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saunafool (97.73)

The Origins of the Financial Crisis: Who's to Blame? Part II

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November 15, 2008 – Comments (10) | RELATED TICKERS: BRK , FNM , FRE

Continuing on my past thread, I'm opening up the discussion to all the players who might have had a role in the financial crisis.  Let's find out who is to blame by removing each participant from the equation--if you take away the specific participant and the boom/bust still happens, then that specific participant wasn't to blame.

Let's line up the suspects: CRA (Community Redevelopment Act), Freddie/Fannie, MBS's, Mortgage Brokers, Wall Street, Individuals, Washington, or CDS's.

CRA: If there were no CRA, we'd be in exactly the same mess today. Why? Because lending standards went out the window in all classes of credit ratings. I was living in San Francisco during the height of the bubble. We knew people making $60,000 per year getting loans for $500,000. They had good credit, professional jobs, and there was no way they could ever pay off their mortgage.

At the end, it appears some folks used the CRA as justification for throwing out lending standards for people with poor credit ratings as well. It made the problem bigger, but I'd say that politicians and lendors went hand in hand on this one using the CRA to justify extending the bubble that was making everyone so much money.

Besides, the CRA has been around for 30 years. You have to be a pretty virulent ideologue to blame a 30 year old piece of legislation for our current problems.

Freddie/Fannie: I don't like them anymore than you do, but I believe the bubble and bust would have happened with or without them. Go back to the original post and note that the majority of sub-prime MBS's were being purchased by Wall Street, not Fannie and Freddie.

There was a moment in early 2006 when Mozilo from Countrywide met with Fannie and told them they had to buy more sub-prime paper becuase otherwise Countrywide would send all their business to Wall Street. (I can't currently find the link for this, sorry.)

So, I'd be more than happy if we had let these two fail and disappear, but MBS's had already found an open and willing market on Wall Street. Lehman, Goldman, and Bear were all willing to buy as much of this garbage as the mortgage brokers were willing to create.

So, Freddie and Fannie were corrupt, bloated, illiquid, and deserved to go bankrupt, but I suspect their role would have been played by someone else if they hadn't been around during the past 10 years.

MBS: Mortgage backed securities have existed for a long time. I can't blame the bubble on the MBS, but I will say one thing. When mortgage brokers can bundle all their loans into an MBS and sell it into a secondary market, the loan originator no longer shares in the risk of default. It does set up a situation where lax lending standards are likely.

Mortgage Brokers: Here we have the culprits who originated all the lousy loans (I include the mortgage departments of banks along with Countrywide and friends in this category). There is a lot of guilt here. In the past, these companies were supposed to actually verify how much money a person could repay. Anyone who lived in a bubble city in the past 7 years can tell you that these companies completely stopped caring whether or not the loans would ever be repaid.

When I lived in San Francisco, I heard a story about someone who worked for a major mortgage broker. (I don't know it is true, but have no reason to believe it is false because I heard it before the boom went bust.) They claimed there was a glass table with a backlight in an office they called the "forging room." This is where they would create false documents lying about incomes and such. Sometimes the clients played along, sometimes they got the money and had no idea how it happened.

There were crimes among some of the companies here.

Wall Street: Wall Steet enabled the bubble. First, they created a much larger market for MBS than just FNM/FRE would have provided. Second, they created all the innovations like the market for CDS's. Without all these "products" and "innovations" the cheap money and market for lousy loans would not have existed.

It really was the financial alchemy of putting it all together which we are paying for today. Take any individual element away and the bubble still happens as long as Wall Street is shaking the toxic cocktail. These are the companies which took on the leverage, they made the toxic cocktail, they drank it, and they puked all over the party.

Individuals: People taking on more credit than they could ever repay are guilty on a personal level, not a system-wide level. If someone gets wiped out because they bought more house than they could afford, well, that's too bad. No one forced them to buy. No one said they couldn't plug some numbers into Excel to calculate how much house they could really afford. No one told them to ignore warnings from TMFBent and the housing bubble blogs who were considered a bunch of anti-American, sky-is-falling alarmists back in 2005/2006.

But, individuals are only responsible for their own personal financial collapse, not system-wide financial collapse.

Washington: To the degree that Washington is responsible (and I truly mean Democrats and Republicans)it is their failure to see what was going on, or if they saw, their failure to do anything about it. Of course, in 2003/2004, there were all kinds of reasons why "housing prices always go up" and anyone raising a red warning flag was rapidly ignored.

Yet, Gramm-Leach-Bliley looks like a major enabling event which gave Wall Street the free reign to create the toxic cocktail. The Republicans wrote it; Clinton signed it. After that, it was a failure to stuff the jeanie back into the bottle. The complaints about Fannie/Freddie during the past 8 years never got to the core of the problem, which was there was way too much easy money flowing with lax lending standards.

CDS: Warren Buffett said it best in 2002 calling Credit Default Swaps "financial weapons of mass destruction." He wrote in the 2002 BRK annual report: "Unless derivatives contracts are collateralized or guaranteed, their ultimate value also depends on the creditworthiness of the counterparties to them. In the meantime, though, before a contract is settled, the counterparties record profits and losses—often huge in amount—in their current earnings statements without so much as a penny changing hands. The range of derivatives contracts is limited only by the imagination of man (or sometimes, so it seems, madmen)."

Without the CDS market to hedge against losses on the MBS purchases, the MBS market would have been much smaller and buyers would have been much more concerned about the creditworthiness of the buyers on the other end of the loans. Lax lending probably would have been much smaller. The CDS market was the tequila shot in the toxic cocktail.

More specifically, it was the misuse of the CDS which caused the problem. The failure to price domino-effect failure into the price of the CDS written agains MBS contracts meant that the price for a CDS was too low. The insurance was too cheap.

Look at the price of a CDS now. To insure against default on a sub-prime MBS today, you have to pay something like 9% of the value of the MBS. 2 years ago, it was only about 1.2%. If the MBS only pays 6%, you cannot insure it against default anymore. Which means you'd better look at the fine print and make sure it doesn't default. (I saw this on TV a few weeks ago, so my numbers here are "order of magnitude" from what I remember.)

Verdicts:

CRA: Not Guilty

Fannie/Freddie: Guilty of a lot of things, but not bringing the system down

MBS: Not Guilty, but the boom and bust could not happen without the MBS market

Mortgage Brokers: Guilty

Wall Street: Guilty on all counts

Individuals: Guilty for their own losses, but not systemwide problems

Washington: Guilty of inaction

CDS: Guilty on all counts

10 Comments – Post Your Own

#1) On November 15, 2008 at 10:58 AM, columbia1 (30.26) wrote:

Politicians, promising a "home ownership society", enabled those loans so minorities and the low income could afford buying a home they could call their own.

C.R.A.-Community Reinvestment Act

C.R.A. was the start, when the courts suggested that the remedy to a lawsuit suit filed by civil rights groups challenging an unfair proportion of home ownership was unconstitutional. The only way congress could appease the courts was to keep lowering the standards to qualify for a home loan. In 2007 Ben Bernanke suggested further increasing the presence of Fannie Mae and Freddie Mac in the affordable housing market to help banks fulfill their CRA obligations by providing them with more opportunities to securitize CRA-related loans.

http://en.wikipedia.org/wiki/Community_Reinvestment_Act

CRA might have been around for 30 years, but it is still on the books and minorities still do not have an equal share of home ownership.

IMHO

CPA- also guilty, this is the tool.

Politicians-also guilty, they used the tool.

Us individuals that took responsible loans-innocent, we got the raw end of that tool!

Appraisers-also guilty, they were paid to justify the value of properties, and if the lenders were unhappy with the appraised value, they would black-ball that appraiser. That forced the appraiser to high ball their values. (I have first hand knowledge of this scam, my neighbor and good friend is an appraiser)

 

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#2) On November 15, 2008 at 11:40 AM, Glendorian (< 20) wrote:

The CRA as the culprit has been debunked repeatedly. The data about who was doing the worst lending and when the worst lending was going on is in total conflict with the "blame the poor/minorities argument." 

Not that I expect actual research and real numbers on the matter to stop the arguments against CRA.

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#3) On November 15, 2008 at 11:46 AM, saunafool (97.73) wrote:

I'm sticking to my guns on the CRA. Yes, politicians and financial institutions used it to justify having lousy lending standards down to the bottom end of the spectrum and calling it "enabling the American Dream."

Go back to what the CRA was originally intended for--making loans available for people in poor neighborhoods where banks would previously "redline" certain zip codes so that no loans were available. Sure, people in these neighborhoods had lower incomes and worse credit than people in wealthy suburbs, but the houses in poor neighborhoods were also far less expensive.

That is, until the bubble came along and overinflated everything with 4 walls and a ceiling.

So, go ahead and blame the financial crisis on the poor people and pretend that if the CRA never existed we wouldn't be in this mess.

However, If the CRA never existed, we'd be in exactly the same situation. Case closed, CRA not guilty.

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#4) On November 15, 2008 at 12:28 PM, johnw106 (31.47) wrote:

The blame falls squarely on the parents of the children of the last two generations. The ones who are in their 30's and 40's today.

A lack of over all moral guidance and sound financial training along with a "my kids deserve anything they want without working for it" attitude has led to this mess.

The American dream was always to succeed in your chosen career and secure a future for your family. It changed to everyone deserves to own a house and use it as a ATM in the late 70's and early 80's. Until we re-learn the lesson that a home is a destroyer of wealth and not a income generator the spiral of easy credit boom then bust will continue.

A house should be veiwed as an investment to secure your familys future security and a drain on your finance until the mortgage is paid off. Not as a way to ruin your familys future by going into debt you may not be able to repay.

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#5) On November 15, 2008 at 12:58 PM, columbia1 (30.26) wrote:

I'm not blaming all the poor people, it was the politicians, and the lenders that made it possible for people to obtain loans they could not afford. Unfortunately, people with low incomes could only qualify for sub-prime loans.

Couple that with the FED's  monetary policy after 9/11 reducing rates. The only way these borrowers could qualify for their mortgage loans (even ignoring their bad credit ratings) was to take out adjustable rate mortgages, some of which had astonishingly low first-year rates in the 3 percent range, and sometimes lower. This is what has largely fueled the subprime mortgage meltdown – the inability of thousands of subprime borrowers to afford their mortgages now that their rates have adjusted upward.

So lets add the FED the list

FED- Guilty, they helped create the bubble!

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#6) On November 15, 2008 at 4:27 PM, Option1307 (30.35) wrote:

saunafool

    Excellant post and well thought out. I have enjoyed your posts about this subject as of late. You know where I stand on this and I know where you stand, clearly we are in slight opposition. I don't expect to change your mind, and thats fine in its own right. I respect youtr opinion because at least you appear to know what the hell you are talking about and not just screaming with your emotions. Rec for that.

    My only thoughts to add are this... This bubble/bust and resulting crisis is obviously of historic proportion. I truely believe this crisis is only starting to show its devatation and I believe will continue for some time. While I like your arguements debunking many of the parties potentially at fault. I guess I disagree slightly, as you know. Because of this historic bubble/bust, all parties played a role. Yes, you may be correct in claiming that this event would have occured whithout some of these other factors, CRA, for example. However, In my opinion, this event has been exagerated and increased because of a combination of all factors. This is sort of "the perfect storm". Many factors, with severe faults, all took place and contributed to this crisis. So, yes, maybe we still would have been screwed without the CRA etc, but it certainly made things worse. Also, I don't believe you can isolate these events to look at them independently, they all fed off one another and thus their effects were magnified.

   Excellant thoughts as I mentioned, keep them up.

johnw106 

   Agree for the most part, not the only culprit, but significant. 

Glendorian

     Numbers and data are great and important, cleary. However, I think that stepping back and just looking at the overall picture is equally important and often left out of many people's analysis.

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#7) On November 15, 2008 at 6:30 PM, MarketBottom (30.61) wrote:

 This link from toddMCTC sums it up very well.

http://seekingalpha.com/article/103202-the-shallowest-generation?source=article_sb_popular

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#8) On November 15, 2008 at 8:50 PM, Option1307 (30.35) wrote:

good link.

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#9) On November 16, 2008 at 3:04 AM, saunafool (97.73) wrote:

MarketBottom,

Thanks for the link. I basically agree. People have voted for bread and circuses for a long time, and now we are bust. The only point I would make is that blaming an entire generation and their children paints with a pretty broad brush--what about the individuals who worked hard, lived within their means, and saved a large percentage of their income?

Popular culture: Guilty for being a model of fiscal irresponsibility. (I always thought Friends was the prefect example of this. Here you had 6 people in their 20's. Only one of them (Chandler) seemed to have a decent job. Yet, they lived in great apartments, hung out at the cafe, wore designer clothes, and basically had anything they ever wanted. Pretty much the polar opposite of Good Times or All in the Family.)

columbia1: You are right. We forgot the Fed: Guilty for enabling the bubble and destroying the currency. (Let's not forget a special place in hell for Greenspan's idiotic advice for people to take adjustable rate mortgages at a time when interest rates were at record lows.)

option1307: Thank you for the comments. I appreciate your viewpoint. We'll never learn anything if we just go to our favorite discussion groups and blather around with everyone who agrees with us.

Conclusion: I think there are a lot of people across the political spectrum who are really hacked off about the fact that those who spent more than they earned, and those who made billions from giving them the bad credit or making the cars and houses they couldn't afford are getting bailed out.

The silent majority among us who lived within our means are getting stuffed with the bill. And we didn't even go to the circus!

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#10) On November 16, 2008 at 3:52 AM, DemonDoug (99.87) wrote:

I can't absolve frannie and freddie; they may not have started the bubble, but the last 3-4 years from 2003-2006 they were the biggest players in the market.  And because of that, I can't absolve politicians in any way, because they were pushing fannie and freddie to get MORE invovled.

In fact, they STILL are pushing that agenda!

Others who were majorly at fault:

The SEC (read: Politicians + Bush Administration who put a bunch of deregulating idiots in there who never met a rule they wouldn't enforce)

The Ratings Agencies (who are regulated by the SEC, another huge fault of the SEC) - I am on record at saying all 3 ratings agencies should receive the Arthur Anderson death penalty for their role in the fraud.

And make no mistake - this was fraud.  It was fraud perpetrated by everyone from the individual investor (guilty) all the way up to the President of the USA (also GUILTY).

The repeal of Glass-Steagall (ie Gramm act) also was much worse than you are making it out to be.

And finally, Alan Greenspan (and Bernanke) specifically deserve huge blame.

Did you see where Marc Faber stated that if Bernanke hadn't cut rates so low, that oil would have never shot up so much and caused even more overspeculation earlier this year?  Makes sense!

Here is my ultimate verdict: the entire FIRE economy is guilty of fraud, all the way from sleazy real estate seminars up to and including the President of the US who is intimately woven in with the FIRE economy.

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