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Katherine V.W. Stone

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Banks, Babies and Biases

Posted: 07/29/10 05:24 PM ET

Twenty years ago, banks had a reputation for being very conservative. Then came the high flying world of casino banking, with its high roller, risk-embracing culture. Beneath it all, though, the core of the banking industry mentality is deeply conservative -- not the good kind of conservative that makes sure that loans are collateralized and deposits are protected. Rather, it is a conservative mentality produced by an out-of-date understanding of the world in which the loans -- particulary mortgage loans -- operate. And that misunderstanding will continue to spell trouble for all of us.

Here is one telling case in point. In their new efforts to be cautious, banks and other mortgage-lenders are reportedly refusing to give loans to pregnant women. (Tara Siegal Bernard, Need a Mortgage? Don't Get Pregnant, New York Times, July 20, 2010) The refusals are based on the lenders' fear that pregnant women may decide not to return to work, or may not have a job to return to, after childbirth. What this policy reveals is not that the banks are sexist or family-hostile -- which they are -- but that they are about seriously of touch with the reality of the labor market. When was the last time any applicant for a thirty year mortgage had the same job, and income, for thirty years? Fixed-rate, self-amortizing mortgages were designed for a workplace in which workers stayed with their employers for their entire careers. These types of mortgages arose in the 1930 and 1940s, a time when employers wanted workers to stay with them a long time so they could develop loyalty, learn in-house skills and progress gradually up an orderly job ladder until retirement.

Long-term mortgages assume that borrowers have reliable and long-term employment relationships. For much of the 20th century, this was true, much of the time. America's great post-war middle class was comprised of blue-collar workers who enjoyed long-term, stable jobs and predictable promotion paths that extended from hiring to retiring. Auto companies, insurance companies, the steel industry, and other industries dominated by large firms offered their workers de facto job security, orderly promotion opportunities, a rising wage trajectory, dependable benefits and a reliable pension upon retirement. Such jobs were by no means universal -- they eluded most African Americans, women, and rural Americans -- but they formed the template upon which 20th-century social policy was built.

Over the past two decades, the reality of long-term stable employment has vanished for all but a lucky few. Employers have created new types of employment arrangements that do not rely on a stable and loyal workforce, but which provide them flexibility instead. Sometimes this means using temporary workers or independent contractors to perform tasks previously performed by regular employees. But more frequently it means altering employees expectations and repudiating the culture of permanency that employers used to foster. Employers want to be able to bring in new employees with new skills at any level, eliminate those with obsolete skills, and reassign incumbent employees across departmental and functional lines. These changes are not all nefarious -- they have unleashed creativity and enabled many to escape the deadening drone of dull, repetitive work. However, the change in the nature of employment has undermined many crucial elements of our social safety net, including our housing policy.

The problem now is that few people have the kind of long-term job security that our housing policies take for granted. According to the Bureau of Labor Statistics, the median length of time a worker spends with a particular employer has decreased in every age group since 1980, except for women ages 35-44, who saw a slight increase. Today, more and more people have an episodic experience in the labor market, moving from employer to employer, with periods of employment often followed by periods of unemployment and transition. When unemployment strikes, mortgage payments that once had been manageable become impossible.

So banks that refuse loans to pregnant women for fear that childbirth will disrupt the employment relationship are worrying about the wrong problem. Almost no one has safe, reliable employment these days. All workers are at risk of termination and seeing their jobs outsourced to temporary workers, independent contractors, or simply to new blood. The answer is not to single out one group whose employment relationship is precarious -- nearly everyone's is. Instead, banks and other lending institutions need to rethink their lending practices to meet the new reality of people's work life cycles. For example, they should redesign mortgages to have flexible resets that permit mortgage holidays or interest rate dips during spells of unemployment. Some commercial loans currently have this feature for businesses that are in temporary difficulties. Because the nature of employment has changed profoundly, it is time to revisit the structure of housing finance.

Katherine V.W. Stone is the Arjay and Frances Miller Professor of Law at UCLA School of Law. She specializes in labor and employment law, and her book, From Widgets to Digits: Employment Regulation for the Changing Workplace was awarded the Michael Harrington Award for linking scholarship to current issues of social policy.

 
Twenty years ago, banks had a reputation for being very conservative. Then came the high flying world of casino banking, with its high roller, risk-embracing culture. Beneath it all, though, the cor...
Twenty years ago, banks had a reputation for being very conservative. Then came the high flying world of casino banking, with its high roller, risk-embracing culture. Beneath it all, though, the cor...
 
 
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marijam
Independent
08:40 PM on 07/31/2010
Corporations have gone to a project mentality. Everything is a project and can have the time value of money calculated and return on investment calculated for the project. Since everything is just a project, then employees only need to be hired for the duration of the project. When the project is finished, then you let them go. Next project, new round of hiring. No need to hire the last people that you hired, hire new ones. They'll be hungrier and work harder because they're new and need the work and haven't become overly "familiar" to staff. Almost all IT departments are ran this way now, if they haven't just outsourced and off-shored everything.
04:35 PM on 07/30/2010
Is it the banks that need to rethink policy? We have witnessed 30 years of stagnation and decline in middle and working class capability. The new, flexible paradigm has put a squeeze on the mainstay of our economy the popping of the last bubble may make it impossible to any longer ignore. I've always thought that the underlying purpose of conservativism was to maintain the status quo, not break it. I'm not convinced that this new brand of conservatism with its emphasis on maximizing profits is conservative at all. The old system is definitely broken.
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njstarrr
More matters than just you
04:59 PM on 07/30/2010
Sarbanes-Oxley Act of 2002, intended to fix accounting irregularities, didn't work. The Glass-Steagal Act of 1933 was repealed 11.12.99 and signed by Bill Clinton, helped to open the floodgates to the biggest financial crimes ever unleashed on the American people.

Some of the old system did in fact work, it worked to protect the American people which caused great angst among the ranks of banksters.
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njstarrr
More matters than just you
04:25 PM on 07/30/2010
The banksters continue to set standards they themselves can't meet. Many of them, after teetering on the brink of bankruptcy, needed TARP funding for a bailout. What did the re-capitalized bailout do to their credit rating? The average person who finds himself on the brink of bankruptcy requires years and a yeoman's effort to regain any measure of credit worthiness.

The way the Treasury Dept, crediti rating agencies, bankers and brokers, ALL bamboozled the American people is nothing short of CRIMINAL. Having a background in finance and seeing my industry behave so abhorrently, leaves me ashamed.

Goldman Sachs, who was once considered the "gold" standard, has disgraced the investment business beyond repair.

The now defunct accounting firm, Arthur Andersen LLP, once, considered the cream of the crop and shinning example for the profession, jumped in bed with Enron and others and destroyed much of the profession's credibility.

PwC, (PricewaterhouseCoopers) the current leading accounting and consulting firm, compromised professional standards by providing healthcare lobbyist with tainted statistical data to bolster false claims regarding pending heathcare legislation.

Wachovia Bank, is now admittedly in the drug-money-laundering business.

Moody's Investors Service has proven itself incapable of prognasticating fraud on a massive scale. Repeatedly issuing AAA ratinged trash and utter junk, just to line their own pockets.

The affronts to my industry are too numerous to ever regain the industry's remaining honest working professionals, any sense of pride or honor .

I say, a pox on ALL of their houses!
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njstarrr
More matters than just you
04:38 PM on 07/30/2010
Please forgive my typos. I was angry very while writing this message.
04:00 PM on 07/30/2010
What a bunch of hogwash.

So I link to the article that is used to build this whole argument (http://www.nytimes.com/2010/07/20/your-money/mortgages/20mortgage.html?_r=1) and read it. Guess who the drivers are of all these changes? Freddie and Fannie, our government owned and run lenders of mortgages. Not “Bankers”, not “Conservatives”, not anyone she points a finger at. No, it is the Congress of the United States that appoints the board of those entities, pays the deficits of those entities and writes the rules for those entities.

But I guess it makes sense, the article is written by two lawyers, and since the majority of our “beloved” Congress people and Senators are lawyers, we can’t point the finger there.
12:21 PM on 07/30/2010
"What this policy reveals is not that the banks are sexist or family-hostile -- which they are --"

Oh please....get a grip.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
10:22 AM on 07/30/2010
It is not possible to make housing more affordable; anything you do just raises house prices.
House prices automatically rise to max affordability, "what the market will bear".

Low mortgage rates, longer terms, tax deduction for the interest:
all of them increase the mortgage you can afford, and housing prices rise accordingly

In this case, the banks current reluctance to write loans keeps housing prices down.
Make them write riskier loans, housing prices will rise - but that's what lead to the meltdown!

I got my first mortgage in 1978. Mortgages were MUCH harder to get back then, you needed at least 10% down, mortgage payments no more than 30% of income. Even with the current restrictions, mortgages are still easier to get now.

Easy credit already drove housing prices sky high, and they are still unaffordable.
That's why folks can't qualify for mortgages: they can't afford the house they want.
There is no solution other than for housing prices to fall to affordability.
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SilverWolfSigil
Social realist
10:57 AM on 07/30/2010
This isn't a post about making mortgage loans easier to obtain but rather more flexible. The stringent mortgage rules set up in the past worked then but are a straight jacket today preventing people from getting comfortable in their mortgages. Rules shouldn't be relaxed but changed to allow the mortgage to morph into something both parties can live with when a borrower's situation invariably changes.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
11:20 AM on 07/30/2010
"Easier to obtain" and "flexible" are the same thing, just different circumstances. The recommended flexible mortgages are easier to obtain for the people that qualify.

If a lot of people qualify because of this, more mortgages will get written, house sales will increase, prices will rise.

If not a lot of people qualify, then the whole program doesn't help much and is kind of meaningless.

I'll restate: you can't make mortgage loans more flexible without increasing house prices. Loans became more "flexible" when they went from 25 year to 30 or even 40 year mortgages. That reduced the monthly payment for the same mortgage, which allowed people to afford pay more, so they did and prices rose.

It's an illusion. Any help you give homebuyers helps them afford more, prices will always rise to match that. Give everybody a $50,000 tax credit to buy their first home? House prices will immediately rise by $50,000.
04:54 PM on 07/30/2010
Absolutely. Raising home prices benefits local government by increasing property tax receipts, real estate brokers, banks and developers....the only people it hurts are those that want a house. But this is a difficult thing for most people to grasp. It is as though the government decides to give everyone a $1 for every shoe purchase....the price of shoes will go up a $1...since they are $1 more affordable.

Good to have you here. Fanned
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WFWS
Proud Liberal
10:18 AM on 07/30/2010
Maybe they SHOULD redesign mortgages to fit the realities of the workforce, but they won't. What they'll do is just what they have done with the credit market. They'll find ways to penalize mortgage holders for delinquency, making more money on fees and charges, interest rate hikes, etc than they ever did on the straight 30 year note.
Its sad, but we will see a lot less home ownership as incomes drop and the middle class disappears. The result will be a further stratification of income classes. Home ownership was a way for wage earners to participate in equity gain- to earn money from appreciation instead of sweat. With that weakened, it will be harder for successive generations to accumulate a down payment or pay fixed payments or even worse the new variable rate payments.
It was a big part of the American dream, and there's still hope, but that hope diminishes as we fall into a downward spiral of lower wages, less extra-wage income, less job stability, and so on.
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satanlite
If ur neibor wtchs Fox Nws wtch ur neibor
04:02 PM on 07/30/2010
The criminal Republican party (the "right") does not want anyone but the wealthy and corporations to own homes and housing. More profit can be made by renting homes and apartments. Eventually, when the Republican Utopia is a reality, corporations will own us and we will be living in corporate housing developments. This is the future of this country, brought to us by conservatives.
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WFWS
Proud Liberal
04:42 PM on 07/30/2010
I think Republicans are part mean, and part stupid. I honestly don't think they figured out that they could earn money from fees until they stumbled upon it as incomes went down. "Hey" they said" there's money in poverty". Similarly, I don't think that they yet know that they can make money on rentals, or they'd be much better at foreclosing on homes and would figure out a way to rent those homes back to the suckers.
The reason I think its as much stupid as mean is because they can't see that their policies are killing their customers. They are causing capitalism to devour itself, one mortgage at a time.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
10:14 AM on 07/30/2010
The biggest change in employment is that now more women work.
The workforce is now 50% female, compared to 31% in 1953.
In the "old days", houses were usually financed from only the man's income.

http://www.dol.gov/oasam/programs/history/herman/reports/futurework/report/chapter3/chart3-1_text.htmhttp://www.bls.gov/news.release/empsit.nr0.htm
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blueken
Finger Picking blues man
10:14 AM on 07/30/2010
I beg to differ, for one reason, the bank is most likely going to sell the mortgage to someone else. It will get bundled up with a bunch of other mortgages and sold again. Actually this article is out of date. Few banks now hold mortgages, they sell them. They only care about what you look like today on paper. Your future is someone elses problem. If rental is the housing of the future, what becomes of all the houses that are already built? Tear downs? It also denies the working guy one of his best investments. I still believe that conservative house buying is a good idea. Don't over extend and don't second mortgage and what would have been rent turns into equity.
08:56 AM on 07/30/2010
Good point.

Good reason to rent.

I suspect that several tens of millions of Americans have recently figured that out...
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truthfinderddw
06:09 AM on 07/30/2010
Point well taken! Traditional Mortgages of the past will increasingly be only for the rich. Renting, will most likely be the only Housing substitute for most American's. I do not think banks will ever consider risking their Traditional Mortgage System, for one that is flexiable, and reflects our Labor Market. They are to Corporate-centric, albeit, their Gambling in the past. The American Public will have to demand a better system, because Congress is too reliant on their relationship with Coporate America to make Changes. Big Banks should be made to get out of the Mortgage Industry, and let small Community banks or Credit Unions underwrite these type of loans!
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peterg76
Freelance medical transcriptionist
04:59 AM on 07/30/2010
Not to mention that one category of people most likely to purchase new homes are people adding to their family.
12:00 AM on 07/30/2010
Good luck with this idea. When it gets to Washington it will be sentenced to death by lethal injection by a lobbyist. The fact is banks are now structured so that it pays to foreclose on every house they have loans on as they are insured against their losses with credit default swaps from AIG. This is Geithners big plan. Rebuild the exotic derivative investment model by giving big banks free money from taxpayers along with implied insurance covering the losses they might have in the next crash.

Sorry folks, I will work for whoever is running to replace Obama simply to get rid of Geithner (and Summers). I truly hope their is a democratic presidential primary so these issues can be fully vetted.
11:58 PM on 07/29/2010
...this article is another example of how solve problems the wrong way.

Why not reverse the conditions that destroyed long-term employment in the first place?

Like NAFTA/GAT and 'globalization'.

Trying to put band-aids on an amputation, by insisting on loans to precarious borrowers, makes absolutely no sense.

The fact that banks can't find suitable borrowers, indicates just how bankrupt the banks are, since they rely on borrowers and it shows the need for the entire Federal Reserve System be re-organized in Federal bankruptcy RECEIVERSHIP, so the economy can start over.

Any other suggestions, is just fluff talk and will only make matters worse.

WE HAVE NO ECONOMY - IT'S BEEN DESTROYED BY WALL STREET BAIL OUTS!!!
09:07 AM on 07/30/2010
"The fact that banks can't find suitable borrowers, indicates just how bankrupt the banks are,..."

I would disagree with that. I think it shows just how bankrupt the individual borrowers are, and the banks have no appetite for leveraged borrowers.
04:58 PM on 07/29/2010
In line with this thinking, one should be able to "pay-in" additional principle to a rainy day account. In lieu of immediately applying it to the outstanding balance, it could be held in a separate account earning the exact interest it would have reduced had it been applied to the principle. This way people would have an avenue to prepare for work transitions or lay-offs and avoid a financial crisis.
However, if you don't fund the "pay-in" and you lose your job and can't make your payments, well I think the obvious is known.
HUFFPOST SUPER USER
myth buster
10:58 PM on 07/29/2010
Too complicated. The simpler solution is to say that the bank can't consider the loan past-due unless the balance exceeds what it's supposed to be according to the amortization schedule.
10:59 AM on 07/30/2010
Same principle, possibly easier.