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Peter S. Goodman

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White House Must Free Fannie Mae, Freddie Mac On Principal Reduction, Remove Ed DeMarco

Posted: 08/06/2012 12:01 am

The time has long since arrived for Edward J. DeMarco to pursue his other opportunities in the private sector, whatever they may be.

DeMarco, you may recall, is acting head of the Federal Housing Finance Agency, the government entity that oversees Fannie Mae and Freddie Mac, the pair of gargantuan mortgage companies that collectively own or guarantee most of the nation's home loans, giving them outsized influence over the American economy.

For many months, evidence has mounted that the most expedient way to move the country past the slow motion agony of the foreclosure crisis is to forgive substantial loan balances for the millions of homeowners who are underwater, meaning they owe the bank more than their homes are worth. The Obama administration finally wants this to happen, after opposing this approach early on. Housing experts have been calling for this course for years.

Yet almost single-handedly, DeMarco has prevented this from happening on a large scale. He has refused to allow Fannie and Freddie to engage in principal reduction while ordering up intellectually dishonest analysis purporting to show that taxpayers are best served by the existing assortment of policies -- a course that has produced blight, dislocation and economic stagnation.

DeMarco has held the line because he cares more about the principle -- in this case, the supposedly sacred obligation of debt repayment -- than about the societal consequences of too much principal. As I have written here before, DeMarco is a bleeding-cash conservative, an ideologue so keen on punishing those he views as morally derelict -- people who can no longer pay their bills -- that he is willing to squander taxpayer dollars toward ensuring that they suffer the ultimate penalty: relinquishing their homes.

All of this has been clear for months. But thanks to DeMarco's breathtaking brush-off of the Obama administration last week as he brazenly dismissed analysis from his own agency showing that principal reduction would save taxpayers up to $1 billion, the recklessness of his position has become so conspicuous that even Treasury Secretary Tim Geithner has apparently lost patience.

In a letter sent to DeMarco last week, Geithner chided the FHFA chief for his continued refusal to green light principal reduction at Fannie and Freddie, asserting that it "would provide much needed help to a significant number of troubled homeowners, help repair the nation's housing market and result in a net benefit to taxpayers."

This is particularly rich given how Geithner once played DeMarco in a previous incarnation. Back when the administration crafted its feeble loan relief offering, Home Affordable Modification Program, better known as HAMP, Geithner ensured that principal reduction was not part of the mix.

"This is a conscious choice we made, not to start with principal reduction," Geithner said in 2009 as he testified in front of the Congressional Oversight Panel, which kept tabs on government bailouts. "We thought it would be dramatically more expensive for the American taxpayer, harder to justify, create much greater risk of unfairness."

That assertion drew a prescient critique from the panel's chairwoman, the consumer finance watchdog Elizabeth Warren. She suggested the program would "just kick the can down the road," adding, "We'll be looking at an economy with elevated mortgage foreclosures not just for a year or two, but for many years."

That's indeed what we're looking at. Now Geithner has finally come around to principal reduction only to confront DeMarco invoking the same wrong-headed arguments that he used to make.

All of which raises a pertinent question: What does the White House plan to do about DeMarco and his ideological insurgency? Faced with his open defiance of common sense and taxpayer interest, does the administration intend to move him out of there and replace him with a force for good?

The administration has long refused to answer this question publicly. That did not change this week. The White House made available a "senior administration official" who spoke on condition that he not be named, while pointing out the myriad ways the administration is supposedly blunting the foreclosure crisis through means that do not depend on DeMarco's cooperation -- by increasing principal reduction within the HAMP program, pushing mortgage companies to do likewise through the multi-state foreclosure settlement and by ramping up a government program to help distressed borrowers refinance into affordable mortgages.

Better than nothing, but it still begs the question. DeMarco runs the two biggest mortgage entities, so he has the greatest influence. Now he has told us to quit waiting for principal reduction. It's never going to happen on his watch. He has to go.

Cue the tiresome complaint that principal reduction is unfair. What about people who have been paying their bills on time for years? Why should they have to pay to rescue borrowers who got in trouble? The latest act to cover this song is Anthony B. Sanders in a Bloomberg View opinion piece that implores us to "Stop Bashing DeMarco."

"Why should federal taxpayers be held responsible?" Sanders asks. "Someone in Texas shouldn't be paying for someone's principal reduction in California." (Bloomberg identifies Sanders as a professor of finance at George Mason University, assuring us that "The opinions expressed are his own," but neglects to mention his history of testifying as an expert witness for major Wall Street investment firms that are fond of helping themselves to taxpayer bailouts, but less fond of forgiving loans to ordinary people -- Wachovia, Merrill Lynch, UBS. But I digress.)

People in Texas are already paying for the troubles of people in California, as makes sense in a nation that has the word "United" in its name fairly prominently. We are all on the hook for the foreclosure crisis, because it has damaged the economy and worsened unemployment, jacking up the bill for food stamps, unemployment benefits, Medicaid and other federal programs.

Joining together to fix collective problems is a basic tenet of society. When 911 dispatchers get calls for an ambulance, they don't stop to ask whether the person in distress can pay, or whether the injury is his or her fault: Did the person get that heart attack from eating too many cheese steaks, contrary to doctor's orders? We send the ambulance and sort out the details later.

Many of the people who took on more house than they could afford were really just guilty of bad timing, anyway, needing homes a couple of years too late. People who bought at market prices in 2000 and stayed put now look like paragons of prudence, while those who had kids in 2005 and paid market rates for extra space near good schools now get condemned as gluttons who had it coming.

Fairness is complicated, even when we restrict the conversation to regular people. Throw in the Wall Street banks that created the mortgage disaster and still got bailed out and fairness as an argument against principal reduction sounds like a euphemism for crucifying the powerless.

DeMarco is not big on complexity. In his world, homeowners agreed to pay. If they pay less and still manage to hang on to their homes we might as well sanction bestiality. He is the wrong man for the wrong job at the wrong time. The White House needs to mount an intervention.

Previously, Obama administration officials have suggested that they can't shove DeMarco aside because he is the head of an independent body, albeit only the acting head. Last year, the administration nominated Joseph Smith, North Carolina's respected banking commissioner, as replacement for DeMarco, only to run into obstructionist Republicans in the Senate who stonewalled and enabled DeMarco to carry on.

There is a simple way to end this impasse: The Obama administration can make a recess appointment, circumventing the Senate. In the run-up to the November election, the White House apparently has no appetite for the food fight that would result. But the alternative is more of what we have had from this administration since its inception -- feckless housing policy that perpetuates the foreclosure crisis through half-measures while hoping for better.

It's hard to understand how the status quo makes for good politics, anyway. "Vote for me. Things are lousy, but that's because the other party sabotaged the fix," hardly resounds like a winner. Yes, the Republicans have cynically monkey-wrenched the economy to try to damage Obama's reelection prospects, but housing is one area where the president has the authority to make a difference. He needs to use that authority. DeMarco is in the way.

Back in March, the former Obama administration economic adviser Jared Bernstein -- an advocate for principal reduction -- said it was still too early to call for DeMarco's ouster. Treasury had recently tripled the incentives it was willing to pay for mortgage holders who agreed to forgive principal balances. Bernstein suggested we ought to wait to see how DeMarco would respond to that inducement.

Now, that response is clear. DeMarco will not be swayed by facts, badgering threats or pragmatism. Like Dick Cheney, he seems invigorated by opposition, taking widespread criticism as proof of his courageous stand.

"The guy needs to step aside," Bernstein now says in a blog post. But stepping aside is not part of DeMarco's makeup. Like the millions of homeowners he has consigned to such fate, he needs to finds the marshals at his door.

Below are some of Ed DeMarco's allies and enemies:

Loading Slideshow...
  • Pro-Principal Reduction

  • Paul Krugman, Nobel Prize Winning Economist

    Nobel Prize-winning economist and New York Times columnist has repeatedly called for FHFA director <a href="http://krugman.blogs.nytimes.com/2012/07/31/fire-ed-demarco/" target="_hplink">Ed DeMarco to be fired</a> over his his opposition to principal reduction. In addition to arguing that principal reductions would benefit the overall economy, Krugman told his readers that "deciding whether debt relief is a good policy for the nation as a whole is not DeMarco's job."

  • Timothy Geithner, U.S. Treasury Secretary

    Treasury Secretary Timothy Geithner stated that principal reductions would help up to 500,000 homeowners and save taxpayers up to $1 billion, in <a href="http://www.huffingtonpost.com/2012/07/31/ed-demarco-principal-reduction_n_1724880.html" target="_hplink">a letter he wrote to Ed DeMarco. </a> He also wrote that DeMarco's resistance to principal reductions was not "the best decision for the country, because, as we have discussed many times, the use of targeted principal reduction by the GSEs would provide much needed help to a significant number of troubled homeowners, help repair the nation's housing market, and result in a net benefit to the taxpayer."

  • Rep. Elijah Cummings (D-MD)

    Rep. Elijah Cummings is less than thrilled by Ed DeMarco's decision not to provide principal reductions. Cummings wrote in <a href="http://www.huffingtonpost.com/2012/07/31/ed-demarco-principal-reduction_n_1724880.html" target="_hplink">an email</a>: <blockquote>"It is incomprehensible that Mr. DeMarco would reject the chance to save up to a billion dollars in taxpayer funds while helping nearly half a million homeowners stay in their homes," Cummings said. "He should immediately withdraw this reckless and misguided letter and start following the law Congress passed."</blockquote>

  • James Lockhart, Former Chairman Of The Federal Housing Finance Agency Chairman

    President George W. Bush's Chairman of the Federal Housing Finance Agency, James Lockhart (seated to the far right), has argued that the FHA ought to experiment with principal reductions, <a href="http://thehill.com/blogs/on-the-money/1091-housing/225101-cummings-housing-regulator-fhfa-wasting-taxpayer-money-by-refusing-principal-forgiveness" target="_hplink">the Hill reports.</a> "Foreclosure is not the answer. ... We're destroying neighborhoods with foreclosures."

  • Sen. Richard Durbin (D-IL), Senator Majority Whip

    Senate Majority Whip Richard Durbin (D-IL) told reporters that he believed DeMarco's decision was "short-sighted" and "an abdication of his responsibilities, " <a href="http://thehill.com/blogs/on-the-money/banking-financial-institutions/241343-fhfa-opts-against-principal-mortgage-reductions" target="_hplink">the Hill reports.</a> "The alternative to principal reduction is foreclosure -- a disastrous outcome for homeowners, taxpayers and the American economy. It is way past the time for leadership to stabilize our real estate market."

  • Shaun Donovan, Secretary of Housing and Urban Development

    Secretary of Housing and Urban Development, Shaun Donovan, has urged the use of principal reductions to prevent foreclosure, <a href="http://thehill.com/blogs/on-the-money/1091-housing/225101-cummings-housing-regulator-fhfa-wasting-taxpayer-money-by-refusing-principal-forgiveness" target="_hplink">the Hill reports.</a>

  • William Dudley, President Of The New York Federal Reserve

    William Dudley, president of the New York Federal Reserve, argued for the development of an earned principal reduction program for borrowers who are underwater but still making mortgage payments, <a href="http://www.newyorkfed.org/newsevents/speeches/2012/dud120106.html" target="_hplink">In a speech to the New Jersey Bankers Association. </a>

  • Christine Lagarde, International Monetary Fund Managing Director

    International Monetary Fund managing director, Christine Lagarde, argued that the U.S. should implement some form of mortgage relief, including principal reduction, in <a href="http://www.huffingtonpost.com/anna-cuevas/imf-lends-support-to-loan_b_1447133.html" target="_hplink">a speech she delivered at the Brookings Institute earlier this year.</a>

  • President Obama

    The Obama administration has long supported principal reductions, arguing that such write-downs would reduce delinquencies, help 11 million underwater borrowers and help get the housing market back on track, <a href="http://www.reuters.com/article/2012/05/10/us-usa-housing-donovan-idUSBRE8491DW20120510" target="_hplink">Reuters reports.</a> Under DeMarco's directorship, the FHFA blocked the White House's idea for home-energy improvement when it told firms not to participate, <a href="http://www.washingtonpost.com/politics/edward-j-demarco/gIQAK9StKP_topic.html" target="_hplink"><em>the Washington Post</em> reports.</a> President Obama attempted to replace DeMarco with North Carolina banking commissioner Joseph Smith in 2010, only to be rebuffed by Senate Republicans who refused to confirm Smith, leaving DeMarco in place.

  • Anti-Principal Reduction

  • Rep. Darrell Issa, House Government Reform And Oversight Committee Chairman

    House Government Reform and Oversight Committee Chairman, Rep. Darrell Issa (R-CA), wrote a letter to DeMarco urging the FHA director to "carefully evaluate relevant information prior to making a decision that could cost taxpayers billions if the government were to pay down the principal value of underwater mortgages for select homeowners," <a href="http://thehill.com/blogs/on-the-money/1091-housing/225383-house-republicans-urge-housing-regulator-to-remain-steadfast-on-principal-reductions" target="_hplink">The Hill reports.</a>

  • Rep. Spencer Bachus (R-AL), Chairman Of House Financial Services Committee

    Chairman of the House Financial Service Committee, Rep. Spencer Bachus (R-AL), told reporters that Ed DeMarco stood up for "the best interests of the American people" by rejecting principal reduction, <a href="http://www.nytimes.com/2012/08/01/business/us-agency-bars-fannie-and-freddie-from-reducing-principal.html" target="_hplink"><em>The New York Times</em> reports.</a>

  • Sen. Bob Corker (R-TN)

    Sen. Bob Corker (R-TN) <a href="http://www.corker.senate.gov/public/index.cfm?p=News&ContentRecord_id=f3d4c62d-0f70-42fc-b485-99d0bb6b05b4" target="_hplink">thanked Ed DeMarco</a> for "making his decision based on objective analysis and with the taxpayer in mind."

  • American Bankers Association

    ABA executive vice president on mortgage policy, Bob Davis, announced the association's support for Ed DeMarco's rejection of principal reduction, <a href="http://thehill.com/blogs/on-the-money/banking-financial-institutions/241343-fhfa-opts-against-principal-mortgage-reductions" target="_hplink">the Hill reports.</a> "As FHFA's research illustrates, principal reductions do not measurably help troubled borrowers avoid foreclosure, yet increase the cost to taxpayers at a time when our nation's fiscal situation is already strained."

  • Edward DeMarco, Federal Housing Finance Agency Acting Director

    Acting director of the Federal Housing Finance Agency, Ed DeMarco, announced to Congress that he would <a href="http://www.huffingtonpost.com/2012/07/31/ed-demarco-principal-reduction_n_1724880.html" target="_hplink">not permit mortgage giants Fannie and Freddie Mac to assist struggling homeowners by reducing their principal.</a> In a letter DeMarco sent to Congress, the acting director stated that he did not believe that there would be a substantial financial benefit to the taxpayer and that reducing principal would introduce "moral hazard" into the housing market. "This could give borrowers who are current on their mortgages a message that the government endorses forgiving a portion of mortgage debt if hardship can be demonstrated, creating a very broad incentive for underwater borrowers to seek ways to become eligible." Under DeMarco's directorship, the FHFA blocked the White House's idea for home-energy improvement when it told firms not to participate, <a href="http://www.washingtonpost.com/politics/edward-j-demarco/gIQAK9StKP_topic.html" target="_hplink"><em>The Washington Post</em> reports.</a> President Obama attempted to replace DeMarco with North Carolina banking commissioner Joseph Smith in 2010, only to be rebuffed by Senate Republicans who refused to confirm Smith, leaving DeMarco in place.<a href=" Under DeMarco's directorship, the FHFA blocked the White House's idea for home-energy improvement when it told firms not to participate, a href="http://www.washingtonpost.com/politics/edward-j-demarco/gIQAK9StKP_topic.html" target="_hplink"emThe Washington Post/em reports./a President Obama attempted to replace DeMarco with North Carolina banking commissioner Joseph Smith in 2010, only to be rebuffed by Senate Republicans who refused to confirm Smith, leaving DeMarco in place.a href="http://www.huffingtonpost.com/peter-s-goodman/ed-demarco-fannie-freddie-principal-reduction_b_1336190.html" target="_hplink"http://www.huffingtonpost.com/peter-s-goodman/ed-demarco-fannie-freddie-principal-reduction_b_1336190.html/a" target="_hplink"> leaving DeMarco in place.</a>

 
 
 

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The time has long since arrived for Edward J. DeMarco to pursue his other opportunities in the private sector, whatever they may be. DeMarco, you may recall, is acting head of the Federal Housing Fin...
The time has long since arrived for Edward J. DeMarco to pursue his other opportunities in the private sector, whatever they may be. DeMarco, you may recall, is acting head of the Federal Housing Fin...
 
 
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07:02 AM on 10/03/2012
Its hard for me to believe that Ed DeMarco, as one man, is singlehandedly holding up principal reduction. These are quasi governmental entities, regulated by congress, funded by the US Government, and controlled by congress and their shadow masters the Banks. Slide 15 of 17, that the American Bankers association is against this says it all. Although Fannie and Freddie have been blamed on Barney Frank as a vote getting scheme to keep the population happy and democratic, this is total BS.

Lets not kid ourselves, about the Bank's clout with politicians. Most industries extend credit in some way shape or form. What other industry gets the government to create two quasi entities that take on all their risk? What other industry has a special Federal Reserve to lend it money at subsidized interest rates? And then gets Washington to back away when it comes to controlling sky high interest rates on credit cards? And then when they still can't manage to make money, and tank the economy due to risky bets, what other industry gets a huge bailout?

This is all about the Banks and what is good for the Banks, and don't think for a minute that its about Ed DeMarco.

Personally, I believe its fairer to see the loans restructured to reduce the interest rate, or extend the repayment period. If their is an outright principal reduction, then perhaps their should be a way to recoup the reduction after the house is sold?
08:11 AM on 09/25/2012
"housing is one area where the president has the authority to make a difference. He needs to use that authority. DeMarco is in the way."
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Shawn Murphy
09:47 AM on 09/04/2012
It's really no different than bailing out the auto or financial industry. I guess DeMarco and Romney were a match made in Heaven. You pay now, and allow people to keep their homes, or we all pay later when those that lost the home take down the economy by having no net worth in 10 years. You do it in the hope that the economy keeps rising, and their added wealth is utilized in the economy, as it was and is in the Auto makers and Finance industry now that they are solidly on their way to recovery. What's the disconnect here. I bought in the bad time, but am lucky to live in Texas. That's all it is, luck. These people didn't know the banking industry was going to screw them with faulty marketing of these loans and how they were packaged later. In Fact, they probably deserve the bailout much more than either the Auto or Finance business did, as they pretty much knew that their paths would take them to ruin.
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Spiritgirl2
11:35 AM on 08/08/2012
"DeMarco has held the line because he cares more about the principle -- in this case, the supposedly sacred obligation of debt repayment..."

GOTP types always are given the line that they "stand on principle" - yet their "principles" are of convenience! WE bailed out the banksters, people that are getting top salaries because they supposedly are the "best & the brightest" at what they do; and yet we quibble about bs called "personal responsibility" when it comes to helping mortgage owners who are willing to pay, but whose mortgages are vastly more than what they are really worth due to the PONZI scheme of both the realtors & the banksters - what hypocrisy!

Fire DeMarco and make the recess appointment, let Congress work it out later!
11:15 AM on 08/08/2012
Obama should remove DeMarco during this current recess by executive order.
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AndrewIfallalot
What's so wrong with class warfare?
10:50 AM on 08/08/2012
Why has DeMarco not been fired already? What's the hold up?
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bijouxbrwn
10:20 AM on 08/08/2012
And who is going to pay for this, "Home Owners Relief" ? And just how ?
11:16 AM on 08/08/2012
The banks we rescued have to settle for lower interest on loans being repaid. The homeowners win. The bankers lose just a bit.

The banks have to be broken up - just like in the 1930's - for the US ever to recover.
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CivilDebate10
Low Info People = Statism's Best Friends
10:07 AM on 08/08/2012
I have several mortgages, none are greater than 50% on any property... if the left laughably wants to give principal reductions to irresponsible people, why shouldn't responsible borrowers also get reductions?
javagirl023
It should be easier to vote than to own a gun.
09:56 AM on 08/08/2012
An excellent point, homeowners agreed to pay, but then again, the banks agreed to the risk, so bailing out homeowners is no less morally wrong than our bailout of the banks. Less so, because the banks knew better.
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TAMBER
10:30 AM on 08/08/2012
Also, when the homeowners purchased these properties the bank's appraisers said the property was worth what the buyers were paying for the property. The buyers relied on the bank's appraisals. So the banks are complicit in the valuation of the property and should take part of the loss.
javagirl023
It should be easier to vote than to own a gun.
11:56 AM on 08/08/2012
Twenty five percent of the bad loans were sold to hispanics. the overwhelming majority of those were in just four states. Surpisingly, Texas was one of the least affected states in the nation (see Rick Perry's claim, Texas leading nation in recovery) because of it's stronger than average consumer protection laws. The melt down was more so an issue of predatory lending practices, enabled by the bundling and flipping of paper. My mortgage was sold three times in two years.
javagirl023
It should be easier to vote than to own a gun.
12:02 PM on 08/08/2012
Oh, and excellent explanation of why the banks should pay.
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MyNameIsJames
What should a person say in their micro-bio
09:43 AM on 08/08/2012
Have ANY of you GENIUSES considered the fact that the Obama Administration agrees with De Marco behind closed doors and is only putting up a front for the public politically? The Obama Administration has been KNOWN to do this type of thing over and over again.

This Administration may WANT De Marco to tow the line.
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dee50
Vouchercare-No Way!
09:33 AM on 08/08/2012
What happens if the equity in the house increases in 5 or 10 years and at the sale of the home does the homeowner keep all the money or do they have to pay back the amount that was lowered?
javagirl023
It should be easier to vote than to own a gun.
09:57 AM on 08/08/2012
The banks who were bailed out are now raking record profits, and paying record low taxes. You wanna claw that back too?
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dee50
Vouchercare-No Way!
10:06 AM on 08/08/2012
YEEEEEEEEEEEES!
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dee50
Vouchercare-No Way!
10:07 AM on 08/08/2012
BTW does that mean the answer is NO or do you know?
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bigfated
No one speaks English and everything's broken...
09:26 AM on 08/08/2012
As a strong supporter of President Obama, I am disappointed that he has, thus far, failed to address the fact that DeMarco must go! I know he's busy....but this can't wait!
08:57 AM on 08/08/2012
Always nice to use other people's money to bail out idiots who bought 3x the house that they could really afford.
javagirl023
It should be easier to vote than to own a gun.
05:31 PM on 08/08/2012
Always nice to use other people's money to bail out bankers who made a quick buck selling mortgages to consumers who couldn't afford them.
06:07 PM on 08/08/2012
Take responsibiity for your own life with decisions that make sense. You have heard, perhaps of the phrase "caveat emptor" which means "buyer beware". If you are too stupid to know what you are doing that is not someone else's problem.
08:44 AM on 08/08/2012
How hard is it to fire this guy? C'mon America!
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offred
A biocitizen is 3/5 of a corporate citizen
08:15 AM on 08/08/2012
Anyone want to bet, oh, I don't know, maybe $10,000 that Romney has already agreed to get kill homeowner relief programs if he's elected?

The 1 Percent army will move in, buying up US property like locusts. The US will be a series of Pottervilles, Romneyvilles, Trumpvilles...
08:59 AM on 08/08/2012
The whole country is an obamaville right now. Like what you see?
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Spiritgirl2
11:39 AM on 08/08/2012
Please stop watching FAUX NOISE! Take off your blinders and recognize that this housing fiasco happened because of policies that were put into place prior to President Obama taking office! And you probably supported the very people that screwed US all over.