Mortgage Crisis

“Americans are not going broke over lattes!”

Home mortgages, insurance and, above all, children are driving middle-class parents into bankruptcy, says Harvard law professor and author Elizabeth Warren.

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Repossessed BMWs. Foreclosed McMansions. Pawned Rolexes.

Such is the stuff of personal bankruptcy when a go-go lifestyle built on consumer excess runs up against financial reality.

Or is it? Could it be that those tarnished icons of dead-end decadence are just as much an overhyped myth as the hordes of teenage day-traders back in 1999 who supposedly beat Wall Street’s best brokers without ever leaving the comfort of their bedrooms?

The biggest predictor that a person will end up bankrupt turns out not to be a bad Prada habit or a taste for sub-zero refrigerators. It’s having children, according to the mother-and-daughter authors of “The Two-Income Trap: Why Middle-Class Mothers and Fathers are Going Broke.”

Elizabeth Warren, a professor at Harvard Law School, and her daughter, Amelia Warren Tyagi, a former McKinsey consultant, studied nearly 2,000 families that had gone bankrupt in the U.S. They analyzed myriad federal data detailing what Americans are actually spending their money on today compared to the legendarily more austere 1970s. What they discovered shocked even them: The effort to keep the kids in a good school district when one parent is laid off is more likely to drive Americans into bankruptcy court than all those trips to the Niketown store.

From her office at Harvard, Warren told Salon why the typical American middle-class family today is in a much more financially precarious situation than it was 30 years ago.

Why is today’s two-income couple with kids more vulnerable than the single-income family of the past?

Today’s two-income family has 75 percent more earnings, inflation adjusted, than their parents had a generation ago. The reason, of course, is because today’s average family has two people in the workforce, instead of one. But this year, more children will live through their parents’ bankruptcy than their parents’ divorce.

Being a parent is the best predictor that a person will file for bankruptcy. Are parents more profligate than nonparents? What’s wrong with this family? Since they’re going bankrupt four times more often than their parents did a generation ago, I thought that this would be a story of overconsumption — too many trips to the mall, too many designer toddler outfits, too many Gameboys.

The data show, however, that today’s families are actually spending less on consumption that their parents spent a generation ago: 22 percent less on clothing, 21 percent less on food, including eating out, 44 percent less on appliances, less on furniture, less on floor coverings.

And I have to tell you, that finding stopped me dead in my tracks. It’s counter to every conventional wisdom out there.

How can today’s family possibly be less secure with two incomes?

Today’s families are in financial trouble, because they’re spending so much more on big fixed expenses — mortgage, health insurance, car, preschool, after-school care and college.

What’s happened is that the cost of being middle-class has shot out of the reach of ordinary families over the past generation.

Today’s two-income family has 75 percent more income than the one-income family had a generation ago, but by the time they make four basic payments and their taxes they have less money to spend than their one-income parents.

Once a family builds a budget around two incomes, once they count on having both paychecks 52 weeks out of the year in order to be able to make the mortgage payment and the health insurance payment, they have a problem.

Because they have twice as many chances to get laid off, twice as many chances for someone to get too sick to go to work, and if grandma breaks a hip, or a young child becomes seriously ill, one of those two wage-earners will have to quit work to take care of the family member. So that means that they have more income, but they’re actually more at risk.

How has the economic value of stay-at-home mothers been historically misunderstood both by feminists and conservatives?

A stay-at-home mother a generation ago not only took care of the children and tended the home fires, but she acted as an economic safety net for the family. If Dad lost his job, or was too sick to go to work, Mom could go to work, and could bring in a new source of revenue to the family.

She might not make as much money as he made, but the combination of her new income plus unemployment would often keep the family at about the same total income level. And if she stayed at work after he went back to work, they had extra income for a few months and could boost their earnings. The same thing if they were hit with an unexpected expense, anything from a child going to college to uninsured medical bills. They had a second source of revenue, someone who could work whose salary hadn’t already been figured into the family budget, and could add that extra shot of income to the economic mix.

That made a two-parent family with one parent in the workforce and one parent at home a stronger, more secure family economically.

This is not an argument that women should stay at home. Today’s mortgage costs and health insurance costs and day-care costs mean that today’s families can’t survive on one income and use the second income for extras. Instead, they have to commit both incomes just to making the basic payments.

Can you talk about why mortgage payments become such an enormous part of families’ budgets?

Over the past generation mortgage costs have increased 70 times faster than a man’s wages. Think about that. That means for many families in metropolitan areas throughout the U.S. the only way to buy a home is if both parents go into the workplace.

And you’re not just talking about San Francisco and New York here?

In 75 percent of the metropolitan areas across America, a police officer cannot buy a house on one income. The same is true for a teacher or a firefighter. In other words, a one-income family in most of the United States cannot afford to be middle-class homeowners.

This is not about spa bathrooms and granite countertops. The average family in the U.S. today lives in a house that is 6.1 rooms. That’s larger than the average family in the early 1970s — they lived in a house that was 5.7 rooms — but today’s family has hardly rocketed into McMansion status.

So, we’re not living that much larger than we were in the 1970s? The plague of American hyperconsumerism in recent generations is just a myth?

The overconsumption myth is just that — a myth. It’s a story that we tell ourselves. And it’s a story that every credit card company that wants to press Congress to give it even more beneficial laws raises: the story of consumers who are wildly spending, and who need to be reined in. The credit card companies need protection from these wild overspenders.

When, in fact, those are the people that the credit card companies make all their money on?

When, in fact, that’s exactly where they make all their profits.

I think that the reason that the story has been so tenacious is that we want to believe that it’s true. If the only people who get into real financial trouble are the overspenders, then those of us who buy in bulk at Costco, and wouldn’t dream of spending $200 on sneakers, surely we’re safe.

And you’re saying that the actual danger is the fact that people have 75 percent of two incomes locked up on fixed costs, like their mortgages?

In other words, the whole overconsumption story is a distraction. It has families focused on nickels, when it’s the thousand-dollar commitments that are sinking the family economically. It gets families looking in the wrong place.

And there’s a whole school of very popular financial planning built around this idea that if you don’t have that latte …

Americans are not going broke over lattes! Americans are going broke over home mortgages and health insurance. To claim that it is lattes is first to blame the families for something that is not their fault. And secondly, it removes all pressure to focus on political changes that need to be made. In the early 1980s, with no debate, Congress quietly deregulated the home mortgage-lending industry and the credit card industry.

With deregulation, a monster was born, and the monster is sub-prime lending — that is, lending to a family once they get into financial troubles.

How big a business is that?

Nobody actually has the numbers on it, not even the Federal Reserve. Their best estimate is that it is many tens of billions of dollars. There’s a whole industry that’s grown up around this. And even Alan Greenspan says that it is the fastest growing part of the lending industry, this sub-prime element.

The notion is that the credit card company offers you a credit card at 6 percent interest, but if you lose your job and miss a payment, then the interest jumps to 29 percent. And once that happens a family gets its feet tangled up, and can’t get out of debt.

Or, you have a mortgage at 5-1/2 percent, and when you miss a mortgage payment, there’s an industry that descends on the homeowner offering to refinance to give some cash to the strapped family, but doubling or even tripling the interest rate on the payments.

Don’t try to borrow your way out of debt. It never works. A family in financial trouble should never, underline never, take out a second mortgage or refinance the mortgage on their home. Companies are making billions in profits by talking families into putting their homes on a roulette wheel, and the companies come out the winner. Home mortgage foreclosures are up more than 300 percent over the past 22 years. It’s really scary.

So, all these seemingly respectable financial institutions have become like loan sharks?

They have! They’re making profits that would make Jimmy the Leg Breaker drool. In the early ’80s, these mortgage-lending tactics and credit-card rates would have been illegal. The executives would have gone to prison for having sold these financial products.

It’s time for Congress to reinstitute interest-rate caps. Virtually every civilized nation on earth has caps on interest that can be charged to consumers, except the United States. I believe in personal responsibility, but I also believe in a fair fight, and today, the typical middle-class family is no match for a mortgage company and a credit card company out to steal from them.

With sub-prime mortgages, at what rate are people then paying their mortgages?

In 2001, when standard mortgage loans were in the 6.5 percent range, Citibank’s average mortgage rate was 15.6 percent.

Average! Average! So, half of them were above that on a home mortgage. That’s an extra $420,000 on an average $175,000 home. In some sense, you just laugh and shake your head. I do. But some part of me is furious over this. Hardworking middle-class families are being cheated out of their retirement, out of the opportunity to send their kids to college, out of the very roof over their heads by rapacious lenders, whose only notion is more profits, more profits, more profits.

In the U.S. today, you cannot buy a toaster that has a 1 in 12 chance of burning down your house. It’s not legal according to the Consumer Products Safety Commission. But you can buy a home mortgage that has a 1 in 12 chance of costing you your house. Either way the family is out on the street. The mortgage industry needs to be regulated at least as aggressively as the toaster industry.

I may need a food taster if you print that, somebody to start my car, but that’s OK with me.

A big part of your argument is based on this idea that parents are putting more money into their homes because they want to be in a good school district. But how do you determine why people are buying the homes that they do? Isn’t it possible that people just wanted a more expensive home in a classier neighborhood, and now they can’t pay the mortgage? How do we know it’s because of the school district?

It’s two halves of the data. One half is that median families aren’t buying houses that are much bigger than a generation ago, notwithstanding all the talk about McMansions and spa bathrooms. A family today is more likely to live in a house that’s more than 25 years old — old wiring, old paint, old plumbing. They’re not getting more.

The other half is to look at the studies of what a good school district yields in terms of prices. A 5-point increase on fourth-grade reading scores will translate into thousands of dollars in the value of a home in that school district, as opposed to the neighboring school district that didn’t have the rise.

Housing prices strongly mirror the perceived strength of the school district. It’s the only thing that fits the rest of the housing data. The houses haven’t gotten much bigger. They’re not newer. They don’t have a whole lot more amenities. The average new house built in the U.S. is larger, but that’s not what the median-income family is buying. The median-income family is buying a little bit more house for a whole lot more money.

How do you think that the public school system could be reformed to stop the bidding war for housing in good school districts? And how do you think that could be accomplished politically, because obviously if so many parents have made this enormous investment in buying these houses to get into good school districts, if suddenly the whole system goes into flux that’s going to massively undercut their investment. Aren’t people going to freak out?

There’s obviously some risk. But let me offer a different way to think about it. Mortgage costs for families with children have grown at twice the rate of [those for] people with no children. As long as school assignments are made by ZIP codes, parents will behave rationally. They will buy the most expensive ZIP code that they can afford and try to get their children educated. If school assignments throughout a region were made on some other basis than ZIP codes — by test scores, by interests, by needing a tuba player for the high school band — then parents who can afford $50,000 homes, $250,000 homes or $1 million homes would have the same educational opportunities for their children. And that means that parents could shop for homes that they could afford, and then look for schools that better matched their children, regardless of ZIP codes.

How do you get there? I’ve actually been talking to a lot of folks in Washington about this. I’ll give you the very short version: Up until the 1950s, highways were always local.

You paid for them with local taxes; they weren’t even statewide by and large. Somebody had the idea of building the big federal interstate system, and the way that they did it is that they just put up federal dollars, and said if you’ll build according to this plan, then we’ll give you a lot of federal matching dollars.

It would be possible today for Congress to agree to put up a commitment: 10 years of money to the first 10 school districts that want to try regional school choice. You give the principals some money to work with beyond what they get from the local tax dollars, and let the schools differentiate themselves from each other.

I think that this is the last best hope for keeping middle-class parents in the public school system. I’m really worried that the public school system is in grave danger.

You write that nearly nine out of 10 of these families who’d filed for bankruptcy did it because of job loss, medical problems, divorce or separation. These problems are obviously not new. So, why is there so much more personal bankruptcy now?

It’s two things that are happening simultaneously. The first is that today’s family is more highly leveraged. With larger fixed expenses, they have less room to cut back.

When you lose a job, it’s not possible to say: “Oh, we’re just going to pay 20 percent of the mortgage this month.”

The other part of it is that risk has actually increased. The chances of losing a job are greater today than they were a generation ago. The chances of having an ill family member are greater.

Because people live longer?

Because people live longer and because things that killed people a generation ago don’t today. And that’s the good news, right? But it has an economic ramification. And hospitals have changed. They send people home quicker and sicker. And that means a family member has got to be there to take care of them.

One of the men in your book ends up living in an efficiency apartment with no furniture, and he has two ex-wives and five kids. Doesn’t this case promote the overconsumption myth in a different way? Some people would look at this guy and say: “This guy shouldn’t have had five kids. He can’t support them.”

And now he’s broke. So, they won. They’re exactly right!

I can only deal with the realities. Some guy got married in his 20s, and had two kids. Got divorced, married again in his 30s, they had three more kids. Should he not have? Maybe. But I don’t know what we’re supposed to do about that today.

It’s a fair point. We tried to write these families up — warts and all. But the point that we were actually trying to make with the story is the position that his ex-wife is in. Maybe she shouldn’t have been foolish enough to marry someone who’d been married before. But if that’s the standard, I don’t know where we’re going to go.

Our real point was her financial world has been turned upside down. She cannot afford the house that she is living in, trying to keep three children in middle-class schools. And the solution to her problems is not to squeeze him harder for child support.

Divorced women trying to support children are in economic chaos, and once again the conventional wisdom is that the law just needs to squeeze ex-husbands harder and the women’s financial problems will be solved.

Our data showed that’s just not so. The money is just not there. You could put this ex-husband in chains, but that’s not going to produce enough money to pay her mortgage payments.

You’re right: Maybe he shouldn’t have had children. But we don’t get to say after the fact to the children that “Gee, you shouldn’t have been born.”

Do you think that the overconsumption myth makes it easy to continue scapegoating bankrupt people, rather than, say, reforming the lending industry?

The people we interviewed would not tell their parents that they had filed. They would not tell their brothers and sisters.

They hid it from the neighbors and often tried to hide it from their own children. When we interviewed people, they would sometimes say: “I’ll help you with your study, but you can’t say the word, because I can’t run the risk that one of the children will pick up the extension phone and hear you.” Or, others would say, “because I can’t bear to hear it.”

These people were deeply humiliated, and most of them believed that they were the only ones.

It really is like the perfect political issue where no one will ever take action, because they’re all too ashamed.

But you know, things change. There was a time when people didn’t want to talk about divorce because it was so shameful. There was a time when people didn’t want to talk about AIDs because it was so shameful. We’ve seen stigma undermine families before. And those things can change.

The families who are filing for bankruptcy are hardworking, play-by-the-rules people, who are doing the best that they can for their families. They do everything that they can to avoid bankruptcy.

I have no doubt that there are some people who misbehave. I just don’t think that’s the typical debtor who files for bankruptcy. In fact, I think it’s pretty rare.

National Journal reports: Things are bad out in Real America

The crumbling of once-great institutions isn't to blame for middle-class decline and anger. Politicians are

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National Journal reports: Things are bad out in Real America (Credit: Andy Dean Photography via Shutterstock)

Ron Fournier, the editor in chief of the National Journal, and reporter Sophie Quinton have a story on hard times in Muncie, Ind., as a microcosm of the failure of American institutions as a whole.

It’s a good piece. It’s even an “important” piece, in the sense that the cloistered elites who run the country could learn something of the reality of life out in the country at large if this piece makes it to their desks. D.C.-based news organizations should report from “the rest of America” more often, because in Washington mass foreclosures and double-digit unemployment are usually seen as abstract problems slightly less pressing than the fact that Social Security will, decades from now, pay out slightly more than it takes in. (Joe Klein, who is basically a buffoon, returned from his stunt “2010 road trip” sounding suddenly much less buffoonish. Getting outside the bubble is often instructive.)

The piece is bookended by the story of Johnny Whitmire, a guy who was unceremoniously dropped from the rolls of the middle class by the Very Serious People In Charge of Things. His wife lost her state job. They fell behind on their mortgage. He applied for the Obama administration’s mortgage modification program. His modification was canceled, Citi billed him for back payments, and his home was foreclosed on. Then he got a bill for not cutting the grass at the home his bank seized, because banks keep foreclosed homes in the names of their former owners to avoid liability issues.

So, Whitmire is angry. And he has every right to be.

Whitmire is an angry man. He is among a group of voters most skeptical of President Obama: noncollege-educated white males. He feels betrayed — not just by Obama, who won his vote in 2008, but by the institutions that were supposed to protect him: his state, which laid off his wife; his government in Washington, which couldn’t rescue homeowners who had played by the rules; his bank, which failed to walk him through the correct paperwork or warn him about a potential mortgage hike; his city, which penalized him for somebody else’s error; and even his employer, a construction company he likes even though he got laid off. “I was middle class for 10 years, but it’s done,” Whitmire says. “I’ve lost my home. I live in a trailer now because of a mortgage company and an incompetent government.”

Whitmire’s life was ruined by a few specific “institutions”: Mitch Daniels and the Indiana Republican Party, the finance industry as represented by the bank that decided to screw up his paperwork and seize his home, and the Obama administration, which failed spectacularly on mortgage modification efforts for a variety of reasons.

The piece as a whole lays blame for the sorry state of affairs in Muncie at the crumbling of institutions — church, school, government — but Whitmire is actually a victim of elites. It’s elite consensus that loan modifications have to be limited and difficult for homeowners in order to preclude “moral hazard” and save banks from having to overexert themselves. Mitch Daniels, a leading GOP presidential contender among George Will-style Republicans, slashed state payrolls, in the name of fiscal responsibility. The sorts of people who pay for National Journal subscriptions are actually responsible for this guy’s life going to hell.

Fournier and Quinton’s piece goes on to describe the decline in various Muncie institutions: the mainline Protestant church dying as a corporate-inspired Megachurch thrives outside of town, some local government scandal involving improperly cast absentee ballots and an arrogant one-term mayor. The schools are apparently awful, in part because of elite-mandated testing regimes, more Daniels budget cuts, and, of course, because many of their most motivated students have been redirected to private-run and publicly funded charter schools. (Though as usual the awfulness of the public schools is simply stated — there’s no data or anything.)

But if we want to talk about how things got so bad for formerly middle-class people like Whitmire, the culprit is basically the financialization of our entire system of capitalism and the crippling of the labor movement; the slow death of the Mainline Protestant tradition doesn’t really enter into it. Whitmire was screwed by a venal bank and betrayed by an administration that gave venal banks way too much leeway to screw people.

The National Journal advertises that their piece on “the solution” will run next, but I’m not entirely convinced they’ve nailed down “the problem.”

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

The big banks win again

Foreclosure victims get little help in a mortgage-settlement plan that only benefits the banks' bottom line

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The big banks win again This Oct. 12, 2011 file photo shows the J.P. Morgan Chase logo at the base of one of the bank's larger Lower Manhattan buildings in New York (Credit: AP Photo/Kathy Willens)

On Thursday, a group of well-connected and powerful men announced that the federal government and state attorneys general had agreed to a multibillion-dollar settlement of claims relating to falsified foreclosure documents. The image of former corporate lawyer-turned-Attorney General Eric Holder and Iowa official Tom Miller complimenting each other on their courage and bravery was a stark reminder of how little power foreclosure victims have in Washington. The terms of the settlement were still secret, but we saw hints of what is to come: The website set up to inform the public noted that homeowners may not know for up to three years whether they are eligible for help.  

Rather than settling anything, this agreement is simply a continuation of the policy framework of both the Bush and the Obama administrations. So what, exactly, is that framework? It is, as Damon Silvers of the Congressional Oversight Panel, which monitored the bailouts, once put it, to preserve the capital structures of the largest banks. “We can either have a rational resolution to the foreclosure crisis or we can preserve the capital structure of the banks,” said Silvers in October, 2010. “We can’t do both.” Writing down debt that cannot be paid back — the approach Franklin Roosevelt took — is off the table, as it would jeopardize the equity keeping those banks afloat.

This policy framework isn’t obvious, because it isn’t admissible in polite company. Nonetheless, it occasionally gets out.  Back in August 2010, at an “on background” briefing of financial bloggers, Treasury officials admitted that the point of its housing programs were to space out foreclosures so that banks could absorb smaller shocks to their balance sheets.  This is consistent with the president’s own words a few months later.

In October 2010, Obama publicly revealed how he sees the mortgage debt crisis. “This is a multitrillion-dollar market and a multitrillion-dollar problem,” he said, “and we’ve only got so much gravel.”

“We can’t magically sort of fix a decline in home values that’s so severe in some markets that people are $100,000 to $150,000 underwater,” he continued. “What we can do is to try to create sort of essentially bridge programs that help people stabilize, refinance where they can, and in some cases not just get pummeled if they decide that they want to move.”

At the time, the President was referring to HAMP, the $75 billion program announced in March 2009 as the administration’s signature program to address problems in the housing market. HAMP had been created because Sen. Jeff Merkley of Oregon demanded some remaining bailout money be used to help homeowners, or he would withhold a critical vote on unlocking the authority for the administration to get more TARP money. Larry Summers sent a letter to Merkley offering both a debt write-down plan (“cramdown”) and the dedication of up to $75 billion of money to help homeowners, in return for his vote.  In fact, administration officials had already decided that they would not pursue a debt write-down.

The settlement announced yesterday, whether you believe the $25 billion number (of which only $5 billion is actual cash), is one-third the size of HAMP. As Obama noted nearly two years ago, that’s just not very much gravel.

A more realistic solution to the problem was actually debated within the administration during the transition, in debates revealed by economist Laura Tyson at the Financial Times’ View from the Top Conference in 2011.  She noted that top officials had to decide whether to engage in mass write-downs of debt similar to FDR’s programs in the 1930s by using tools such as judicial modification, or whether to allow millions of foreclosures to go forward. They chose the latter. The current foreclosure epidemic, in other words, is partially a policy choice.

Everything done subsequent to that decision has been designed to mask this essential policy choice. This settlement is simply the latest example. While the headline number on the settlement is $26 billion, the actual cost to the banks and benefit to homeowners could be far lower, depending on how this complicated system of “credits” will be allocated. The banks will in all likelihood be able to charge off activities they had already planned, such as not pursuing deficiency judgments, refinancing and loan modifications. Some of the money may wind up being be paid not by banks, but by investors, such as pension funds.

Moreover, when the banks have reached settlements with law enforcement officials, they generally don’t hold to them.  The Nevada attorney general recently sued Bank of America for violating an agreements the state had made with Countrywide (once the largest mortgage originator in the country, now owned by BOA)  to end various predatory practices. When you issue parking tickets instead of handcuffs for multibillion-dollar crimes, the crime spree continues unabated. And obviously, HAMP, which was originally budgeted at three times the size of this settlement, has been a complete catastrophe.

Undergirding all of the chatter about the settlement is a basic reality that is not acknowledged by the administration.  There has simply been no thorough investigation of how the mortgage servicer market works, or how extensive forgery and fraud are. Banks routinely claim that few people have lost their home due to faulty foreclosures, and while that’s probably not true, we simply don’t know the extent of the problem. In effect, this settlement is a solution imposed on a problem yet to be diagnosed.

The next investigation

At the State of the Union, the president announced a new task force to investigate the abuses leading up to the mortgage crisis, as well as related tax and bank fraud questions.  This force is a multi-headed hydra, led by officials from the Department of Justice and New York Attorney General Eric Schneiderman.

The initial signs aren’t hopeful; DOJ has assigned 55 people to the task force, including 10 FBI agents. During the S&L crisis, which was 40 times smaller that this one, roughly 1,000 FBI agents were involved in the investigation. To put it another way, given the $5 trillion of home equity lost in the crisis, DOJ has assigned one person for every $100 billion lost. It is as if Apple lost its entire cash horde of $100 billion, and the government assigned just one person to find out what happened.

But there has been a good amount of private litigation and effort already, so though unlikely, it isn’t absolutely hopeless that there could be some handcuffs. A good test case to see what happens next is to see who is chosen to head the task force on a staff level. Someone like former TARP Inspector General Neil Barofsky or Rep. Brad Miller of North Carolina would indicate some level of seriousness. A traditional Justice Department bureaucrat would indicate otherwise.

Settlement or no, the housing crisis isn’t going away. The entire mortgage market at this point is backstopped by the government, and even so, housing prices are sliding. The roughly $1 trillion of underwater mortgages and the destruction of the rule of law in the private mortgage market need to be dealt with, one way or another. And they will be, whether through a restoration of a healthy housing market, or through the end of broad homeownership as part of the American experience.

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The foreclosure deal: Every little bit counts

The banks don't get the punishment they deserve, but the White House finally gets some traction on housing woes

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The foreclosure deal: Every little bit counts (Credit: whitehouse.gov)

The first thing to understand about Thursday’s much ballyhooed $26 billion foreclosure fraud settlement between five big banks, the federal government and 49 states is that it is nowhere near as big of a deal as it is being made out to be. You can safely ignore the claim that the torturously negotiated settlement is the heftiest financial punishment of industry by government since the landmark multistate tobacco deal in 1998 or President Obama’s declaration Thursday morning that it is the “largest joint federal-state settlement in our nation’s history.”

Not only does the foreclosure deal add up to peanuts compared to the $350 billion tobacco settlement, but it also pales before the size of the problem that it is theoretically supposed to address. The amount of negative equity held by Americans in their homes is currently calculated at around $700 billion. As a result of the foreclosure settlement around 750,000 Americans who lost their homes to foreclosure will receive checks of around $2,000 and another million homeowners will see the size of their outstanding loans reduced by an estimated average of around $20,000. Sure, any additional stimulus will be sorely appreciated in today’s demand-constrained U.S. economy, but a $2,000 check isn’t going to make up for a foreclosed home, and it is silly to think the banks will feel more than a slight pinch. The banks have already reserved enough capital to cover the checks that they are going to have to cut (around $5 billion). Compared to the damage caused to American families by both the financial crisis and the rush to foreclosure, the banks are getting off easy.

Obama may be technically correct to say that the settlement “will deliver some measure of justice for some families who have been victims of abusive practices,” but it’s wrong to treat the news as any kind of real payback for bank misdeeds. It’s just nibbling around the margins.

So is it a sellout — “another raw demonstration of who wields power in America,” as Naked Capitalism’s Yves Smith, — undoubtedly the harshest critic of the Obama administration on housing policy and bank reform — argues? That’s a little harder to say, and a lot depends on the future course of events.

Some defenders of the settlement are arguing that the size of the deal is smaller than it might otherwise be because the government has retained the right to sue the banks for a wide variety of mortgage-related bad behavior stretching beyond the fraudulent processing of foreclosure paperwork at the heart of this deal. In particular, the states attorneys general of New York and California can continue their own separate investigations. As Felix Salmon writes, “other big-money lawsuits over securitization can and almost certainly will still be brought — which means that the big banks all still have significant litigation risk hanging over their heads.” As if to punctuate this point, on Wednesday night, the Wall Street Journal reported that federal regulators plan to sue some of the largest banks on charges of fraud related to the dodgy securitization of mortgages in 2007 and 2008.

The proof of this theory will only come when we see how hard the Obama administration and states like California go after the banks in the future. Given the track record of this administration, that may be doubtful. (Although, it may be worth noting that at least one conservative critic of the settlement, Douglas Holtz-Eakin, bases his critique precisely on the fact that banks still can’t put the whole crisis behind them. The administration can’t leave well enough alone, complains Holtz-Eakin, or “resist the political temptation to rouse its base with finger-pointing and lawsuits.”)

A more interesting question to consider, however, is how the housing relief contained in this settlement fits into other administration housing policy efforts currently in the works.

First off, government negotiators are still working on roping another nine mortgage providers into the deal, which could raise the overall settlement total from $26 billion to around $40 billion. In March, the rejiggered HARP refinance program will kick in, presumably allowing hundreds of thousands of homeowners to refinance at currently rock bottom mortgage rates. There is also strong pressure coming from the Federal Reserve and the White House to convert currently unoccupied foreclosed homes owned by the Fannie Mae and Freddie Mac into rental properties, a step that would remove excess inventory from the housing market.

Each individual nibble here is unlikely to make a profound difference, but taken together, all these initiatives add up to the most concerted effort the Obama administration has taken to date to bring relief to the housing sector. It’s also worth noting that it’s all happening without any help whatsoever from Congress. The approach does not address the desire for punishment that so many would like to see meted out upon the banks, but it will likely help spur additional economic growth. At a point when the economy already seems to have solid momentum toward recovery, every extra bit of help is gravy.

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Andrew Leonard

Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21.

Newt Gingrich can’t talk his way out of Freddie Mac tie

His former firm invents excuses not to release the former speaker's "consulting" contract

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Newt Gingrich can't talk his way out of Freddie Mac tie (Credit: AP)

I bet, when he launched his presidential campaign in what I still assume was primarily an attempt to embarrass those who said he’d never actually do it, that Newt Gingrich did not think his greatest liability would be consulting for the Federal Home Loan Mortgage Corp. No, he surely assumed it’d be the marriages, adulteries and divorces. Or even the climate change ad with Nancy Pelosi. But the one attack he has not been able to talk his way out of has turned out to be that he took a great deal of money from Freddie Mac, which, according to Republican lore, caused the financial crisis.

Freddie Mac paid Gingrich’s consulting firm at least $1.6 million for his time. Exactly how much — and how much went to Gingrich — is still unknown, because reporters haven’t seen the contract between Freddie Mac and Gingrich’s Center for Health Transformation. Gingrich initially said Freddie Mac refused to waive a confidentiality agreement that would allow him to release the contract. But:

Freddie Mac officials said last week that Gingrich was “welcome” to release the contract, under which his consulting firm was paid at least $1.6 million over eight years for his services.

So Gingrich said it’s up to his partners at his former firm to release it. For some reason, a lawyer for Center for Health Transformation is still blocking the release. He wrote to Bloomberg News:

Even though Freddie Mac is willing to allow the document to be made public, allowing a release of the documents in this case might put the confidentiality of other Center for Health Transformation clients at risk, said Stefan Passantino, an attorney representing the firm.

“The risks of any kind of confidentiality waiver, even if the company tried to limit it to one client or one document, are too great to be feasible,” Passantino said in an e-mail yesterday. “A limited waiver is not possible and I am unable to authorize such a release.”

It’s just too risky! Other clients may accidentally waive their own confidentiality agreements and the world will learn how much Newt Gingrich bilked them for. Releasing just one specific document relating to one specific client could put the entire world at risk of an EMP strike, too. You can’t be too careful.

Gingrich is in the midst of his spite-driven campaign death spiral at the moment but he’s still loudly defending himself against the charge that he actually did what Freddie paid him to do, because that would, in the GOP interpretation of history, make him responsible for the entire recession.

Fannie and Freddie by no means “caused” the crisis — they entered the subprime game extremely late, the worst loans were made by the private sector, and the securitization of bad mortgages was the work of wholly Wall Street wizards — but the right-wing line against them has a grain of truth to it. Democratic insiders controlled Fannie and Freddie, and Fannie in particular threw money and favors at politicians in order to avoid facing or complying with tougher regulations (just like wholly private corporations do every day).

But the Gingrich role in this rankles the GOP in particular because it means they can’t simply blame Barney Frank and Barney Frank alone for the financial crisis. Gingrich was on the payroll to perform outreach to Republican lawmakers. The point of the influence-buying game is that it works best when it’s bipartisan.

Gingrich’s job was to get Republicans on board with the profit-maximizing strategies of the GSEs, and his own former chief of staff was Fannie’s senior vice president for regulatory policy (i.e., lobbying for looser regulations). No one could’ve predicted that they’d need the GSEs to be a handy scapegoat a few short years later.

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

Old people getting richer, young people getting poorer

The age-based wealth gap is big and growing, thanks to younger Americans' debts

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Old people getting richer, young people getting poorer (Credit: MitarArt via Shutterstock)

Have you noticed how most of the Tea Party people were sort of old, while most of the Occupy Wall Street people are fairly young? Here’s an interesting factoid, from the USA Today: Old people are much, much richer than young people. According to the Pew Research Center, Americans 65 and older are 47 times richer than those 35 and younger.

It makes sense that old people would have more money than young people, because they have been working and saving longer. But this wealth gap is massive by historical standards. In 1984, old people were a mere 10 times richer than young people. Not only have old people gotten richer since then, but the median net worth of households headed by young people has declined considerably.

Households headed by adults ages 35 and younger had a median net worth of $3,662 in 2009. That marks a 68% decline in wealth, compared to that same age group 25 years earlier.

Over the same time frame, households headed by adults ages 65 years and older, have seen just the opposite. Their wealth rose 42%, to a median of $170,494.

It gets worse, for young people: “37% of the young households held zero or negative net worth in 2009, up from 19% in 1984.”

Boy, so what are all these old people complaining about, so much? (Immigrants, mostly.)

This growing disparity is the result of a lot of factors, but the most powerful force driving the net worth of young people ever downward is debt. Lots of young people are, as we have repeatedly noted, graduating college with mountains of student loan debt, and today’s job market is not exactly robust. And many young people who listened to the conventional wisdom and purchased a home have found that to be a poor investment. Old people who already owned their homes weathered the housing bubble and its collapse largely intact. Homeowners 35 and under were and are simply screwed.

To make up for the fact that advertisers and film industry marketers don’t care for them, old people instead have the United States Congress, which is made up almost entirely of old people. For old people, America is practically a European socialist utopia, with single-payer healthcare and everything. It’s laissez-faire for the rest of us suckers.

The fact that this gap is getting worse helps explain why so many older Americans don’t get it, when the young people complain. The amount of debt young Americans take on today is way higher than it used to be, the opportunities for class mobility are shrinking, and the life choices that worked for earlier generations looking to join the middle or upper classes (college and homeownership) have largely become massive rip-offs.

With the most recent crash and recession, young people have gone from a generation that worried they’d never be able to afford the homes they grew up in to one that is unable to leave those homes (and then they’re called shiftless and lazy), and the response of the political class has been … austerity for most. It is the primary argument of the austerity pushers (and their allies, the deficit hawks) that young people should give in and accept that “we” can’t afford to sustain the fairer society that older Americans enjoyed. That argument would be more convincing if the current Bad Times were affecting everyone equally, instead of simply the already young and poor, but every week more data arrives showing that those who made a killing before the house went bust are doing fine, thank you.

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

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