I went through last week why I don’t think Ed DeMarco will be fired. Now Neil BArofsky, who has a passing knowledge of the individuals involved, entered this debate.
Last week the acting director of the Federal Housing Finance Agency, Ed DeMarco, made a familiar argument. He announced that he would not approve the Obama administration’s request that struggling borrowers whose mortgages are backed by Fannie Mae and Freddie Mac receive debt relief through principal reductions subsidized by the Troubled Asset Relief Program (TARP). DeMarco’s refusal was based on his concern that granting such relief would encourage other borrowers to “strategically default” by not making payments on their loan to take advantage of the promise of a reduction in their debt. This is a version of the moral hazard argument we heard about so often in the early days of the financial crisis. Secretary Geithner, in response, argued in a public letter that notwithstanding such concerns, and for the greater good of the overall economy, such relief should be granted whenever it would result in a better economic outcome than foreclosure.
This is not the first time this debate is happening – but last time around, Geithner was the one arguing DeMarco’s points. Although one can argue whether principal reductions are the right way to address the ongoing housing slump – I have championed principal reductions for years but acknowledge that there are passionate arguments on both sides of the issue – no one should be fooled that the administration’s entreaties to DeMarco are anything but political posturing. As I recount in my recently released book, Bailout, during my time as the special inspector general in charge of oversight of the TARP bailouts, Treasury Secretary Timothy Geithner, using the same justifications now offered by DeMarco, consistently blocked efforts to use TARP funds already designated for homeowner relief through a principal reduction program that could have a meaningful impact on the overall economy.
For example, in 2009, $50 billion in TARP funds had been committed to help homeowners through the Home Affordable Modification Program (HAMP), a program that the president announced was intended to help up to 4 million struggling families stay in their homes through sustainable mortgage modifications. Hundreds of billions more were still available and could have been used by the White House and the Treasury Department to help support a massive reduction in mortgage debt. But Geithner avoided this path to a housing recovery, explaining that he believed it would be “dramatically more expensive for the American taxpayer, harder to justify, [and] create much greater risk of unfairness.” Treasury amplified that argument in 2010, after it reluctantly instituted a weak principal reduction program in response to overwhelming congressional pressure.
Exactly. Geithner has used the moral hazard/strategic default argument plenty of times over the past few years. Now it could be that Treasury has magically turned the corner and gotten the message that the economy needs widespread debt relief. But the fact that this lines up perfectly with the upcoming Presidential election is enough to make one skeptical. And if that’s not, then how about this:
The Federal Housing Administration, a separate agency that is part of the Department of Housing and Urban Development, has nearly 720,000 mortgages that are three months or more past due [...] About 31% of FHA loans were underwater at the end of last year, compared with roughly 22% of those outside of the FHA, according to CoreLogic.
That would seem to make that agency a contender for the kind of principal forgiveness many would like to see Fannie and Freddie undertake. Federal law, for example, appears to allow the FHA to offer a form of forbearance, in which up to 30% of a borrower’s loan balance is set aside with no payments required. The HUD secretary also has authority to forgive that debt at any time thereafter, though officials say it isn’t clear they have the legal authority to let borrowers stay in their houses when that happens.
Administration officials say there are other legal hurdles to the FHA more broadly engaging in principal forgiveness, many that could require congressional action. That said, there hasn’t been any apparent attempt to overcome such obstacles.
Maybe those hurdles are legitimate and maybe they’re not. But you have to go back to the track record. Treasury did not initially include a principal reduction alternative in HAMP, added it late in a way designed so no servicer would have to actually grant principal reductions (because the decision was entirely up to them and not mandatory when the statistics showed a benefit to the loan holder), and only at the tail end encouraged Fannie and Freddie to reduce debt on their portfolios. Even now, despite calls in many circles to fire Ed DeMarco and replace him with someone who would carry out this agenda, we’ve gotten nothing more from Treasury but a sternly worded letter.
It’s not like DeMarco comes out of this looking great either. He’s held Fannie and Freddie up as conservators of taxpayer dollars when acting as tax cheats by ripping off local governments for several billion dollars.
But let’s stop pretending that Tim Geithner and the Obama Administration had a deathbed conversion on principal reductions, and now is being stymied by that mean ol’ bureaucrat Mr. DeMarco. That’s the story the White House would want you to believe. Their inaction and simple retelling of that story gives much of the game away.





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Thanks for this, DD.
The Moral Hazard argument is based on the fallacious assumption that the original principal was based on some sort of eternal truth, whereas in reality it was based on values artificially inflated by the housing bubble. Now that the bubble has burst, the Real Estate industry doesn’t want to accept any responsibility for the inflated values and wants 100% of responsibility to rest with the consumers who bought houses at these inflated values.
I like the idea of “Mark to Market.” In fact, I’d like to see *all principals* tied to mark to market realities.
Another part of the truth is that government policies, initiated by President Clinton in an effort to make it easier for Americans to buy homes, encouraged inflation of house valuation. So a true reckoning would place the moral hazard on the Real Estate market, and the Government, as much as Consumers, and the burden of easing this massive debt should be shared by all three. This would also help accelerate the economic recovery.
Bob in AZ
Last week in response to this post I indulged in a bout of “troll baiting”, and ignored some latter pertinent comments. It became clear that there are two distinct types of underwater homeowners. I was championing the un- and under-employed people who are victims of the banksters and politicians who willfully destroyed our economy. These people cannot afford house payments based upon an income they had when signing their mortgages, but have no hope of earning now, due to loss of industry jobs.
Some other voices were villianizing relatively wealthy people who overbought their still current income, purchasing half million to million dollar mansions, and now hoping to retain their largese through government loan write downs.
It seems to me that the whole moral hazard issue could be dealt with by a means test and a limit to the size of the mortgage. As in bankruptcy law, if your house is under the state average value, and your income is less than a third of your mortgage payment, then you are eligible. This would stabilize large swaths of middle class neighborhoods, without rewarding the wealthy.
Ah…I meant “if your mortgage payment is more than a third of your income.”
Bob and bittersweet are both smarter than DeMarco, Geithner and Barofsky. In two short comments, they’ve come up with an equitable way to do cramdowns.
Of course, the situation is this:
The banksters do not want cramdowns.
Geithner and Team Obama work for the banksters.
Therefore: No Cramdowns. Talking about cramdowns in election season is
kabuki for the voters.
My brother got a cramdown about three years ago. I wonder how he got it.
Firing DeMarco won’t happen because it would take balls and leadership, 2 characteristics that Obama is sorely lacking.
Geithner is still around, and if anyone needs to be fired in the Obama administration, it’s him.
I think Obama secretly agrees with DeMarco anyway, and just can’t say it publicly.
Cramdowns should be at the expense of the big banks, but that won’t happen because Obama, Geithner, etc. are owned by the banksters.
That leaves the taxpayers. Either there are no cramdowns, or the taxpayers have to pay for them because Obama and his cronies are whores.
The notion of bailing out homeowners because they got caught up in the “housing bubble” is as ridiculous as bailing out those who lost money because they got caught up in the “dotcom bubble”. How about those who bought Facebook stock at $40 a few weeks ago or those who bought Netflix at $300 last year ? Should they be reimbursed by the taxpayers ? People who are underwater on their mortgage are not “victims” of the housing bubble but rather the perpetrators of the bubble. It was their stupidity that fueled it. Many of them bought a McMansion to impress their friends and relatives thinking they would be able to flip it for a large profit in a few years. I agree policies of the Federal Government, and in particular, the Federal Reserve contributed to the problem. However, the mortgage holders were all adults when they signed the mortgage document and are responsible for the consequences of their actions. The people who for employment reasons can no longer make their payments should mail in the keys and rent a cheap apartment. Housing prices are down because a) demand is down, and b) prices were too high to begin with. The best way to stabilize the market is for the Feds to quit attempting to artificially inflate a) and b) and allow prices to drop to a sustainable level. At a certain price point demand will rise to meet supply. This would be a boon to young people and help compensate for the ass fucking they are going to get in the future paying off, either in taxes or a lowered standard of living, the debts accumulated during the Keynesian wet dream we have been living over the past 30 years.
You make some ok points, but your arguments are all one-sided in terms of solely and only blaming home owners/buyers for the mortgage problems that some now face if they’re either way upside down and/or they’ve lost their jobs and so forth.
Nowhere in your comment do I see any blame or responsibility assigned to the banks and/or Wall ST, who engaged in fraud, at least. And why did banks, for ex, loan huge amounts of mortgage money to citizens who clearly had no means to pay the mortgage off?? Yes, the “average citizen” should not have taken out such a mortgage, but why is the bank held utterly blameless for making loans to people who couldn’t afford to pay the loan back?? Why is “ok” for the bank to not have completed due diligence when lending the money, and then engaging in fraudulent practices with the loans?
I bought a house last year, and my credit union put me through the hoops of fire endlessly to ensure that I was: a) credit-worthy, b) stable in my job, and c) was a likely risk for paying back the loan. That was the way it should be. Quite simply, many banks and mortgage companies refused to do due diligence and lent out money like it was going out of style during the build up of the housing bubble.
I get tired of simplistic one-sided arguments that solely blame home owners while giving banks and mortgage companies (and related fellow travelers) a big fat pass.
And for the record, some people bought their homes years and years ago when the housing market wasn’t “heated up.” They were duely paying off their mortgages and doing ok. Then the housing market went down; some people lost their jobs; and you’re response is: somehow they were profligate and “to blame” and should STFU and just go live somewhere else.
It wasn’t all that long ago that banks and mortgage companies would work with customers on cram-downs that enured to the benefit of both the bank and the home owner. I know several people who benefited from cram-downs years ago. It’s not always that people need help because they were profligate or made bad decisions. People get ill and end up with a lot of medical debt, or people lose jobs, or many other issues.
So one-sided. The banks have been bailed out by YOU and me. Why? And why is that OK with you?
Although there was a housing bubble, that was not the cause of the foreclosures. The housing bubble had “zit” to do with the foreclosures. ARM’S caused the foreclosures.
It’s very simple; if someone agrees to a house payment of $1000. a month when they close, if that payment remains at $1000. a month, for 30 years; they will be able to pay that house payment regardless how high or how low the value of the house becomes. However, if after a year, you change the payment to $2000, or even $3000 a month, that individual can no longer make the payment. In 06 Ben Bernanke raised the rate because that’s what the hand in his sock told him to do. If you look at a chart of the so called “housing bubble”, it popped in 06. That’s when those adjustable rate mortgages went up and the people could no longer make their house payments.
Could someone explain to me, what the value of the house had to do with the foreclosures.
If Obama wanted to fire DeMarco, he would’ve done it by now. Clearly, Obama is quite happy to have DeMarco in this job. Do the math. Obama is a conservative Republican, happily carrying forward the policies and procedures of the third term of GW Bush.
Amen.
And with all his kowtowing Obama still gets no respect; he might just as well have been a democrat –
news headline: Romney trounces Obama in fundraising for 3rd month
If Obama gets re-elected, and that now seems probable despite the weak economy because Romney is such a weak candidate, then I hope the Republicans impeach him if they retain control of the House.
I have never felt so profoundly hopeless as I do when thinking about this Presidential election.
You’re not alone.
I keep telling myself that there’s nothing I can do about it, but I can try to improve my own situation.
yes, it seems Obama is setting himself up for big troubles with Congress. supposing Obama gets re elected without helping the poor, huddled masses yearning to breathe free of the corruption Obama endorses, the Republicans will continue on in their quest for “getting” the Kenyan Muslim Usurper?
limiting the successes of the Republicans in the Senate and House could be done by helping the average American. but then Obama would cross those that paid his bills/the Banks. helping the average voter in every state would increase the Obama vote and diminish the Republican hate machine.
keeping things the way they are, Bankster controlled/Republican led, increases teh chances of losing the Senate. boy wouldn’t the Republicans love to impeach Obama. that would be most fascinating and also preoccupy the Republicans. would be quite a circus.
bread and circus, now if they would only give us bread, too.
Wall Street funded mortgages without reading them, underwriting them, verifying the loan application because they were collecting the mortgage commissions, fraudulently rating them AAA and selling them to blind investors because the mortgages were tranched. Do this with billions of dollars and you get a housing bubble. Those mortgages have mortgage insurance and the banks are now servicing the mortgages they do not own. Foreclosure means they get the mortgage insurance. Geitner said marking down value could only happen if foreclosure was not more profitable. Foreclosure with mortgage insurance is always more profitable. Who are the 6 million plus people tossed with their belongings into the street? No one that Wall Street needs to care about. They are continuing with business as usual. Those foreclosures that are now 60% lower in value in my neighborhood are being bought by investors who will bleed them ala Bain Capital and create slums. This clever scam will be taught in business scam schools under Romhood as he robs the poor to benefit the rich. Geitner will be his Sheriff of the village making sure the poor pay up. The sheeple will vote for the evil Romhood thinking he will “help” them or maybe let them survive and not go to the dungeon.