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Segregation: The Invisible Elephant in the Foreclosure Debate

Posted: 11/01/10 07:09 PM ET

The foreclosure mess just will not go away. Neither will incomplete if not misleading explanations for the crisis, or partial if not ineffective policy proposals. More than 10 million families will lose their homes to foreclosure before the housing market "clears" according to Credit Suisse. Meanwhile, as with the subprime and predatory lending bubbles that led directly to the present crisis, fingers are pointed in several directions as all parties to the debate try to shift blame to their favorite individual and institutional targets. Lost in this discussion is how continuing racial segregation has fueled these developments.

The guilty parties in the foreclosure crisis are many: greedy homeowners, unscrupulous investors, lax underwriters, asleep-at-the-wheel regulators, sloppy mortgage servicers, and more. No doubt all share in the blame. But all these actors played their roles in a context of ongoing racial segregation that greatly facilitated the fraud, deceit, and exploitation that occurred at each stage of the lending process. Research by a variety of organizations ranging from the Federal Reserve to the Center for Community Change reveals that subprime loans were concentrated in, and specifically targeted to, low-income, minority neighborhoods. As a result, foreclosures have fallen heaviest on the most disadvantaged segments of society.

To illustrate, when subprime lending peaked in 2006, just 18% of white borrowers received subprime loans compared to 54% of African Americans. An unfortunate irony, as the Wall Street Journal reported in 2007, is that over 60% of subprime borrowers had credit scores that qualified them for prime loans, underscoring the discriminatory nature of the marketing. Moreover, as reported by the Mortgage Bankers Association, subprime loans are approximately three times more likely to enter into default than conventional loans. As a result, between 2007 and 2009 approximately 8% of homes owned by black or Hispanic families went into foreclosure compared to 4.5% for whites. According a study by the Center for Responsible Lending, these disparities persisted even after taking household incomes into account.

Discriminatory lending patterns do not happen by chance. As the National Community Reinvestment Coalition has reported, in recent years racial minorities and minority communities were deliberately targeted by predatory lenders for subprime lending. The more segregated a metropolitan area is, of course, the easier it is to find exploitable clients. Segregation creates natural pockets of financially unsophisticated, historically underserved, poor minority homeowners who are ripe for exploitation.

It is no surprise to learn, therefore, that a recent study published in the American Sociological Review found that the level of black-white segregation was the single strongest predictor of the number and rate of foreclosures across U.S. metropolitan areas -- more powerful than the overall level of subprime lending, the degree of overbuilding, the extent of home price inflation, the relative creditworthiness of borrowers, the degree of coverage under the Community Reinvestment Act, or the extent of local government regulation.

More than forty years after the passage of the Fair Housing Act, two thirds of all black urbanites continue to live under conditions of high segregation and nearly half live in metropolitan areas where the degree of racial isolation is so intense it conforms to the criteria for hypersegregation. If we had somehow been able to eliminate segregation between blacks and whites in the years since 1968, the average metropolitan area would have experienced a foreclosure rate 80% lower than that actually observed during 2006-2008. Segregation is the reason for the unusual severity of the foreclosure crisis in the United States.

Given the powerful role played by racial segregation causing the current crisis, policy proposals to enact a national moratorium on foreclosures, modify the terms of outstanding loans, make bankruptcy restructuring easier, or undertake other financial reforms largely miss the point. Although such steps might provide short-term relief for some homeowners, speculative housing bubbles will likely recur along racially unequal lines as long as hypersegregation persists as a basic feature of metropolitan America. It is long past time to address the nation's segregated living patterns directly, and several policy initiatives to do so are now on the table.

The Housing Fairness Act (HR 476) would substantially increase the funding of fair housing organizations for nationwide paired testing (where matched pairs of white and non-white auditors approach housing providers to determine if they are treated equally). Such testing would yield much stronger enforcement of fair housing laws.

The Community Reinvestment Modernization Act (HR 1749) would extend the Community Reinvestment Act (a federal ban on redlining) to virtually all mortgage lenders and explicitly require them to be responsive to the credit needs of minority communities. Currently the CRA only applies to depository institutions (which today originate less than half of all mortgage loans). Moreover, the law currently focuses on service to low-income communities without a specific racial or ethnic mandate. Extending the CRA to all mortgage lending would help curb the predatory lending that drove much of the current crisis.

Finally, the U.S. Department of Housing and Urban Development has announced plans to issue a regulation to "affirmatively further fair housing" clarifying the statutory obligation that all recipients of federal housing and community development funds have to use those dollars in a manner that identifies and eliminates discriminatory barriers to equal housing opportunity. The agency should do so sooner rather than later.

Changing the behavior of financial institutions, regulators, and consumers is an important policy objective. Unless the segregated context in which they operate is also altered, however, speculative financial bubbles will persist and their uneven effects will continue to fall on vulnerable communities of color who have long paid the high costs of hypersegregation in the United States, America's own brand of Apartheid.

Douglas S. Massey is the Henry G. Bryant Professor of Sociology and Public Affairs at Princeton University. Gregory D. Squires is Professor of Sociology and Public Policy and Public Administration at George Washington University.

 
 
 
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02:19 PM on 11/07/2010
Well I agree with both of you and I just filed a reverse redlining and predatory lending complaint with Secretary Donovan at HUD and its regional office in Seattle. In other words, a civil rights complaint. There has been nothing but being jerked around and to top it off, HUD is trying to process complaints over the phone and NOT assign a control number to the case . the ultimate joke is that the law and procedure says there has to be a one year statute of limitations for filing a complaint.
When did discrmination only take place on one day. it is a long term pattern of behavior. to show how much these complaints are being suppressed is that my research on huds own website shows only 34 such cases ever went to court on behalf of the borrower homeowner sold a discriminatory loan.
if there was ever a cover up going on of overwhelmeing proportions it is this mortgage redlining reverse redlining coverup.

I did find out the Federal Reserve Bank of New York owns my mortgages and on the FRB website they claim they are the lead agency for preventing reverse redlining as well as the OCC.

Both of these agencies seem to be allegedly responsible for all this discriminatory lending practice by the big banks.

when is the STANDARD OF ETHICAL BEHAVIOR by regulatory agencies for bank and the banks themselves going to rise out of the sewer where their ethics are now.
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HUFFPOST SUPER USER
SallieParker
Microbiologist. Macromonologist.
11:53 AM on 11/07/2010
8% vs 4.5% is not significant.
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HUFFPOST SUPER USER
Alessandro Machi
Debt Neutrality Petition
03:56 PM on 11/05/2010
I have to respectfully disagree with the racism accusation. At the time the sub prime home loans were given out, housing prices were still rising. It is likely that many people were lured in by being told the following, "If you can't afford the balloon increase five years from now, your home should increase in value by a substantial amount, you get a yearly home interest rate tax deduction, and, you get to live in a house."

"Five years from now, you can always sell your home, pocket the profit, and put it into savings and go back to an apartment if you like."

That scenario is not a racist scenario, it puts people into homes who could not afford them and gives them a chance to make a profit before selling the home.

The problem however, was that this was a bubble that had to burst, but probably not that many people knew since even loan appraisers were hit by the down turn and have had to suffer the indignity of a tumbling credit score that could cost them their license.

Ironically, George Bush Jr. probably would have been called a racist if he had persisted in toughening up the home buying rules because even less low income earners could have afforded homes.

I do think that ALL mortgage interest rates should be reracked to 4.00 % flat rate, NO QUESTIONS ASKED. This would eliminate the predatory loans that are still out there causing people grief.
01:32 PM on 11/03/2010
congrats guys! you cracked the code. you mean people with lower incomes(reduced ability to pay), lower down pmt(high loan-to-value ratio), poor credit history(have had paying bills timely) are not able to make their mortgage pmts? this is not a black/white/racism thing, it's a knowing the facts and disregarding the probable outcome thing. Investors(the guys who set up the lending rules) convinced themselves that they could reduce default risk by "re-packaging" these loans. Not possible. Unfortunatley, not everyone can afford a home. Sad but true
12:12 PM on 11/03/2010
Folks, isn't it obvious that we are still fighting the Civil War?
07:44 AM on 11/03/2010
What I have not heard in this discussion is "personal responsibility." Some homeowners of the subprime mess took the money from a re-fi and spent it on trips, clothes, cars, etc., and then walked away blaming someone else. In addition, it is no coincidence that pressure, political and economic, were put on banks to lend heavily in certain areas to people based on the color their skin. This goes back to Barney Frank and Fannie Mae and Freddie Mac/Although Raines made millions in this bankrupt club (and he is AA so no discrimination there), only the taxpayers lost. Kai-HK is right: "This seemed to be the intent of these laws." People bought way over their head and did not read Paul Krugman's column enough to understand what was happening to them. Many were tempted (like us) but knew that things can go wrong and jobs can be lost and situations can change. It's called real life. While the Gov't pushed to give money away, the taxpayers paid the ultimate price. We can thank the Republicans for bailing out the banks instead of the taxpayers. How typical!
07:35 PM on 11/03/2010
Democrats held the majority, when TARP was written. Of the 12 TARP and Freddie/Fannie recipients who got $10 billion or more, 9 are listed on opensecrets.org. Their contributions average 67% Democrat. Total D contribution: $11,525,340. All 9 have the same top recipient: Barrack Obama. Total Obama contribution: $3,671,593.
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
02:45 AM on 11/03/2010
Although I am no fan of racism or discrimination, I more worried about government’s overstepping their power to require businesses to invest in or lend money to people based on the color of their skin. This seems to be the intent of these laws and initiatives.

Secondly, as you noted, predatory lenders were responsible for much of the subprime lending. They went to where the market/demand was. Now penalizing other businesses/banks/institutions and making them adhere to a new set of race-based lending guidelines doesn’t change the dynamics of the market you are forcing them to enter. All it does its add another level of race-based profiling, something I am sure you will agree is wrong.

BTW, don’t we have a new Consumer Protection Czar that is already onto all this stuff without having to create a bunch of new racial profiling measures that further systematizes use race as a decision-making criterion.

Kai
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Peter Combs
Amused by the illogical..no, NOT a Republican
06:30 PM on 11/02/2010
In your article you mentioned that
"To illustrate, when subprime lending peaked in 2006, just 18% of white borrowers received subprime loans compared to 54% of African Americans" what you failed to mention was whether or not the houshold incomes were the same for the 18% and 54% repectivley...in 2006 the Median houshold income within the white community was around $50,000 and in the black community it was $30,000. Which from a simple qualification standard you would expect to see a higher percentage in the black comminuty, as well as a higher default rate.

At $30,000 qualifying for a mortgage would nearly always have required a sub prime mortgage, regardless of the person's race. As for segregation, especially within the housing market, the least expensive houses tend to be in the neighborhoods with the lowest incomes. Its not a matter of race, its a matter of income.

These studies would mean much more if the entire statistical profile were presented.
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Hellooo
04:56 PM on 11/02/2010
It was the same old block busting tactic. Sell overpriced houses to Blacks and cause Whites to run. The prices bankrupt Blacks who don't have the necessary income. The Whites take that money and buy houses they can't afford without straining. Their jobs get outsourced because there is no union to keep wages up and no income to pay for anything. The only people who made money were Mortgage lenders and banks. Same old, Same old
04:44 PM on 11/02/2010
That's 60% of ALL the subprime borrowers and it says their credit score was high enough. Prime mortgages require a much more than 3% down. It doesn't say how many people had the down payment. It doesn't say how much they borrowed. It doesn't say if chose to take an ARM for the lower monthly payments. It really has no meaning. Maybe they did qualify for a prime mortgage on a $200,000 house. That doesn't mean they qualify for a prime mortgage on a $500,000 house.

This article doesn't compare apples to oranges. It compares individual bits of fruit salad. All the statistics that were published in support of this article are completely meaningless by themselves. You'd need to compare similar loans to people with similar incomes and similar down payments. Who applied for what, was approved for what, and the foreclosure rate that followed. Then you might show some discrepancy, but it still won't show cause.

Are people being foreclosed on because they lost their job, they found out they were upside down on the loan and walked away, the they can't afford the payments that they knew were going increase, or what? There are many reasons for foreclosure. None of them prove that the borrower was scammed, much less scammed because of skin color.
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HUFFPOST SUPER USER
bdbbrooklyn
05:44 PM on 11/02/2010
"In a culture that was free from even subtle forms of unconscious discrimination, resources would typically be distributed in ways that would be free from any appreciable racially disparate impact."

http://www.georgetownlawjournal.com/issues/pdf/98-4/Spann.PDF

That is clearly not the case here. The banks intent (i.e., to scam or not to scam) is irrelevant if, in the end, there is a disparate impact on a protected community.
06:05 PM on 11/02/2010
Let us all know when you find Utopia. Until then, I'll live the real world.
03:05 PM on 11/02/2010
So charming, this widespread tendency towards disbelieving that big banks might be unethical in their behavior, and the way they marketed their highly profitable products to low-income, often low-information borrowers. "It's their own fault they got hoodwinked!" the comfortable cry, neatly sidestepping the issue of how responsible or ethical it is to hoodwink people.
HUFFPOST SUPER USER
ringo3khan
02:02 PM on 11/02/2010
There's so much more to this that I honestly don't know where to begin. So.........I won't. I will acknowledge one thing however..........the foreclosure mess HAS resulted in hypersegregation; but "segregation" wasn't caused by the lending practices................the foreclosures were caused by the lending practices. To demonstrate: from the experience where I live, minorities were enabled and encouraged to buy low price homes built by/for HUD in the suburbs bounding older and newer subdivisions of much higher priced homes. The higher priced homes have been foreclosed upon and/or as more became vacant, more were sold at firesale prices as the minorities suddenly became the majority. So, once again, it's a combo platter; wealthy or overreaching upper income whites losing their over priced McMansions leaving behind foreclosures, soon followed by "white flight" from the older neighborhoods and, voila..............the minorities are all that's left, (and empty houses being snapped up by investors to rent to.........minorities).

And no amount of Federal regulation on lending is going to change this anytime soon because anyone I know of who can afford to buy a home isn't looking anywhere within 200 miles of a major metropolitan area.
HUFFPOST SUPER USER
Hellooo
05:03 PM on 11/02/2010
Whose money is used to build roads to get them home each night? Whose money is being used to provide utilities. Whose money is used to get firefighters and emergency squads to outlying areas. The money comes from the urban areas who get nothing.
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HUFFPOST SUPER USER
gavrielle
Empty... Empty... Empty...
05:47 PM on 11/02/2010
Oh, we get the suburban yuppies, who turn our cities into over-priced, kitschy, latte-happy, bistro-friendly, condo only, hell holes, where working stiffs can't afford to live, but are required to work. So naturally, they hike the prices on mass transit, pull the buses off the less well traveled lines (read low-income areas) and tear down the affordable housing, calling it an "eye sore" while replacing it with gated town homes and yet more condos. Give it twenty years when they've made the cities unlivable even for themselves and they'll be fleeing back to the burbs where they belong.
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HUFFPOST SUPER USER
fb0252
01:22 PM on 11/02/2010
i like OP but already have house in majority neighborhood. loan officer was minority. file chapter 13 to stop foreclosure. why lose home when can file chapter 13. fail to understand.
01:11 PM on 11/02/2010
So it is discrimination because minorities were offered loans which they did not have to accept?
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HUFFPOST COMMUNITY MODERATOR
Ourstorian
Free your mind and your ass will follow!
02:06 PM on 11/02/2010
No stoopid. Get a library card and learn to read.
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HUFFPOST SUPER USER
bdbbrooklyn
03:57 PM on 11/02/2010
No, it's discrimination to offer people subprime loans based on their skin color, when over 60% were qualified for prime loans.
04:47 PM on 11/02/2010
They had the down payment? And that's 60% of ALL subprime borrowers, not just minority borrowers.
12:59 PM on 11/02/2010
Is there ANY issue that is not tied to racism? When govt forces banks to lend money to unqualified buyers, it has nothing to do with race. It is simply stupid government. If you can't understand this, let me put it another way.....it's government, stupid.
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HUFFPOST COMMUNITY MODERATOR
Ourstorian
Free your mind and your ass will follow!
02:07 PM on 11/02/2010
As a capitalist you should celebrate racism ... it's what created your economic philosophy.
02:25 PM on 11/02/2010
...not really. If I am hiring a person to sell my product, and the best candidate is black, I'm hiring him/her over any white candidate. By doing this, my capitalistic goals can be achieved faster.

A true entrepreneur never puts race over results.
03:08 PM on 11/02/2010
The government didn't force anyone to do anything of the sort. The CRA was passed in order to prevent banks from refusing to lend to minority borrowers, period. Remember redlining? Did they cover that important piece of 20th century history in your classroom? Private banks took up subprime lending because they saw it as profitable. They were being good capitalists.