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Bruce Judson

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The Foreclosure Crisis: A Nation in Denial

Posted: 01/09/12 05:00 PM ET

As we start the New Year, the executive branch and Congress continue to pretend the gravest risk to our economy and social stability does not exist: the ongoing foreclosure crisis. The financial crisis began with the housing crisis and it will not end until we resolve housing. Government policymakers who seemingly ignore this basic fact are leading the nation to another potential catastrophe.

Last week, a number of important events occurred in Washington, including important recess appointments by President Obama. However, the most noteworthy event did not make front page news: the Federal Reserve's (apparently) unsolicited memo to the committees of Congress that oversee financial services warning of the dangers the current housing market poses for the economy.

This represents an extraordinary action and underscores both the seriousness of the continuing crisis and the absence of meaningful discussion of the problem in Washington. Bernanke's memo reviewed federal actions to date and effectively concluded that they were unlikely to solve this national tragedy. The memo concluded, in part:

The challenges faced by the U.S. housing market today reflect, in part...a persistent excess supply of homes on the market; and losses arising from an often costly and inefficient foreclosure process (and from problems in the current servicing model more generally)... Absent any policies to help bridge this gap, the adjustment process will take longer...pushing house prices lower and thereby prolonging the downward pressure on the wealth of current homeowners and the resultant drag on the economy at large.

This memo is notable for several reasons. First, it's important to remember that when the Fed speaks, it does so in sober, limited terms. So an unprompted Fed warning suggesting "a persistent excess of supply" and a "resultant drag on the economy" is comparable to the Secretary of Homeland Security holding a press conference to warn of the risk of an imminent national emergency. Second, an unprompted memo from Bernanke to the House means that he is so deeply worried he felt the need to speak out in as strong a voice as his position permits. Third, the Fed rarely speaks on issues unrelated to its direct activities. Indeed, The Wall Street Journal subsequently wrote that, "For an institution that jealously guards its independence, the Federal Reserve is wading into treacherous political waters." This further underscores the severity of the risks the Fed foresees.

Finally, a further indicator of the depth of the Fed's concerns is what may be an apparently unprecedented set of coordinated speeches by three top Fed officials. On Friday, the presidents of the New York and Boston Fed banks, and Betsy Duke, a Fed Governor, all gave speeches detailing the need for aggressive action to spur a housing recovery. For example, William Dudley, president of the New York Fed, told a group that, "The ongoing weakness in housing has made it more difficult to achieve a vigorous economic recovery."

There are a multitude of additional indicators that our current treatment of the housing sector will at minimum prevent an economic recovery and at worst have disastrous consequences for the stability of the financial sector as well as the health of the middle class. (For the record, my analysis leans toward the latter of these two viewpoints.) These include the reportedly poor health of our financial institutions (zombie banks), the administration's seeming efforts to cover this fact up, and the inevitable failure of federal homeowner assistance programs that rely on the cooperation of financial institutions whose profit incentives are in the reverse direction.

Consumer spending represents 70 percent of the nation's economy and is central to any economic recovery. To achieve sufficient aggregate demand (i.e. total spending on goods and services), this will require spending by middle-income individuals in addition to what we now call the 1%. The Fed report suggests that the housing crisis makes such a recovery unlikely.

The report found that, in the aggregate, more than $7 trillion in home equity -- more than half of the aggregate home equity that existed in early 2006 -- has now been lost, noting, "This substantial blow to household wealth has significantly weakened household spending and consumer confidence." In addition, "Middle-income households, as a group, have been particularly hard hit hit because home equity is a larger share of their wealth in the aggregate than it is for low-income households (who are less likely to be homeowners) or upper-income households (who own other forms of wealth such as financial assets and businesses)." These households have seen their home equity decline by an estimated 66 percent.

Moreover, the fear of a continuing loss of wealth (which is a cushion against job loss or other economic emergencies), the fear of job loss itself, the negative effects of underwater homes, lack of forbearance for unemployment (a point the Fed particularly emphasizes), and consumers struggling to meet mortgage payments in a far more difficult environment are all dragging the economy down.

There is also a far worse possibility. Today, an estimated 29 percent of all homes with mortgages are underwater. In addition, at least one respected analyst estimates that a total of 14 million homes will be foreclosed on from 2007 to the end of the crisis. This represents a hard-to-imagine one in every four mortgages. With foreclosures increasing, there is now such a looming imbalance of supply and demand that, as the Fed notes, further decreases in home prices are likely. Some believe home price reductions of another 20 percent are likely. This would, in all likelihood, have disastrous consequences on at least three fronts -- and ripple effects that are impossible to predict.

First, many homeowners would be so far underwater that massive walkaways would be likely. The negative impact on consumer spending of such price declines would almost certainly lead to a vicious cycle of more job losses, leading to further walkaways by struggling consumers.

Second, the mortgage securities market would be in chaos. Nonperforming loans would lead to the forced recognition that bank capital (based on the value of mortgages in bank portfolios) is weak or insufficient.

Third, it is almost impossible to imagine foreclosures on the massive scale anticipated without dire social consequences or even some form of social unrest. As Peggy Noonan has observed, the real meaning of Occupy Wall Street is that this is just the beginning of the protests we are likely to see. "OWS is an expression of American discontent, and others will follow," she predicts. Protests and social unrest are particularly likely if people feel they are unfairly losing their homes to support irresponsible, law-breaking institutions that have successfully disregarded the fundamental rules of capitalism and good citizenship. Mechanisms to avoid this possibility are one of the central issues I address in my forthcoming book, Making Capitalism Work for the 99%: A Manifesto.

What is shocking is the almost total lack of attention the administration has paid to suffering homeowners. It's hard for me (and apparently Chairman Bernanke) to understand how the administration can possibly hope to revitalize the economy without seriously addressing the overhang of consumer housing debt. Moreover, the failure to address the risk this poses for a broader economic catastrophe borders on the inexcusable.

If President Obama is serious about saving the middle class and reducing income inequality, the administration needs to be far more aggressive in developing policies to keep homeowners as homeowners. As I have written before, this was one of FDR's central goals in the New Deal. Detailed proposals for addressing this extraordinary risk do exist. However, they will require a determined effort. There are solutions, but they are not simple.

What is most important right now is that we recognize we are in a lifeboat that will not reach land. We need to focus on implementing a meaningful solution to the problem. A clock is ticking and Washington needs to acknowledge that a witching hour is approaching.

This post originally appeared as part of the Restoring Capitalism series at the New Deal 2.0 blog, a project of the Roosevelt Institute.

 
 
 

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As we start the New Year, the executive branch and Congress continue to pretend the gravest risk to our economy and social stability does not exist: the ongoing foreclosure crisis. The financial crisi...
As we start the New Year, the executive branch and Congress continue to pretend the gravest risk to our economy and social stability does not exist: the ongoing foreclosure crisis. The financial crisi...
 
 
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HUFFPOST SUPER USER
lagunasuz
04:55 PM on 01/12/2012
Wells Fargo also has sold millions of homeowners' loans to investors. As a result, their loans are no longer Fannie Mae or Freddie Mac and the homeowner does not qualify for any of the loan modifications that are out there to help them. On top of that, these investors will not approve any Federal Program that helps homeowners. First I tried a program that helps people who are on unemployment, it cost the investor nothing, I was declined, PRA UMP declined, they will not approve ANY loan modification approved by the Federal government. They want to foreclose on me. You cannot talk to the investors, Wells Fargo services the loan, I was not informed that my loan was sold, these investors hide behind the servicing agents of Wells Fargo, knocking people out of their homes one by one without a care in the world, who are these investors??????? Let's see their greedy faces! Do their families know what they do? They should be ashamed. I didn't cause the housing crisis but I might lose my house because of it. Does Wells Fargo care? No, not at all, it is just another business day.
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02:47 PM on 01/12/2012
Simple process of 'cram down' would fix the entire mortgage crisis in 12 months. The bankruptcy courts are prepared to handle it. But the banks and their lobbyists make sure the bills get killed.

http://www.dailyfinance.com/2011/04/06/cram-down-mortgage-modifications-judges-banks-underwater-bankruptcy/
HUFFPOST SUPER USER
calm truth
02:59 PM on 01/10/2012
Shocking indeed is the lack of attention by the WH and Congress. However, what this clueless bunch of Einsteins did manage to do, however, is to raise the fees Fannie and Freddie Mac charge lenders to originate mortgages in order to "pay for" the tempory payroll deduction. I am a mortgage broker and Wells Fargo has already informed me that interest rates will go up approximately .25% starting next month as a result. So anybody getting a purchase or refinance loan beginning next month will pay an extra .25% in interest rate for the 30 year life of the loan (or thousands of dollars) to "pay for" a 12 month 2% reduction in payroll taxes. Talk about a counter cyclical kick to an industry while it is down. In there infinite wisdom Washington they decided this was more desirable that a 3% marginal income tax rate increase for people making over $1 million a year. Just our dear leaders in DC looking after the common man.
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Jen Celli
Done sitting and watching quietly.
11:55 AM on 01/10/2012
The pontificate about the ongoing housing crisis without once addressing the other securities that are fraught with danger and continuing to accelerate the Black Hole of the banking world: unsecured personal debt default, commercial debt default and student loan default.

There is a huge level of debt out there going unpaid. Those are not on the balance sheets and often you hear a blip here and there on the radar screen about the level of debt going uncollected; but you never really hear about the impact on the banks and their debt securities. These are huge and should be equally troubling. These may be insured, but they aren't all government backed and therefore when these banks fail, and fail they must - their assets will never cover their liabilities - they will again come to the government and request taxpayer funded bailouts to remain "solvent" enough to keep their jobs.

This is trouble. This is deceptive and unless it rears its ugly head before November, will surely be an issue in Q1 2013. Somehow this drag on the economy and the impact on the middle-class continues to evade scrutiny. I'm waiting for anyone to discuss just how they intend to deal with this IED that banks are waiting to implode.
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09:06 AM on 01/10/2012
Good article, Bruce.

At the very core of it, I think, is: "securities fraud." But it is securities fraud that is daily propped-up by millions of dollars a day(!) in Bribery. It is also securities fraud that props up a massive system of national and international finance that allows the Government to "borrow from nowhere" the trillions of dollars that it takes to wage a half-dozen undeclared and unending Wars throughout the world.

"Ike" Eisenhower's prescient warning has come true.

In our bizarre excuse for a financial system, "debt is wealth." The Dollars that a bank, say, purports to own are in fact the Dollars that it has a piece of paper that says it has the right to receive; in other words, a (sic...) "security," short for "perfected security interest." This is the linchpin of our modern-day Rumpelstiltskin, and every single one of the people who are suckling at its boundless "receptacle" will do anything in their power to defend it. Even though it is indefensible.

The reality is that these people think nothing of throwing hundreds of millions of people (literally...) out into the street in Winter in order to preserve what their precious balance-sheets tell them, even as that picture rushes headlong into the absurd.
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Jen Celli
Done sitting and watching quietly.
11:42 AM on 01/10/2012
Well done as usual. Always fanned for intelligent and spot on analysis.
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HUFFPOST SUPER USER
Ban KKiller
Banks are criminal.
08:00 AM on 01/10/2012
OK. Good article. Everyone agrees that keeping homeowners in the home is best for all. People fight foreclosure everyday and win. The banks FEAR the educated. Where is the original mortgage note? Who possesses the original mortgage note? Who is the beneficial owner? Who is the holder in due course? Was your mortgage note securitized? Try calling your "servicer" or "pretender" lender and asking these questions. You will be lied to and misled. Get an attorney and fight the banks. Look at actual court cases where homeowners have beat the banks. Get an attorney and fight. If you don't fight you can't win.
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HUFFPOST SUPER USER
l78lancer
Wisdom is the principal thing
02:51 AM on 01/10/2012
"Absent any policies to help bridge this gap, the adjustment process will take longer...pushing house prices lower and thereby prolonging the downward pressure on the wealth of current homeowners and the resultant drag on the economy at large.""
------------------------------------------------------->

The sad thing is that the memo was sent to congress as a warning, is not new information, but restates something of which they're already aware. One of the things the administration proposed was assistance to homeowners to relieve the pressure of mortgates and to restructure debt. The product wasn't even a shell of what was proposed. The congress and the administration caved to political pressure from the right to not reward and rescue individuals who were portrayed as irresponsible for their own financial situations. (One of the cellular components that produced the Tea Party zygote.)

The reality is that congress is painfully aware of what is needed. They have neither the political courage nor the vested personal interests to do it. They hide behind the cover of their ideology and politics. Until the administration has the courage to stand firm, and both sides of the isle have the courage to resist parochial, regressive Tea Party politcs, the essential responsible policies required for addressing the problem will be a long time coming and the US economy will continue to wither on the vine.

Their inaction is worse that denial. It's wilful cowardice.
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HUFFPOST SUPER USER
l78lancer
Wisdom is the principal thing
03:17 AM on 01/10/2012
...willful...
12:36 AM on 01/10/2012
The housing crisis is a big part of America's economic problems BUT there is much more to it.

Derivatives.....
credit default swaps.....
collateralized debt obligations.....
tranches.....
under-capitalized banks.....
outrageous bank activity including outright fraud and misrepresentation going unpunished.....

.............in short, deregulated banks where almost anything goes and few are prosecuted......
are the causes along with the housing crisis for our economic problems.

And don't forget to add in the huge problems in the eurozone.

------------------------------------------------
Strict re-regulation of our banks and Wall Street, getting rid of all the exotic and extremely risky investment schemes, prosecutions of the guilty, AND severe punishments will be the best way to save our economic system.

Anything else just won't do it.

****It worked after the Great Depression and for many years afterwards until they started loosening regulations in the 1980's.
The savings and loan debacle due to deregulation was a wake up call that went unheeded.
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4eva
.-.. --- ...- . --..-- / -. --- - / .... .- - .
07:37 PM on 01/09/2012
Government to sell foreclosures in bulk [to politically connected big investment groups]
http://www.cnbc.com/id/45925851/comid/2
SaveRMiddle
An ExConsumer by choice
02:20 PM on 01/10/2012
It's sickening to think these were American Dreams and the occupants are probably now struggling renters...or worse.
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AvgJoeBlow
We are smarter than any of us.
06:33 PM on 01/10/2012
Did you all really think those properties were going to go anywhere else?
06:18 PM on 01/09/2012
I had the unfortunate task of trying to take on the behemoth AIG and their underling servicers putting together a legal case from State Law in NC and Federal laws allegedly violated regarding my mortgage. I was sent someone else's full mortgage disclosure from the bank.I wrote the Federal Reserve Board of New York only to discover that the original mortgage holder of the note was a world bank who's owner sits on the board of directors of the Federal Reserve. I wrote the securities exchange commission when I discovered my loan was repeatedly sold at "old" appraised values to protect investors and total disregard for homeowners. It was tantamount as to why banks refused to participate in programs to help homeowners save their homes when in fact their investors would lose money from overinflated profit making appraisals effecting default rates that were later on insured, and bundled and sold again and again until the true worth was discovered and resulting disolvement of bond insurers bought out by AIG. I wrote the FBI mortgage fraud division with 600 pages of evidence and was quickly referred to the NC attorney General's office under Usuary law violations. The Attorney General's office of NC informed me that my bank was a world bank and therefore federally exempt from predatory lending laws in the state of North Carolina.
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HUFFPOST SUPER USER
Ban KKiller
Banks are criminal.
08:05 AM on 01/10/2012
If everyone knew what you have gone through they might start believing the truth. We need more people, especially those NOT in foreclosure, to challenge the banks as to the "beneficial owner or holder in due course" and learn what is really going on. Only when more people than not understand the length and breadth of these crimes will we get some solid results. FHFA suing 17 banks was a good start.
10:29 AM on 01/10/2012
The matter is so complex and costly to each state if it was to risk repurcussions from the wrongdoings of some banks direct involvement in creating the crisis which continues to evidence profitting by creating false equity in real estate for years. Mortgage backed securities, turning into toxic assets, appraisers treatened with blackmail for their own livlihoods by banks unless coming in at values to close a loan went on for years. Now each state is compromising by fining the banks rather than bringing such costly legal processes of bringing those to justic in this economic turmiol. Each state requires federal funding channelled in some ways through the same banks ., i.,e division of highways , or continued loans to keep state services from going bankrupt as a monopolization to almost despotic control to escape justice and allows states to survive being forced to look the other way to keep vital services in place. It is like each state selling out for survival to the one's that profitted from their crimes. Now sitting on real estate capital until it can once more figure out a plan to profit once again by manipulating values for profit.
07:48 AM on 02/07/2012
In North Carolina, some lenders get away with murder, remember Charlotte, NC is second only to New York in Banking institutions. North Carolina claims to have predatory lending laws, but good luck going after any predatory lenders. The Democratic machine was corrupt enough in North Carolina, but now that Republicans have taken over the Legislative Body, look out for more corruption on a scale never to be imagined. I really hope our country can right itself after thirty something years of supply-side Reagan right-wing economics and radicals who hide under the Republican and Democratic banners, but I wonder if our country is not going to suffer violence in order to drive these entrenched crooks from power from the local to the federal governmental offices. Our once great American institutions that served our free enterprise system are now so corrupt and have damaged so much of the country's psyche and the peoples' confidence in our political system until it appears it will take years before all the damage done by this radical right wing agenda and money buying government can be reversed.
05:10 PM on 01/09/2012
However, they will require a determined effort. There are solutions, but they are not simple.
-----------------------------------------------
Mr Judson, I guess solutions are not simple because they have to be fair, and fairness to all makes things complex, all the more so when at the heart of the matter is the re-allocation of public resources.

But it is very difficult to promote proposals which attack complexity with complexity.
Perhaps these proposals would get more attention if they were much, much simpler. And that probably means less fair. Breaking out of a crisis incurs a cost not only in money, but in fairness and even integrity. It's the price of breaking free.