How you can say that about Fannie Mae and Freddie Mac after listening to the tape I posted is beyond me. You could see and hear Republicans talking about the need for more oversight and Dems insisting nothing was wrong and the mean old regulators were persecuting nice Mr. Raines and Fannie Mae.
Beyond that believing that free markets are best would mean opposing things like the Community Reinvestment Act which required bank examiners to grade banks and thrifts on how many loans to minorities they made. These regulations created the subprime mortgage problem.
See this from 1995:
The CRA requires banks and thrifts to meet the credit needs of low- and moderate-income communities in exchange for federal deposit insurance and other public benefits and subsidies. Under the law, the federal banking agencies assign lenders one of four ratings: "outstanding", "satisfactory," "needs to improve," or "substantial noncompliance." Yet disobeying the CRA does not necessarily result in sanctions or fines. Instead, when banks apply to expand, merge with or acquire another bank, or open a branch, citizens may challenge an application and request that it be denied based on the bank's poor lending performance in minority or low- and moderate-income communities.
Although federal regulators deny few applications, community activists have used the challenge process to organize and educate members of the community around credit and reinvestment issues. Faced with strong opposition, many banks and thrifts relent to community demands. Over the last 15 years, hundreds of challenges to applications by community groups have resulted in over $30 billion in loans for single-family and multifamily housing, small business and economic development, social services, and community development financial institutions and community development corporations.
....
With the election of President Clinton in 1992, community activists hoped for new initiatives to improve and strengthen the reinvestment laws. After all, Clinton's urban policy platform invoked the CRA as a tool for renewal, and the CRA fits perfectly with Clinton's New Democrat ideology: it costs taxpayers nothing, provides substantial public benefits, and relies on the private sector. To some extent, community activists' hopes have been realized. The Administration has strengthened enforcement of existing fair lending laws through the Department of Justice and HUD. The Department of Justice has settled five cases against lenders accused of discriminating against minorities, and HUD has moved aggressively to enforce fair lending laws.
The administration's most ambitious move concerns the rewriting of CRA regulations. For the last two years, the banking agencies have attempted to address community and banker complaints about the CRA and design a more "performance-based" regulation. Although the regulation was rewritten three times – with each draft weaker than the previous version through the influence of the banking industry lobbies – many activists and lenders agree that the new regulation is an improvement. The new rule explicitly ties banks' CRA ratings to actual lending to low- and moderate-income communities and individuals, makes more small business lending data available to the public, and codifies the important role of community organizations.
http://www.nhi.org/online/issues/81/tools.html
And see this:
The role of the CRA
Russell Roberts
The Community Reinvestment Act was signed by Carter in 1977. Some suggest that proves it can't have been a cause of the current mess. But the Act has changed dramatically over time. Read this account from the City Journal from 2000 (HT: Zev Fredman and Svetozar Pejovich):
The Clinton administration has turned the Community Reinvestment Act, a once-obscure and lightly enforced banking regulation law, into one of the most powerful mandates shaping American cities—and, as Senate Banking Committee chairman Phil Gramm memorably put it, a vast extortion scheme against the nation's banks. Under its provisions, U.S. banks have committed nearly $1 trillion for inner-city and low-income mortgages and real estate development projects, most of it funneled through a nationwide network of left-wing community groups, intent, in some cases, on teaching their low-income clients that the financial system is their enemy and, implicitly, that government, rather than their own striving, is the key to their well-being.
The article details how the new provisions empowered community activists to pressure banks, enriching non-profit organizations and dramatically increasing the number of homes financed with little or no money down:
There is no more important player in the CRA-inspired mortgage industry than the Boston-based Neighborhood Assistance Corporation of America. Chief executive Bruce Marks has set out to become the Wal-Mart of home mortgages for lower-income households. Using churches and radio advertising to reach borrowers, he has made NACA a brand name nationwide, with offices in 21 states, and he plans to double that number within a year. With "delegated underwriting authority" from the banks, NACA itself—not the banks—determines whether a mortgage applicant is qualified, and it closes sales right in its own offices. It expects to close 5,000 mortgages next year, earning a $2,000 origination fee on each. Its annual budget exceeds $10 million.
Marks, a Scarsdale native, NYU MBA, and former Federal Reserve employee, unabashedly calls himself a "bank terrorist"—his public relations spokesman laughingly refers to him as "the shark, the predator," and the NACA newspaper is named the Avenger. They're not kidding: bankers so fear the tactically brilliant Marks for his ability to disrupt annual meetings and even target bank executives' homes that they often call him to make deals before they announce any plans that will put them in CRA's crosshairs. A $3 billion loan commitment by Nationsbank, for instance, well in advance of its announced merger with Bank of America, "was a preventive strike," says one NACA spokesman.
Marks is unhesitatingly candid about his intent to use NACA to promote an activist, left-wing political agenda. NACA loan applicants must attend a workshop that celebrates—to the accompaniment of gospel music—the protests that have helped the group win its bank lending agreements. If applicants do buy a home through NACA, they must pledge to assist the organization in five "actions" annually—anything from making phone calls to full-scale "mobilizations" against target banks, "mau-mauing" them, as sixties' radicals used to call it. "NACA believes in aggressive grassroots advocacy," says its Homebuyer's Workbook.
The NACA policy agenda embraces the whole universe of financial institutions. It advocates tough federal usury laws, restrictions on the information that banks can provide to credit-rating services, financial sanctions against banks with poor CRA ratings even if they're not about to merge or branch, and the extension of CRA requirements to insurance companies and other financial institutions. But Marks's political agenda reaches far beyond finance. He wants, he says, to do whatever he can to ensure that "working people have good jobs at good wages." The home mortgage business is his tool for political organizing: the Homebuyer's Workbook contains a voter registration application and states that "NACA's mission of neighborhood stabilization is based on participation in the political process. To participate you must register to vote." Marks plans to install a high-capacity phone system that can forward hundreds of calls to congressional offices—"or Phil Gramm's house"—to buttress NACA campaigns. The combination of an army of "volunteers" and a voter registration drive portends (though there is no evidence of this so far) that someday CRA-related funds and Marks's troop of CRA borrowers might end up fueling a host of Democratic candidacies. During the Reagan years, the Right used to talk of cutting off the flow of federal funds to left-liberal groups, a goal called "defunding the Left"; through the CRA, the Clinton administration has found a highly effective way of doing exactly the opposite, funneling millions to NACA or to outfits like ACORN, which advocates a nationalized health-care system, "people before profits at the utilities," and a tax code based "solely on the ability to pay."
Whatever his long-term political goals, Marks may well reshape urban and suburban neighborhoods because of the terms on which NACA qualifies prospective home buyers. While most CRA-supported borrowers would doubtless find loans in today's competitive mortgage industry, a small percentage would not, and NACA welcomes such buyers with open arms. "Our job," says Marks, "is to push the envelope." Accordingly, he gladly lends to people with less than $3,000 in savings, or with checkered credit histories or significant debt. Many of his borrowers are single-parent heads of household. Such borrowers are, Marks believes, fundamentally oppressed and at permanent disadvantage, and therefore society must adjust its rules for them. Hence, NACA's most crucial policy decision: it requires no down payments whatsoever from its borrowers. A down-payment requirement, based on concern as to whether a borrower can make payments, is—when applied to low-income minority buyers—"patronizing and almost racist," Marks says.
This policy—"America's best mortgage program for working people," NACA calls it—is an experiment with extraordinarily high risks. There is no surer way to destabilize a neighborhood than for its new generation of home buyers to lack the means to pay their mortgages—which is likely to be the case for a significant percentage of those granted a no-down-payment mortgage based on their low-income classification rather than their good credit history. Even if such buyers do not lose their homes, they are a group more likely to defer maintenance on their properties, creating the problems that lead to streets going bad and neighborhoods going downhill. Stable or increasing property values grow out of the efforts of many; one unpainted house, one sagging porch, one abandoned property is a threat to the work of dozens, because such signs of neglect discourage prospective buyers.
A no-down-payment policy reflects a belief that poor families should qualify for home ownership because they are poor, in contrast to the reality that some poor families are prepared to make the sacrifices necessary to own property, and some are not. Keeping their distance from those unable to save money is a crucial means by which upwardly mobile, self-sacrificing people establish and maintain the value of the homes they buy. If we empower those with bad habits, or those who have made bad decisions, to follow those with good habits to better neighborhoods—thanks to CRA's new emphasis on lending to low-income borrowers no matter where they buy their homes—those neighborhoods will not remain better for long.
Because many of the activists' big-money deals with the banks are so new, no one knows for sure exactly which neighborhoods the community groups are flooding with CRA-related mortgages and what effect they are having on those neighborhoods. But some suggestive early returns are available from Massachusetts, where CRA-related advocacy has flourished for more than a decade. A study for a consortium of banks and community groups found that during the 1990s home purchases financed by nonprofit lenders have overwhelmingly not been in the inner-city areas where redlining had been suspected. Instead, 41 percent of all the loans went to the lower-middle-class neighborhoods of Hyde Park, Roslindale, and Dorchester Center/Codman Square—Boston's equivalent of New York's borough of Queens—and additional loans went to borrowers moving to the suburbs. In other words, CRA lending appears to be helping borrowers move out of inner-city neighborhoods into better-off areas. Similarly, not-yet-published data from the state-funded Massachusetts Housing Partnership show that many new Dorchester Center, Roslindale, and Hyde Park home buyers came from much poorer parts of the city, such as the Roxbury ghetto. Florence Higgins, a home-ownership counsellor for the Massachusetts Affordable Housing Alliance, confirms the trend, noting that many buyers she counsels lived in subsidized rental apartments prior to buying their homes.
This CRA-facilitated migration makes the mortgage terms of groups like NACA particularly troubling. In a September 1999 story, the Wall Street Journal reported, based on a review of court documents by Boston real estate analyst John Anderson, that the Fleet Bank initiated foreclosure proceedings against 4 percent of loans made for Fleet by NACA in 1994 and 1995—a rate four times the industry average. Overextended buyers don't always get much help from their nonprofit intermediaries, either: Boston radio station WBUR reported in July that home buyers in danger of losing their homes had trouble getting their phone calls returned by the ACORN Housing group.
NACA frankly admits that it is willing to run these risks. It emphasizes the virtues of the counselling programs it offers (like all CRA groups) to prepare its typical buyer—"a hotel worker with an income of $25K and probably some past credit problems," says a NACA spokesman—and it operates what it calls a "neighborhood stabilization fund" on which buyers who fall behind on payments can draw. But Bruce Marks says that he would consider a low foreclosure rate to be a problem. "If we had a foreclosure rate of 1 percent, that would just prove we were skimming," he says. Accordingly, in mid-1999, 8.2 percent of the mortgages NACA had arranged with the Fleet Bank were delinquent, compared with the national average of 1.9 percent. "Considering our clientele," Marks asserts, "nine out of ten would have to be considered a success."
The no-down-payment policy has sparked so sharp a division within the CRA industry that the National Community Reinvestment Coalition has expelled Bruce Marks and NACA from its ranks over it. The precipitating incident: when James Johnson, then CEO of Fannie Mae, made a speech to NCRC members on the importance of down payments to keep mortgage-backed securities easily salable, NACA troops, in keeping with the group's style of personalizing disputes, distributed pictures of Johnson, captioned: "I make $6 million a year, and I can afford a down payment. Why can't you?" Says Josh Silver, research director of NCRC: "There is no quicker way to undermine CRA than through bad loans." NCRC represents hundreds of smallish community groups, many of which do insist on down payments—and many of which make loans in the same neighborhoods as NACA and understand the risk its philosophy poses. Still, whenever NACA opens a new branch office, it will be difficult for the nonprofits already operating in that area to avoid matching its come-one, come-all terms.
cafehayek.typepad.com
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That philosophy has been proven to be dead wrong in telcom, energy,
You think we should go back to natural gas price controls? What energy regulations do you think were good? |
