and resold without tranches and with very easy to understand levels of risk. A house with an original loan of $450K and a revised loan of $300K is worth the latter amount but may return the former if sold before the 30-year term is up. A good number of these houses will probably sell within twenty years, and while they may not regain the original $450K value, they may be worth $365K - and the extra $65K goes to the investors. At worst, the investor receives the full value of the $300K on the 30-year loan held to maturity and the home owner has exchanged future potential returns for current financial salvation.

A very, very smart home owner who knows they won't be going anywhere for 30 years and is not distressed, but falls within the time frame, can greatly reduce home costs, freeing up household income for other things. Which is a boon to the broader economy because people need to spend to fend off recession and depression. In short, it increases liquidity of earnings very fast and keeps them liquid in the future. If home owners default, the value if lost anyway and the larger the number of defaults the more depressed the housing market becomes until slack is taken up. If we are heading into a wide-spread depression, that could be a very long time.

So, those are my thoughts after reading this article. Losses are going to happen. Revaluation with special conditions for recouping original values is one way to free up consumer cash while defending original loan obligations.

Anglachel

Tuesday, November 11, 2008

Hillary on New Stimulus Boost

Hillary has sent a letter to Bush, Harry Reid, Robert Byrd and Daniel Inouye pushing them to act now and start new stimulus spending for Main Street and not sit on their butts for almost three months until the Golden Calf is installed at the White House for us all to worship. She prioritizes New York's stimulus needs, as is to be expected, but the letter is more general. She does her usual job of combining hard facts, common sense and political zingers for an enlightening read. A few highlights:

We are in a recession which demands decisive action. I believe that in order to stimulate this economy, we need to get people working, earning, and building – not just spending. We have borrowed hundreds of billions that have gone to banks and financial institutions and borrowed tens of billions more to energize the economy, yet the economic downturn has continued and the financial turmoil has worsened. What is clear is that any action we take – especially as we borrow more money to do so – must pay off in the near and long term. That is what America does best: we can address this crisis while preparing for our future.

However, we do have immediate needs that cannot wait between now and when the next Congress and the next President takes office. And although your Administration has voiced skepticism about the need for a stimulus bill, I believe that the current conditions call for a coordinated response now.
Good little zing about the Wall Street give away, though she's not too sharp as New York is a financial capital, and a delicious slap to Bush with"not just spending" as a solution to sustantail financial problems. zHer next paragraph, though clearly taking Bush to task, strikes me as aimed more at the current Senate leadership than at the lame duck in the White House. No, you can't just sit on your hands until after the Inauguration. You need to set expectations now and get the ball rolling.

Hillary then goes on and identifies specific programs - Unemployment Insurance, SNAP, Medicaid - that will immediately help her constituents who are facing jobs losses. She goes into some detail about Medicaid:

In the midst of one of the greatest fiscal crises to hit our states, an increase in the Medicaid FMAP rate would help prevent further and deeper cuts to health care and other essential services like education, child care and public safety. Rising demand for health insurance coverage through Medicaid due to increasing job loss is straining state budgets, and the federal government should act to help ease this growing burden on our states.
This is something that the Spousal Unit is very keen on, the Feds supplying the money for social service programs to ensure that the states to not rob Peter to pay Paul, or steal the kids' lunches to pay for their vaccinations. One of the biggest dangers of a protracted economic downturn is that states cut services to the weakest and must vulnerable parts of the population. A city park may endure a lawn brown from lack of water, but a child will not survive a winter with no food and no heat. Her mention of this is also an implicit criticism of the decision to deny her a formal leadership role in the crafting of health care policy and initiatives.

She goes on to discuss infrastructure investment, noting that this long term improvement "serves the dual purpose of modernizing our country’s deteriorating roads, bridges, and transit systems while stimulating the economy," and thus provides tangible benefit to the public, unlike throwing money at Wall Street, especially when the funds are disbursed without provisions for accountability. Hillary returns to a topic she has discussed for months, the mortgage crisis, and warns that there is more bad news waiting for us, but that we have the power to proactively address the problem:

The next wave of foreclosures looms, and we should address it immediately. It is critical that we modify unworkable mortgages into clear and stable terms if we are to prevent the bottom of the housing market from falling even further. I have proposed HOME, the Home Owners Mortgage Enterprise, based on the successful program enacted during the New Deal which not only saved one million homes but also turned a profit for the Treasury. We should continue focusing on initiatives large and bold enough to meet the scale of the challenges presented by the faltering housing market.
As I've said before, home prices have to come down in alignment with wages, so I disagree with Hillary about the bottom of the housing market falling even further. That must happen. I think she knows it (mostly because she's waaaay smarter than me) which is why she so consistently pushes the HOME program, which would purchase mortgages at cut rates from the toxic pool, rework them when possible by reducing principal and adjusting rates, and end up providing a controlled devaluation of the house market.

This stands in juxtaposition to the announcement just today from Fannie Mae and Freddy Mac (h/t, Calculated Risk, FHFA Modification Program Details), where they do not wish to reduce outstanding principal in order to make a loan be affordable (no more than 38% of gross income). The press release is contradictory in that the first answer in the Q&A section states "It may include a change to the product (an ARM to a fixed rate mortgage), interest rate, amortization term and maturity date, and/or unpaid principal balance," which would seem to indicate that reducing principal is an option, but the answer to the question about benchmark ratios does not include changes to an unpaid principal balance among its options, "Once the affordable payment is determined, there are several steps the servicer can take to create that payment – extending the term, reducing the interest rate, and forbearing interest." The key here is that a HOLC/HOME style program can easily perform this action because of taking the mortgage back from investors (who eat the loss, which is the downside of risk) and issuing a sustainable rather than a profitable loan.

In the midst of the general celebration and self-congratulation over the elections, Hillary reminds the power brokers and the pundits that ordinary people are hurting and delays are unacceptable. My own Congress Critters are heading in the right direction, but have said nothing since before the election on these matters. Sen. Feinstein did find time to issue a press release on the theme for the Inauguration, bless her heart.

Hillary's overall message is Think Big, which is just what the good professors Krugman, Roubini and Galbraith all advocate when addressing the financial meltdown, and to do it now.

There's some change I can believe in.

Anglachel

PS - I found that I kept writing "reduced principle" instead of "reduced principal" when discussing the GRE press release. I am fully confident that the Bush Treasury can reduce their principles without limit.

Sunday, October 26, 2008

Falstaff on Events

Falstaff has two excellent posts up today:

  • Op-edification - A thoughtful and open-eyed view of what changed the political race. It wasn't positions. It wasn't even personality. It was the implosion of Wall Street. There was no change in the campaigns from early September to now. McCain and Obama say the same stupid, irrelevant, substance-free things that have been babbling since June.
  • The Luck Child Theory of History - This is a painful post to read. What could someone with plans, goals, and vision do when presented with this political challenge? We'll never know. We have The Precious. The One Ring never really did anything of its own accord, either, save perhaps slip from a few fingers at inopportune times, but it certainly inspired people across two ages to alter the course of events. Falstaff hits it on the head when he says:
    "So I’m now hoping Obama serves as the stone soup for the collective, wisdom-of-crowds birthing of a new era. I don’t think he has the capacity to imagine it or deliver it himself. I don’t believe he has greatness in him, just waiting to be catalyzed by this crisis. In fact, I think he’s got certain aspects of narcissistic personality disorder, and that that cripples him as a decision-maker and even, long-term, as an inspirer."
    That's a pretty weak reed to support social transformation, but it's what the power brokers and self-appointed guardians of public appearance have decided they want.

Talking to the spousal unit on the way to the garden center today, we discussed the coming bowl of left-over oatmeal that will be the Obama administration. Policy will not be driven from the administration because they are all about emulating Reagan's publicity machine, being cool and popular, not about delivering the goods. They'll genuflectat the altar of High Broderism and try to be on the good side the the Very Serious People.

The engine for change will not be the White House, but the Senate and to a lesser degree the House, and will depend on what gets sent up Pennsylvania Avenue for The Precious to sign.

I know where I'm placing my bets.

Anglachel

Saturday, October 25, 2008

Synonyms and Subprime

As I read the newspapers and the blogs about the mortgage meltdown, a certain pattern is emerging. Toxic mortgage = subprime mortgage = low income borrower = minority borrower.

That's a lot of assumptions packed into a very small box.

At every equal sign, logic gets twisted a little (or a lot) to try to end up with the outcome preferred by the writer, or else the writer is trying to combat the outcome of the argument (poor minorities have brought down the financial markets through subprime loans) without deconstructing the false logic of the chain. The connections in that chain need to disrupted, so that the items being chained are not treated as synonyms, but as distinct and independent elements in the financial crisis.

The two biggest leaps of logic are in the first two equivalencies. Without those reductions, the argument as a whole cannot work.

First, not all toxic mortgages are subprime, nor are subprime mortgages invariably toxic. Option Adjustable (OA) and Alternative A-paper (Alt-A) are also part of the mix and will be as great or greater a problem than the subprime mortgages are currently. Their reset/default window is in the future. Here is a slightly old chart from Credit Suisse that illustrates the distribution of existing mortgages due for a reset. (Image from Jim the Realtor)


These are loans with adjustable interest rates that will reset. Subprime resets, by this chart, are almost complete, the tailend of resets falling in 2009. Once reset, the borrowers will continue payments, refinance, sell or default as a result.

The wave that is picking up is the combination of OA and Alt-A which will go on until 2012. (Note that the severe fall off in 2012 is a lack of data, not an end to adjustable rate loans. The Alt-A and OA loans made after the chart was generated are not included.) OA and Alt-A loans are just as much a part of toxic loans as the subprimes, perhaps more as they have tended to be for larger amounts with riskier terms, relying almost exclusively on FICO scores and claims of income. The OAs explicitly increase indebtedness. These are loans made later in the bubble as a replacement for subprime.

I also point out the Agency loans (grey), which are those guaranteed by the GSEs, Fannie Mae and Freddie Mac, which also get reset. A much smaller proportion of the pie and with terms that are, on balance, less onerous than the previous three types, thus having a greater probability of remaining affordable and not going into default. Again, this chart is out of date and does not fully reflect the push in late 2006 and 2007 for the GSEs to reduce their standards and buy up non-conforming loans.

But what distinguishes the subprimes from the OA and the Alt-A? Not a whole bunch, as Tanta of Calculated Risk has written. Her long but incredibly lucid and informative post What is "Subprime"? should be required reading for everyone. Here are a few key paragraphs. Let's start with just what gets (or should get) evaluated when determing whether to make a loan (my emphasis throughout):

That said, what it’s about is just working through the complexity of the variations on three things that have been the core of mortgage underwriting since roughly the dawn of time: the three Cs, or Credit, Capacity, and Collateral. Does the borrower’s history establish creditworthiness, or the willingness to repay debt? Does the borrower’s current income and expense situation (and likely future prospects) establish the capacity or ability to repay the debt? Does the house itself, the collateral for the loan, have sufficient value and marketability to protect the lender in the event that the debt is not repaid?

There is no New Paradigm, there was no New Paradigm, there is not going to be a New Paradigm. The Cs are the Cs. What we “innovated” was our willingness to believe that we had established the Cs with indirect or superficial measures (that are, not coincidentally, cheap and fast compared to direct measures). We looked at FICOs—scores produced by computers—instead of full credit reports and other documents to supplement them. We looked at the borrower’s statement of income or assets, not the documents; when we got docs, we looked at the last paystub or the current balance of an account, not the documentation of a long enough period to establish stability of income or source of account balances. We looked at AVMs instead of full field appraisals. We read the Cliff’s Notes.

These practices have not worked out so well, of course, but my point is that they were simply “innovative” ways of answering the three C questions, not new questions. They’re not a repeal of the laws of physics or the laws of the Cs. They’re just wrong ways to answer the right questions.

Someone with low income but a small purchase can get a prime loan if the borrower meets the the three C conditions. Someone with a solidly middle class income may not be able to satisfy the same conditions if the loan amount does not conform to the standards. Tanta then goes into a detailed examination of the traditional role of subprime lending in the mortgage industry, which I strongly recommend everyone read. Her explanation of the "take-out" function of these loans is an education in and of itself, and vital to understanding the tectonic shift in lendign practices. She sums it up, saying:

You therefore have this giant conceptual gulf between industry analysts and the media, the latter being, on the whole, those who never really spotted the problem with the idea that homeownership is always and everywhere a good thing for everybody because it’s always an “investment.” If you believe that, you don’t tend to see anything odd about lending practices that offer purchase-money (not refi money) to people who appear to have no particular qualifications for homeownership. In essence, the old “hard money” or “collateral dependent” loan went mainstream, except that it went from the margins of the housing stock—manufactured homes, dilapidated row houses, the old farmstead—to the front and center—new homes, flashy condos, high-quality existing homes whose previous owners were heading for the McMansion. Given assumptions about the collateral—like, its value always goes up and its value always goes up—you could more or less forget about problems with the other two Cs. When the RE markets were hot enough, in fact, there weren’t “problems” with the other two Cs. Sure, borrowers with loads of consumer debts and insufficient incomes failed to make mortgage payments just like they always did, but it was always possible to sell out from under foreclosure or get another cash-out. A humming RE market keeps those cash-out appraisals plausible.

The subprime, OA and Alt-A loans became the way for the mortgage industry to avoid making hard choices about loans that were unsupportable no matter the income of the borrower. Here is a fascinating interactive map created by the New York Federal Reserve on mortgages around the country. You can switch between loan types in the upper right hand corner. Look at the different measurements in California and toggle between Subprime and Alt-A loans. Alt-A is in somewhat better shape, but not what you could call strong.

Barry L. Ritholtz of The Big Picture add another vital piece of information to this situation in his post How Lending Standard Changes Led to the Housing Boom/Bust, namely that the term being underwritten was really just the initial period of the loan:

In this ultra-low rate environment, where prices were appreciating, and most mortgages were being securitized, all that mattered to the mortgage originator was that a BORROWER NOT DEFAULT FOR 90 DAYS (some contracts were 6 Months). The contracts between the firms that originated mortgages and the Wall Street firms that securitized them had explicit warranties. The mortgage seller guaranteed to the mortgage bundle buyer (underwriter) that payments were current, the mortgage holders were valid, and that the loan would not default for 90 or 180 days.

So long as the mortgage did not default in that period of time, it could not be "put back" to the originator. A salesman or mortgage business would only lose their fee if the borrower defaulted within that 3 or 6 month contractually specified period. Indeed, a default gave the buyer the right to return the mortgage and charge back the lender the full purchase price.

What do rational, profit-maximizers do? They put people in houses that would not default in 90 days -- and the easiest way to do that were the 2/28 ARM mortgages. Cheap teaser rates for 24 months, then the big reset. Once the reset occurred 24 months later, it was long off the books of the mortgage originators -- by then, it was Wall Street's problem.

This was a monumental change in lending standards. It created millions of new potential home buyers. Why? Instead of making sure that borrowers could pay back a loan, and not default over the course of a 30 YEAR FIXED MORTGAGE, originators only had to find people who could afford the teaser rate for a few months.

I would add a final piece to the puzzle, which is that house prices in bubble areas rose far, far faster than incomes in response to the lax lending standards. All income levels, not just "low income" were confronted with house prices (and loan amounts) completely out of wack with their incomes - and an ever so helpful collection of mortgage brokers eager to help them get creative financing to "afford" those inflated costs, if only for 2 years. The unsupportable loans were not just subprime and not just to low income borrowers.

Tanta was one of the first and most critical voices against the conservative narrative about those lazy, opportunistic stupid minorities messing up our loan system, which is the main reason why I had my antennae up for it just before it became the topic de jour on the left-leaning econoblogs. She made no bones about the subtext of the arguments:

The association of subprime lending with the brown people is just the most overtly disgusting bit of bigotry to arise from the great mess. The belief that subprime borrowers are “poor people” has taken root so deeply that you need a jackhammer to rip it out. The capacity C of traditional underwriting was, of course, always relative to the proposed transaction. A lower-income person buying a lower-priced property was, you see, not a case of subprime lending; assuming a reasonable credit history, it was a prime loan. People with quite good incomes and stellar credit histories who tried to buy way too much house got turned down by the prime lenders. That was back in the days when you could live within your means, and you were expected to do so.

The trouble with the low-income prime loan was that it was a small prime loan. And that there were, in many market areas, more lower-income people than lower-priced properties. Both industry greed—wanting to make the biggest loans possible to make the biggest profits possible—and industry overcapacity, combined with ever less-affordable housing in the employment-rich population centers, brought us to a situation in which we might not have started with poor people, but they were certainly poor by the time we got done putting them into too much loan to buy too much house. There are subprime borrowers you find. There are those you create.

Poor people couldn't borrow enough to make money in conventional loans for the WaMus and Countrywides of the financial industry. Thus, exotic mortgage vehicles for everyone! This is a fast way to creating subprime (uncreditworthy) borrowers in every income bracket. Tanta then goes right for the jugular of the conservative argument:

The argument goes that it was the relatively low defaults of those 90s-era affordable mortgage programs that spawned the current mess by giving everybody the impression that you could do no-down loans all over the place and not worry about it. This assumes that the lending industry is so stupid that it cannot understand the mechanisms that kept those defaults low: first, selectivity in the programs; second, the availability of home equity lenders (the old subprimers) to take out the problems; third, cheaper real house prices. Perhaps it is the case that the industry is too stupid, on the whole, to figure this out. But how that becomes the “fault of” the original affordable housing initiatives just isn’t clear to me.

What is clear to me is how convenient this argument is for certain folks whose only other option is to admit to having been stupid and greedy. Exhibit A, our favorite Tan Man [Countrywide's Angelo Mozillo], whose transformation from “I got into this business to help poor brown people” in the 90s to “those brown people made me do it” is nothing short of nauseating. Exhibit B is everybody who decided that the best way to avoid being given fraudulent income and asset documentation and appraisals was to not ask for documentation or appraisals. Exhibit C is everybody who made “investment” loans for properties that did not and could not cash-flow, and hence had to flip to survive. Exhibit D is the “bridge loan,” or the product designed to blow up in 24 months and force either sale or refinance. There are many more Exhibits in this sorry book. The point is that the whole flimsy edifice had to fall down. That it started with the weakest parts—subprime—is no surprise. That this means that it’s all about subprime is mystification.

When home prices are unsupportable by normal incomes and when the mortgage industry is pushing exotic loan vehicles to line its own pockets as quickly as possible, we are, in Tanta's phrase, all subprime now. It is not the exclusive condition of people with dark skins and low income. It is many, many fair complexioned people with upper five-figure household incomes. It's most borrowers in San Diego County from the last 6 years. You can talk about the influence of the GREs on the rate or volume of other than prime loans, but you cannot make the case that all of these loans, or even the majority of them, went to low income minorities without demonstrable income. They went to people like my coworkers, white males with high-five figure incomes who wanted to buy luxury homes in "white" (East Asians and pale Hispanics OK) suburbs to get away from the older suburbs filled with lower income, darker skinned, immigrant populations, and who now are talking at work about "walking away" or "jingle mail" because their $500K, $600K, $700K, or even more expensive houses in North County and Eastlake are worth 25%-45% less and they can't afford the coming reset on their Alt-A ARMs. That's what the mortgage meltdown looks like in San Diego. Tanta has some words for them, too, in her post We Are NOT All Subprime Now, Thank You:

What a foreclosure and a "killing" of your credit rating does to you is make you "subprime." "Prime" is not a birthright; it is not an immutable characteristic like having blue eyes. The confident assertion that credit will be easily and quickly available to these borrowers formerly known as prime rests on a hidden assumption that they are unlike any other "subprime" borrower, and therefore will get preferential treatment in a year or two.

Mystification aside, this is a prediction that the subprime mortgage lending industry--and the investors therein--will have recovered sufficiently in just a year that this new large crop of subprime borrowers with a year-old FC on their records will be deluged with mortgage offers. Perhaps that will happen, but what makes anyone think it will happen just because these were once "prime" borrowers? Most subprime borrowers were once prime. With the exception of borrowers who have never had any credit, which is a fairly small group, subprime borrowers once had prime credit, and did not manage it well, and therefore now have cruddy credit records and FICOs. How, exactly, will these "walkaways" be any different from any other subprime borrower?

The whole thing is so nonsensical that I am forced to the conclusion that for this (and many other writers), "subprime" is code for "poor people" and "prime" is code for "middle and upper class people," hence the need for distinguishing terms for loan failure: "foreclosure" for the poor, "walkaway" for the non-poor. Foreclosure is something that happens to you against your will; "walkaway" is something you do to the bank as an exercise of control over your finances. If we can maintain these illusory distinctions, we can maintain "our" distance from "them."

If we can just pretend that we aren't subprime, that we're special and that we would have been OK except for the undeserving poor and illegal aliens who bought up all those mansions, driving up the home prices on us deserving middle and upper-middle class folks, then we don't have to address the restructuring of risk and the rewarding of greed that the Movement Conservatives fought for in the financial markets, and that The Village so desperately wants rescued.

I fight against this attempt to reinterpret the housing bubble and its collapse because the people with the least power in structuring this outcome are being made scapegoats for the robbery. It will interfere with real reforms to the GSEs to make them ethically and transparently fulfill their charters to expand mortgage credit to underserved populations. It will damage attempts to create a HOLC/HOME agency to address the need to revalue homes with minimum of moral hazard and prevent bailout of the prepetrators. It directly hurts women who make up the biggest slice of the working poor and who need access to affordable housing.

We are all subprime now, not just the people the power elite has thrown under the bus.

Anglachel

Sunday, October 19, 2008

Mortgages, Foreclosures and Moral Hazard

I was talking to the spousal unit yesterday as we did our part to stimulate the economy (we bought a coffee maker and a crock pot) on how to address the problems of mortgage holders and the damage the housing bubble has done to all house buyers, not just those with toxic mortgages.

While attention has been on the people who face foreclosure or are underwater (noting that owning a house where the loan is greater than the current market value does not mean you face foreclosure), attention should be given to any home purchaser since 2002 who bought in an artificially inflated market. If a HOLC/HOME operation is to avoid moral hazard, which is basically bailing out people who made bad economic choices and making non-participants liable for their bad choices, then it has to be available to any home purchaser from 2003 through anyone whose purchase closed on or before September 30, 2008. Anyone should be able to have recourse to a government renegotiation for their loan, just as the banks can get the government to bail them out - why should Wall Street have all the fun? But there are a few rules.
  • The house must be the principal residence of the home owner. No vacation house, no income properties, no pure speculation buys.
  • Only one bail out per buyer. If you were speculating, too bad.
  • This can only address original loans, not refinances with cash out or HELOCs. Sorry, not interested in supporting your equity extraction.
  • It only addresses first liens. If you have multiple loans on the house, sorry, can't help you with those.
  • It does not matter what kind of loan you have. 30 year fixed, interest only ARM, whatever.

Those rules will eliminate a large bunch of buyers right there. If you aren't living there, and/or you have been using the house like an ATM, and/or you can't be helped with just fixing a first loan, mail in your keys now. Then, there is the loan itself.

  • The value of the home will be calculated as its estimated worth at December 31, 2002. Why? Because that captures all recovery from the last housing slump, so factors in real appreciation (probably too much) but stops short of the market frenzy. It still leaves houses too expensive. My own house would lose about 25% of its purchase value in a case like that.
  • The banks can't refuse to sell the loan back to the government and they will absorb the difference between the purchase price and the 2002 price. You guys should have known better than to make the crappy loans, sorry. It's called taking a financial risk.
  • The owner has to be able to make payments on a 30-year fixed loan with 6.25% interest from their current financial condition. Those are extremely good terms. Can't do that? Sorry, can't help you, mail in the keys.
  • The reduction in home loan value becomes a matter of public record.

OK, so if anyone who has bought a house since January 1, 2003 can go get this spiffy government loan, what's to keep everyone and their cousin from getting out of their debt obligation?

  • If you got a 30-year fixed rate in early 2003, your rate was probably lower and the price difference between your purchase and the December 2002 cost not that much, so there is no advantage to the deal. The further you get from that date and the less conventional your financing, the more valuable the deal becomes. Thus, there is a good incentive structure. Update - also, the closer you get to September 30, 2008, the less good the deal becomes because of depreciation in homes. Thus, while open to all, it really targets people who bought at the height of the market.
  • No equity extraction allowed. We're not here to give you spending money. If you've got other debt, too bad.
  • If the house stops being the primary residence of the borrower, the loan is due in full, i.e., no converting to income property, no handing it over to the kids.
  • If you accept the government deal, you have to hold your house for the full term of the loan. If you sell it for more than the loan amount before the end of the loan, any amount greater than the loan amount up to your original loan amount, less any down payment you put in, goes back to the government.

There is no way for the original borrower to profit off the purchase unless they hold the property for the full 30 year mortage. If the borrower dies, the estate/inheritor can take over the loan on the same terms as the original borrower, or can sell under those terms. The borrower cannot transfer title to another owner to try to get around the 30-year rule. If the borrower does hold, then they may see some appreciation in the value of the home and may have wealth to pass on to heirs. This allows the house to remain a vehicle for multi-generation wealth creation, which helps low income borrowers the most, which is the point of trying to increase home ownership in that group.

Since the government is taking the risk, the government gets the profits of anything short of full performance. You can sell at any time. You just don't get to make money from it. If you have bought the house as a residence, then this is not a problem. If you must move for job or family reasons, you will be able to sell at a reasonable price so are not trapped due to negative equity. The repricing also serves to bring housing values down all over, increasing the stock of affordable homes and hastening the return of more reasonable house prices.

This is a very high level suggestion, of course, but it tries to address how to fairly and equitably revalue the housing market in a way that does not reward the speculators and sheer idiots but provides real relief for people who actually want to keep their house.

Anglachel

Monday, October 06, 2008