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Peter S. Goodman

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Ed DeMarco's Refusal on Principal Reductions Grounds for Firing

Posted: 03/12/2012 8:10 am

The single largest obstacle to meaningful economic recovery is a man who most Americans have probably never heard of, Edward J. DeMarco.

From his perch as acting director of the Federal Housing Finance Agency, DeMarco oversees Fannie Mae and Freddie Mac, the government-owned mortgage behemoths that collectively control about half of all home loans in the land. What he does shapes both the national housing market and the ability of troubled borrowers to hang on to their homes. What he has been doing lately has been so unhelpful that Democratic lawmakers and grassroots advocacy groups are properly demanding his ouster.

DeMarco steadfastly refuses to allow Fannie and Freddie to help distressed homeowners by writing off principal balances on their mortgages. This has ensured that tens of millions of borrowers remain "underwater," meaning they owe the banks more than their homes are worth -- a status that has an alarming tendency to portend foreclosure. His refusal is based on logic that is both elegantly simple and tragically flawed: He is responsible for cleaning up the books at Fannie and Freddie, so he is against spending money.

If DeMarco were fire chief and your house became engulfed in flames, you could forget about calling 911. By his reasoning, the taxpayer would be best served by keeping the fire engines in the station, lest they get damaged in the line of duty. It would not matter whether the flames licking your windows were the result of your recklessness or the product of an explosion at, say, the methamphetamine lab down the street. He would not run up the municipal water bill by saving your block.

Many housing experts have long argued that writing down balances for underwater homeowners is the key to limiting foreclosures. Even the Obama administration -- which previously fought against principal reduction -- has come to embrace this strategy. The $25 billion foreclosure settlement that the administration brokered last month with the nation's five largest banks includes provisions that will write down balances.

But if DeMarco keeps refusing to go along, the new program will be irrelevant. Only he has the power to make principal reduction happen broadly because only he has his hands on the levers at the institutions that control most of the mortgages.

"He is standing in the way," Rep. Jerrold Nadler, the New York Democrat, told me on Thursday. "He is single-handedly saying that he's opposed to any write-downs because all he cares about is the fiscal solvency of Fannie and Freddie -- a legitimate concern, but not the only concern. If he doesn't do what he ought to do, then he ought to be fired."

A day earlier, Nadler stood on Capitol Hill with a dozen other lawmakers and a coalition of activist groups, the New Bottom Line, to call for DeMarco's removal. The group delivered petitions to the Federal Housing Finance Agency headquarters bearing the signatures of 85,000 Americans demanding DeMarco's firing. They sent the petitions to President Barack Obama.

How does the president view these calls for DeMarco's removal? Let me know if you find out. The White House declined to talk.

Secretary of Housing and Urban Development Shaun Donovan has been vocal about his unhappiness with DeMarco. "Our goal is to get a good nominee and get someone in there who shares our view," he recently told Huffington Post editors and reporters.

Last year, the Obama administration tried to replace DeMarco by appointing Joseph Smith, the respected North Carolina banking commissioner. But the Senate refused to confirm him, leaving DeMarco in place.

Some reports suggest the White House cannot remove DeMarco because he is the head of an independent agency. But that's nonsense. He is merely the acting director and was never confirmed by the Senate. Under the 2008 law that created the Federal Housing Finance Agency, the White House could designate someone else inside the agency to take his place (though the other options bring similar ideological baggage). Better yet, the administration could circumvent the Senate with a recess appointment.

DeMarco, who refused interview requests, has made plain through public statements that his allegiances are steeped in a predisposition against helping distressed borrowers. He is all about the ledger books, in the narrowest sense.

"Congress has given us a responsibility as conservator to preserve and conserve the assets of the company," he told the Senate Banking Committee last month. "That's what we're trying to do."

On its face, that sounds sensible enough. Fannie and Freddie's descent into taxpayer-rescue land was the result of their indiscriminate lending in pursuit of the social good of expanded home ownership. DeMarco is intent on harvesting a return for taxpayers by forcing borrowers to pay up.

But that approach helps taxpayers only so long as we pretend that Fannie and Freddie inhabit a magical island on which their policies have no bearing on the broader economy. Currently 1 out of every 5 mortgages in the nation is underwater. Unless balances are cut to restore equity along with a sense of ownership, more borrowers are likely to relinquish their properties as failed investments, sticking Fannie and Freddie with losses. Borrowers who encounter a shock -- a need for health care or auto repair -- will have no equity to borrow against, sliding into foreclosure. That will add abandoned homes to a growing stock of distressed, dilapidated property, pulling down real estate values. It will sap vitality from communities, reducing incentives for businesses to invest and hire.

DeMarco has a straightforward response to this argument: Rely on so-called forbearance, through which Fannie and Freddie basically extend out the length of a loan and lower interest rates, yielding lower monthly payments for a temporary period, without shrinking the outstanding balance.

"Forbearance achieves marginally lower losses for the taxpayer than forgiveness, although both forgiveness and forbearance reduce the borrower's payment to the same affordable level," DeMarco declared in a Jan. 20 letter to Rep. Elijah E. Cummings, the Maryland Democrat, who has pressed him to justify his unwillingness to write down principal balances.

In that letter, DeMarco affixed a disingenuous price tag to principal reduction: $100 billion. That's what it would cost were Fannie and Freddie to forgive enough principal on the roughly 3 million underwater homes on its books to bring down balances to the level of current property values.

But as Cummings noted in a blistering response, he was not asking for a full write-down. The proper figures to consider were buried in a table that DeMarco included in his analysis: Writing down principal balances on underwater loans held by Fannie would cut taxpayer losses by $28 billion compared with taking no action. Forbearance would limit losses by a smidgen less.

"Even based on your own questionable assumptions and data, your most up-to-date analysis demonstrates that principal reduction programs would serve taxpayer interests more effectively than any other alternative," Cummings wrote. "It appears that your refusal to follow Congress' direction and allow principal reduction programs is based more on ideology and the fear of political backlash than on a straightforward analysis of the interests of American taxpayers."

Jared Bernstein, a former White House economic adviser and now a senior fellow at the Center on Budget and Policy Priorities, identified a raft of calculation errors in DeMarco's analysis in a blog post. Not least, the agency relied on credit scores from when borrowers took out their mortgages -- not their current, often-tattered ones -- as it estimated likely default rates stemming from various scenarios.

"This makes the agency's book look better than it really is and, again, understates the benefits to principal reduction," he wrote.

The single most powerful argument for principal reduction is that doing so reinstates an operative sense of the future, making it rational for homeowners to invest.

Vera Johnson's home just outside Seattle is now worth only about $300,000, though she owes Fannie Mae $465,000. Last year, she received forbearance, dropping her monthly payments from $2,400 to $1,700. But over the next four years, those payments will gradually climb back to $2,400.

Cognizant that she has no equity against which to borrow should an emergency emerge, she is leaving her aging windows in place, though the heat seeps out rapidly, adding to her utility bills. Her front porch lacks a roof, allowing the rains to assail her front door and resulting in mold on her walls. She is afraid to use her savings for a fix, knowing that she has no margin for error. This spells fewer jobs for local construction workers and fewer sales at the hardware store.

"I can't dip into my equity if the roof starts leaking," Johnson told me. "I'm totally hunkered down."

When enough people hunker down at once, that has economic ramifications -- not that you will encounter any such considerations in DeMarco's intellectually dishonest analysis.

Bernstein says it's still too early to remove DeMarco. The Treasury Department recently tripled the incentives that it pays for principal reduction under the administration's primary anti-foreclosure program, prompting DeMarco to pledge a fresh analysis of the costs and benefits.

"Let's see where he comes out," Bernstein told me. "This is a matter of weeks, not months."

For the time being, DeMarco retains his powerful office. But he better start running it for the public good or he may find himself engaged in the activity his policies have widely fostered -- packing up his belongings and vacating the premises.

 
 
 

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The single largest obstacle to meaningful economic recovery is a man who most Americans have probably never heard of, Edward J. DeMarco. From his perch as acting director of the Federal Housing Fina...
The single largest obstacle to meaningful economic recovery is a man who most Americans have probably never heard of, Edward J. DeMarco. From his perch as acting director of the Federal Housing Fina...
 
 
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01:52 PM on 03/16/2012
Homeowners refusal to abide by the terms of the mortgage they signed is grounds for foreclosure.
11:40 AM on 03/16/2012
While I agree that it is not entirely the homeowners' fault that their loans are underwater, the analogy made in this argument is extremely inaccurate, unnecessarily inflammatory, and represents reality falsely in many ways. Since when was having an underwater loan akin to being in danger of death because of being trapped in a building on fire? Or since when has not reducing principle so that some unfortunate or unthoughtful people get bailed out at the expense of others been similar to not putting out a block of houses that is on fire? And how is the relative amount of money it would cost to pay for water to do so anywhere near the relative cost that these writedowns would precipitate? Also, I'm happy that our understanding of the economy and bubbles clearly does not promote a greater degree of responsibility to rational thought and investment (a key part of capitalism and, well, life) than the responsibility one would have for a meth lab that blows up down the street. Great stuff, really. Just excellent journalism and argument.
09:27 AM on 03/15/2012
I have a home that has been devalued also. Have you seen the video Inside JOb? It may allow you to look at the situation in this case a little differently. We have such serious problems that have been created by unscrupulous and greedy lenders that we really need to stop blaming each other and find out what is going on. If we don't we are going to lose everything good that we believe America has stood for all these years. We are already losing it.
D-Driller
my micro-bio is empty
06:12 AM on 03/15/2012
Absolutely not! What kind of a social handout is this? Since my homes are paid off, am I going to get a check in the mail for a few hundred grand because, while I own them, they are worth less than what I paid for them? This is the most infuriating thing I've ever heard of - people took loans to buy houses at a price agreed upon by them. The house went down in value, like EVERY OTHER HOUSE IN AMERICA, but since it did, these people expect the banks/government to knock some cash off what they owe to "make it all right"? NO! NO WAY! You lose, just like the rest of us lost! Either that, or cut me, and millions of people like me, a check! Millions of retired folks, say, who paid off their homes throughout their lifetimes - cut THEM a check! No Principal Reduction!
rancone
Not me But We Vote D
04:47 PM on 03/15/2012
This not to D-Driller - but to others that read this post.
It is highly unlikely that paid off houses were purchased in the bubble 2004 to 2010.
Thus paid off houses are now at 2001 prices - If you do the graph the bubble prices are gone.

So a paid off house - lets say was purchased at least 20 years ago is now worth its ten year ago price - but probably a nice bit more than the 20 year old price.

That is paid off homes are not part of the problem.
12:46 AM on 03/15/2012
Fire DeMarco!

Check out "Oh Fannie Mae" at http://Doo-Occupy.org Backbone Campaign's new call to action video.

Then join us for 2 days of training and 2 days of action to Bail Out America March 31-April 3.

Bill Moyer
Backbone Campaign
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splashy
Really?!?!!!
11:35 PM on 03/14/2012
With capitalism, you periodically have to forgive debts and redistribute most of the wealth, or you end capitalism because you only have monopolies. Think of the game Monopoly, and how to get it going you have to give everyone an equal amount of money. The game ends when one has everything.
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Jerry Bourbon
10:59 PM on 03/14/2012
My car is now worth less than it was when I paid CASH for it.

Can the government raise taxes on somebody else and give me some money, please?
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Felix99
Born to be mild!!!!
12:02 AM on 03/15/2012
As soon as the car leaves the dealer's lot it loses one-third of its value. Welcome to the real world.
01:54 PM on 03/16/2012
Housing doesn't always go up. How come people want I ignore that real world fact?
06:33 PM on 03/14/2012
Everybody should know that market value of property changes just like the stock market. If You bought a house when the market was High & are upset because it's low now that's your problem. I bought 7000 shares in a publicly traded company on the assumption that it was still going up. It didn't & so now I've lost $3000+ in that investment. Should somebody compensate me for a risk I was willing to make? I also have purchased & sold real estate & don't see what the fuss is about. I currently have 2 mortgages & do not have a problem making the payment with a $4000 monthly income. For those who did make the mistake of getting a variable rate mortgage I do think they should be allowed to refinance but not reducing the principle of the existing loan. Property value does not affect anything until you want to sell or refinance. A lot of banks want 10- 20% equity in the property before a refinance. This is stupid but I don't think the loan value should be reduced to compensate. I actually wish my property would lose value so I wouldn't have to pay $3000 in property tax. I do not plan to refinance or sell ever. So if it were worth $1 I would be delighted.
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GlennWatson
Two million fans
05:24 PM on 03/14/2012
Edward J. DeMarco is correct. People should pay their debt or give back the house.
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splashy
Really?!?!!!
11:50 PM on 03/14/2012
The debt needs to be reset. After all, the banksters and other financial scammers got their money from taxpayers. Why shouldn't those that were scammed?
D-Driller
my micro-bio is empty
06:13 AM on 03/15/2012
Reset what? Since I own my home, and it went down in value, do I get a check for the difference? Why do these people get money off their house, when I paid the the full ride? WHo are you to make that decision?
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GlennWatson
Two million fans
06:47 AM on 03/15/2012
They were not scammed.
02:44 PM on 03/14/2012
The enormous credit bubble of the last 4 decades has generated serial asset bubbles including past housing booms and busts, the dot com bubble, stock market bubbles and the recently deflated housing bubble. The underlying problem is the monetary and fiscal policies of the Fed which are hand-in-glove with the desire by Congress to make promises that cannot be funded from current taxation. In all cases, this represents borrowing from future taxes and surplus production to fund assets and consumption today. The current series of QE's which are designed to continue to prop up the bubbles are nothing more than a tax on everyone who has a dollar in their pocket. The idea that underwater home owners should be propped up is just another in a series of moves to redistribute the cost of these malinvestments. What needs to happen is that the economy be allowed to reset by extinguishing the malinvestments and deflating the credit bubble. This is going to happen anyway. These attempts to stop it are just going to make the eventual reckoning more painful.
01:18 PM on 03/14/2012
Oh for God's sake............how far is this madness going to go? Do you people think that there is an endless sea of money somewhere that we can tap into to allow everyone to live in la la land? Who didn't lose money on their investments when things crashed? Is it up to us to bail out everyone? Any principal reduction should be considered a loan with a lien on the property to be repaid upon sale of the property or if the value increases. When Obama is out of office and the economy finally recovers, and the value of these underwater houses increases, are the owners going to demand that the government is repaid? You buy a car, house, stocks, bonds, etc. etc. you take the risk that goes along with it. You may gain big or you may lose big.................either way, it's not up to the government to save your butt when you fail anymore than you will want it to participate when you score a big gain. And don't give me that crap about "the common good"! If you want to live in a communist state, go for it, but most of us absolutely do not. For the record, I bought a farm near the height of the market. It is surely not worth now what I paid for it. My problem. I will ride this out and hopefully will fully recover someday.
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svasol
Environment means we are all in this together
12:53 PM on 03/14/2012
DeMarco is playing politics with our livelihood. This is the single most obstructionist move the Republicans have done yet.

We need to get these homes re-financed or this economy will be stuck in the mud for 5 more years.
11:14 PM on 03/14/2012
And then what? Set a standard for all "profiteers" to create another bubble only to bank on another bailout??? I'm sorry but I do not want to inherit the "Greece" mentality..
D-Driller
my micro-bio is empty
06:16 AM on 03/15/2012
Refinanced, yes. Did you read the article? They are talking about Principal Reduction. In other words, you bought a house for $250k, and put $50k down. The house is now worth $200k, so you will get $50k taken off of your mortgage! That is WRONG! You took the risk, you bought the house - PAY UP! I own my home, and it went down in value - are you going to cut me a check for the difference? Where is that money going to come from? China?
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svasol
Environment means we are all in this together
01:59 PM on 03/15/2012
The money comes from the banks who 'write down' the loans. And unless something is done - our entire economy is stuck. The Japanese banks refused to write down their 'phantom high' values on their books and they lost a decade as a nation.

The owners have to take a big hit, but the banks were writing the loans against extremely high values at extremely attractive deals. They should write down some and learn also - its always better to take a hit and move on. Without a housing market, the US economy will be in the doldrums.
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EdCorner
Now what - more of the same...
12:52 PM on 03/14/2012
Petition to have O b a m a get rid of DeMarco and recess appoint a replacement

http://www.npa-us.org/fire-demarco
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ggs83
11:50 AM on 03/14/2012
should not be hard to replace one acting with another acting
and when is the next recess?
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Felix99
Born to be mild!!!!
12:05 AM on 03/15/2012
Then do it! When the welfare of the country is at stake, you take what actions you need to to preserve the country and its citizens!! Why aren't we doing it??
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relentless63
11:49 AM on 03/14/2012
In a working democracy, no one man should be allowed to stand against the common good.