And The Walls Come Tumbling Down

The United States is in a financial crisis that has so many causes it is very difficult to figure out who to blame or what to do.  Or is it?  This letter will reveal many of the root causes of this meltdown, however, I am certain as each ox gets gored (no pun intended) there will be those out there who disagree.  So let them write a letter. 

I am going to start at the beginning, with the building of a home.  This is a very straight forward process.  A developer buys a 100 acre piece of property and goes to their local jurisdiction (city or county) to obtain a permit to build 500 single family units (5 units per acre).  During the 1960’s this was a common practice.   The jurisdiction affirms the concept of the project in a year or two or three but notes that conforming to “Smart Growth” ideals, 30% of the land must be dedicated to Open Space and there must be neighborhood parks, 200 foot setbacks for streams (riparian right-or-ways) and other “Green Considerations”.  The developer realizes they can only build 230 units and the units cannot be 1,600 square foot homes, rather they must be larger than 3,300 square foot homes to create the income needed to make a profit. 

The problem here is that the new buyers cannot afford the units so the building industry sees FNMA & FHLMC as the rescue agent.  FNMA & FHLMC design a program that is interest only at the start of the loan or negatively amortizing but requires that the borrower has adequate credit and income (NY Times 9/30/1999).  There will be little or No Down Payment required.  Also, there will be mortgage insurance companies who insure the lender against loss of the top 20% of the loan, or the loan will be made as an 80/20 giving the holder of the 20% second most of the risk. 

It didn’t stop there, the Chicago Board of Trade and its dealers started buying Sub Prime loans for their Collateralized Mortgage Obligation (CMO) debt instruments and sub-prime lenders were on their way.  After all, this would help “everyone” achieve that holy grail of home ownership.  The investment bankers could also create derivatives, which is to say they could break the loans into pieces.  A 7.5% subprime loan for $300,000 could have the first $100,000 give up a 4 % return ($477.42/mo), the second $100,000 a 5% return ($536.82/mo), and the last $100,000 a 12.71% return ($1,083.40/mo).  Now we are supposed to use the taxpayers’ funds to bailout the high risk investors. 

Let’s change the subject somewhat to the actual mortgage brokers and lenders.  Harry and Helen Homebuyer come to them to buy a home using one of these subprime mortgages.  They wish to use a stated income loan that has a 2% start rate that lasts for one year.  They wish to borrow $500,000 for their purchase.  There new principal & Interest payment is $1,848.10 plus taxes of $520.83, plus insurance of $85.07 per month.  The total is $2,454.00 and should have a qualifying income of about $6,500.  Our borrower states that they do make $6,500.00 per month and the loan gets funded.  Everyone gets paid and Harry and Helen live happily ever after or at least for one year when their mortgage payment goes to 5% and $2684.11 and totals $3290.01.  Harry and Helen are starting to feel the pinch as they may have overstated their income on the application.  Year 3 rolls around and now we get to the 7.5% rate and the new payment of $3,456.47 or a total of $4,062.37.  Hopefully, Harry and Helen are making a lot more money however, they are not.  Also the value of their home has dropped to $380,000.00.  Their first words are that someone took advantage of them and they are the victim.  But they are the ones who overstated their income, although encouraged by their lender, and, after all, they were taught in public school that truth is relative and that their needs come first.  So who is to blame? 

Of course the government got into this to help the downtrodden obtain home ownership with the Community Reinvestment Act started in 1977 but was given a new improved version in 1995 and really took off in 1998 when all lenders found out that they could make destructive loans and sell them to FNMA & FHLMC (Franklin Raines would like to thank Barney Frank, Chris Dodd, Charles Schumer and Barak Obama for keeping the Feds out of his business).  These loans are for people with marginal credit, lack income verification, and have little or no assets and who did not qualify for any loan prior to this intervention.  Of course these loans have No Down Payment requirement.  These loans get securitized, of course, and that is where Wall Street came in.  After all, we have a perfect storm.  The street can buy these CMO’s and then break them into financial parts and sell them to everyone because American real estate has always appreciated and there can be no losers.  This gives “the street” the motivation to keep the highest return portions and leads to the failure of Lehman, Merrill, and so many others.  It is like magic.  Keep the investors looking at the parts and the return and they will never see or understand the underwriting.   By the way, America is not the only country that tried this program.  Bummer!! 

Here is another issue.  If a sub-prime loan is funded at a higher interest rate than a prime loan, how do we justify the larger payment to a less qualified borrower?  How do we justify a distinctly poor loan to people who could not afford a lower payment on a quality loan?  This type of thinking will never meet the stink test.  The only ones who win here are the Realtors, the mortgage brokers, and the lenders who sell these loans and are not held accountable because they have met the underwriting requirements of FNMA, FHLMC, and other institutional investors. 

So, why does the 100%, no down payment VA loan program work?  It is because the borrower has a stake in the program.  The borrower had to serve in the military; they are only able to use their VA entitlement once without meeting lengthy criteria and time requirements, and they have to have verifiable income and assets.  There is pride that does not flow to the sub-prime market where borrowers already have marginal credit, indefinable income, and no source of down payment.  Sub-prime encourages straw-buyers who deed over their property to investor/speculators for flipping.  After all, no one had any cash in the transaction anyway. 

Has the government ever come up with a program that helps the less fortunate and has accountability factors tied to it?  Yes!!  About 1980 the government developed the Mortgage Credit Certificate Program and it worked quite well.  Let me explain.  First, the borrower had to have documentation for income and assets to close.  The program was not administered by the lender; it was administered by an agency.  Therefore, the borrower had a tremendous choice of the kind of loans they would be able to obtain. This loan allowed the borrower to apply for the credit through the MCC program office and the benefit was a credit that paid 20% of the interest accrued to the loan for a period of 10 years.  The loan credit was delivered through the IRS when the tax return was filed, showing that the property was owner occupied, and that the borrower fit in the qualifying income bracket required for assistance.  The moment an MCC recipient sold their home it would show on the tax return and no more MCC benefits would accrue to the homebuyer and the homebuyer would have to pay back some or all of the MCC benefits at the time of sale for a period up to ten years.  

The major mistake in the MCC is that it is funded using municipal bonds.  This leads to lobbying groups moving the tax free money to pet projects and severely limiting the amount of dollars that can be used for the MCC.  It is not unusual to wait long periods in escrow just to have the money available for one transaction.  If the American people can afford $700,000,000,000 for a bailout they certainly could have afforded $5,000,000,000 to assist folks obtain the goal of home ownership. 

Why does the government value homeownership so highly?  First it is the major source of wealth development for the great majority of Americans.  Second, good neighborhoods have a majority of owner occupied homes (not so many first responder calls).  Using the MCC the homebuyer got a benefit, home ownership, with 15-20% of the payment paid for by the government for the first ten years of the loan.  After the ten years was up, no more benefits accrued to the borrower but the borrower who was still in the home did not owe anyone for the benefit they received during the ten year period.  Buyers were not willing to give up the MCC benefit and hung onto their homes jealously.  

Where do we go from here?  We have a new $700,000,000,000 Bailout Bill that does not appear to try to regulate the lenders, FNMA, FHLMC, or investment houses.  Good luck on that.  The underwriting guidelines must return to a more sane time when it was expected that people should be able to save five or ten percent down payments plus their closing costs.  Mom and Dad should not be their kid’s banker but rather their mother and father that taught the kids when to spend and when to save.   

Lastly, I would like to direct the reader to a national philosophy which I will call the “Theory of Everyone” philosophy.  This line of thinking goes something like this;  

Everyone should be able to own a home.  What kind of stupidity is that?  Not everyone knows how to push a lawnmower, much less fix one.  Not everyone is motivated to paint their home, fix a faucet, or change the filters in the heating unit.  Those who will not do these things should be called tenants.  Not everyone makes enough money to pay for a home. 

Everyone should go to college.  That’s rich!!  Some people don’t go to college because they don’t qualify.  Others because they chose to do other things such as military service, or other public service or attend an apprentice school.  Others should not go because they just cannot compete.  Because the college is able to get paid by these students does not mean that the employer will be pleased with the product.  Some people are just not qualified for college and should do other things. 

Everyone should have health care.  The people of Great Britain thought so too.  They really got sucked in to the “Theory of Everyone”. 

Everyone who is hungry should be able to eat well.  Then why are we the most obese country in history? 

Everyone should have cheap fuel.  Sounds good but the politicians are in the bag with Middle Eastern Oil.  The Greens impede America from drilling for oil or using nuclear solutions. 

The common thread that runs through the “Theory of Everyone” is the lack of personal responsibility.  

Everyone should own a home, so save some money or buy in a cheaper neighborhood.   

Everyone should go to college.  Study hard and you can but how about trade schools or the military, after all graduates you may actually want to earn a living someday.  

Everyone wants free health care.  Maybe they should walk around the block and limit their caloric intake.  Take a look at Great Britain!! 

Everyone should be able to eat well.  Same answer as previous statement. 

Everyone wants cheap fuel.  Drill, Drill, Drill. Attendant to that, if nuclear fuel is good enough for France, then it’s good enough for America.  The only reason I continue to see for delay is that some folks want the United States of America to become weak. 

This isn’t just about housing, it is about all these leftist ideas that have crippled America for the last many years.  Those ideas are based in the  ”Theory of Everyone” just ask Karl Marx. 

America’s role should be that it provides all the opportunity to succeed that anyone could possibly use. America should understand that not all of her citizens will take advantage of these opportunities and some will even fail.  We are especially taught these truths in sports where the athlete must lift weights, memorize the plays, practice to get the timing down.  The more he or she does of each one the more likely the athlete is to win. 

Now we are back at the beginning, trying to build some homes and the great circle of non- responsibility continues, or does it?   Will the Greens/socialists back off the housing issue?  No.  Will the investment bankers start taking their client’s interests to heart?  No.  Will your political representative start to represent the average Joe?  No.  Will America start using creative and accountable programs (such as the MCC) to help less fortunate Americans buy homes?  No.  Will Congress be able to resist the Middle Eastern OPEC money until we have drilled on American soil?  No.  But we are the United States of America, the North Star for all countries.  If we are out of place then what? 

Stephen J. Ferry

Copywrite 2008

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