Phillip Swagel, who served in the Treasury as Assistant Secretary for Economic Policy from December 2006 to the end of the Bush administration, has written a paper on his experiences in dealing with the financial crisis. This is a welcome insider description of the policy process in the Treasury. It looks like Summers and Geithner are continuing a number of the policy approaches of the Paulson Treasury, so it bears close reading. It also offers a test of my hypothesis that financial problems are non-partisan, meaning that once we identify the facts, reasonable people ought to be able to agree on the best solution.
Part of the paper describes the Treasury view of the housing market. Swagel tells us that the problem was becoming apparent in early 2007. Treasury and FDIC economists examined general data to estimate the foreclosure problem, and concluded that foreclosures would rise through 2007, and peak and then decline in 2008. He explains the error in this forecast:
What we missed was that the regressions did not use information on the quality of the underwriting of subprime mortgages in 2005, 2006, and 2007. This was something pointed out by staff from the Federal Deposit Insurance Corporation (FDIC), who had already (correctly) pointed out that the situation in housing was bad and getting worse and would have important implications for the banking system and the broader economy.
Then Swagel provides this chart:
Just think about what that chart says. In the period 2001-2004, at 48 months, total defaults in subprime mortgages were about 13%. For 2005, through 36 months, defaults were at 22%. For 2006, at 24 months, defaults were nearly 25%. Then look at 2007: in less than a year, defaults were about 17%. The loans were bad and getting worse. There is only one word to explain this: fraud. But that word doesn’t appear in Swagel’s paper. Treasury thought the problem was that “[t]oo many borrowers were in the wrong house, not the wrong mortgage.” Borrowers were reaching too far for their homes, and that was the problem.
Treasury’s view was that if homeowners couldn’t make the payments at the original teaser rate, they shouldn’t be helped. One of the assumptions for this view was that the loans were underwritten in a proper fashion. If the loans were properly underwritten, the borrowers should have been able to afford the homes. Of course, that is only theory, which never takes fraud into account.
The public discourse mirrored the idea that the problem was the bad borrowers. Congress didn’t want to vote directly to spend TARP money on foreclosure prevention:
… suggesting that members understood the poor optics of having the government write checks when some would find their way into the hands of “irresponsible homeowners.”
Treasury held two different pieces of information showing the guilty party was the industry, but no one in authority was pointing out the actual cause, the collapse of standards in the lending industry, and the separation of risk and reward that occurred in the securitization of the mortgages. It’s fair to characterize Treasury’s view as blaming the victim. They helped deflect attention from the real cause of the housing problem. If the public had been made fully aware of the real problem, fraud in mortgage origination, there might have been public support for a broader range of solutions.
One strike against my hypothesis. Can Geithner start telling the truth about the causes?




39 Comments












Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About Firedoglake
Here’s an interesting tid bit from HuffPo.
Roundabout Bailout: Fed To Pump Foreign Currency Into U.S. Banks.
http://www.huffingtonpost.com/…..85277.html
Were there any regulators in view?
Of course, when teh little people sign the mortgage papers, they say we may be prosecuted for fraud if we have disclosed improper or inaccurate information.
Not so Too Big To Fail. They are being Encouraged by the Feds not to disclose the full truth.
When does Too Big To Fail go directly to Jail?
Oh, never mind.
M, you are completely correct.
The lenders both caused the bubble, and committed fraud.
The surge in subprime mmoney, sold with relaxed underwriting standards, inflated the housing price bubble.
We had buyers, first time buyers, buying houses that were $500,000 (way overpriced), who could not have qualified for a 95% to 100% loan on a $500,000 under any rational underwriting process based on documented income.
Blatant failure (fraud) of the primay, basic, fiducary responsibility of lenders: Do not make loans to people who cannot prove they can pay the loan.
Blantant control fraud.
A beg for a feature: Spell Check.
I’m sorry Masaccio, this is indeed an important post and I appreciate the inside baseball nature of Mr Swagel’s paper
but I keep coming back to this
imagine how obvious the problem must have been for a White-Collar Crime guy to have seen it coming in 04
ya comin’ tomorrow ?
The housing market peaked sometime in 2005-2006. What Swagel’s purported forecast does is simply mirror this curve a couple of years out when the mortgage terms would change and add in a few months for families to go underwater as a result. It does not seem to take into account any larger effect on either the housing market or the economy in general.
Swagel also says that it took them until 2007 even to know that there was a problem. This is important for two reasons. First, some of us around here knew there were problems by the end of 2005. I was one of these and I wasn’t even watching this issue that closely at the time. I figure those in the financial industry or who regulated it should have known what was going on by the end of 2004 at the latest. Second, the awareness that there was a problem in early 2007 puts this only a couple of months before the first Bear Stearns funds went splat and only about 6 months before the BNP Paribas funds were frozen on August 9, 2007 when the housing market and its bubble blew up.
So Swagel is saying that 1) Treasury not only misread the data but 2) were more than 2 years behind the curve, and only had a dim awareness there was a problem shortly before everything went to hell.
I know there were a number of people in the larger community with their hair on fire about mortgage fraud, but the Bush administration and Alan Greenspan did nothing. This paper shows that the information was present at Treasury, but they discounted it in the first major study reported by Swagel, and did not change their approach even in light of the Chart. The Chart was included in a Fed report to Congress dated July, 2008, so you know that data was there earlier.
It was a major failure on the part of the Treasury to ignore the information from the FDIC and the Fed. And it was a major failing of the Fed to do nothing in the face of its own knowledge of massive fraud.
Classic, faux “free market” conclusion. Let the consequences accompany the risk of the choice made – an essential element to the market and the dissemination of information freely to all players. Except that it doesn’t apply to the market makers – the lenders – whom taxpayers are indemnifying for their ultra-risky behavior. Hmm.
As an aside, I don’t think it was homeowners meeting payments based on teaser rates that was the problem. It was the doubling or tripling of rates and payments that took many under like a Pacific coast rip current.
It was the balloon payments hitting when jobs were lost (many permanently), divorces occurred or medical and educational costs had to be paid. It was the combination of predatory mortgage lending and predatory credit card lending, which is crushing the middle class like grapes in a press.
What budgeting does it require to meet doubled minimum payments, to pay down outstanding balances when rates climb from nine or fourteen percent to thirty or thirty-six percent? When extra “fees” eat up much of the payment made, leaving outstanding balances no lower and accrued interest much higher? When available credit drops to two hundred dollars over your outstanding balance, trashing your credit rating and upping your rates for all borrowings?
Combined, those moves are the collective gleaning of village valuables to pay for King Richard’s ransom – except that Prince John keeps it all for himself and so that he can wear his brother’s crown.
I will be posting more on this article, and will address some of your points.
“…once we identify the facts, reasonable people ought to be able to agree on the best solution…”
Corrupt people can be reasonable, so identifying the facts yields nothing as long as the corrupt continue to control the process and outcome. The present case is an exemplar.
Is anyone else having trouble downloading the PDF of the paper on which Massacio has based this post? Three times now I’ve gotten this same failure message:
I don’t recall ever getting this particular message before.
The chart seems to say that it wasn’t the reset of the interest rates. There is no sudden change in defaults in the 04 and 05 lines at the two year point. It looks like the people were losing their houses because they couldn’t make the original payments at the teaser rate. That is why I blame the crisis strictly on fraudulent underwriting.
Note that if it were not for the large number of fraudulent mortgages, the number of buyers at those prices would have been much lower, which should have reduced demand, and stopped the massive run-up in house prices.
No, No, No! Don’t you get it? It’s never the captains of capitalism that is at fault. It’s always the working and middle classes that brought the nation to it’s knees.
I just checked this link and it worked.
Like Bush’s budgets, these analyses only rarely looked out beyond current rosy figure and growth rates in order to forecast the effects of predatory lending practices.
Are we to believe Wall Street’s best & brightest ignored those forecasts, that they ostracized those who pointed them out, that they believed their own hype that multiple tiers of hedging instruments – with no assets backing them up – would protect each player from the deluge.
Was it the hubris that, “He may fall, or thee, but not me?” Did every player imagine they would have gotten out, gotten theirs, before the house of cards tumbled? Or did the big boys just know that they could game the downside as ruthlessly as they gamed the bubble?
I remember 2 years ago talking to a financial planner expressing my concerns about the apparent mortgage fraud that seemed to be going on. I asked him what concerned him and he said and I quote “Islamo-fascism.”
I have not looked at your link but you might be interested in this one I found yesterday at naked capitalism:
http://blogs.ft.com/maverecon/…..isee-deur/
Basically, it says that foreign governments like the UK used previous currency swaps with the Fed to use dollars to prop up some of their failing banks. The banks failed anyway and the money was lost. So now a country like the UK would have to pay back those dollars (tens of billions) but this would clean out the UK’s cash reserves. So the Fed is saying they can pay back in foreign currency (pounds) and so avoid a near default.
Thanks for the correction for ‘04 and ‘05, which supports the point that fraudulent underwriting was a culprit. Apart from artificially inflating demand for housing, it fueled demand for these faulty mortgage products. Where do the false AAA ratings given the securities backed by these mortgages fit in?
i’d love to see a comparable analysis (of the data in the figure presented) by city so that it could be compared to Case-Shiller Home Price Indices 20 city trends. i’ve wondered if there might be a correlation to increasing default rates with deflating prices (so long as prices are going up, maybe the house could be sold to cover the mortgage).
Don’t know if it makes a difference, but I got prompted for an update to Adobe just this morning, which I accepted. No problems taking down the file. (Of course, I did apply about 1/2 can of WD-40 during the process.)
Fresh Phoenix Woman update available: “Franken-Coleman Update, 04/09/09 (PM Edition): Waiting for Another Ruling”
reminds me of the cycle of loans and debt the imf used to push. the bailouts always came with a heavy price – to be born of course by the people.
I’m confused. Is this your classic “smoke and mirrors” maneuver, or just a plain vanilla shell game? That distinction always trips me up.
I don’t think public support has any bearing on government’s approach to the crisis at all. The Treasury can’t admit fraud is the root of the problem. If they did, that would mean there should be investigations and potential prosecutions of the perpetrators. It would also mean the end of the big banks that engaged in this fraudulent business. Given Treasury’s ties to Wall Street, that is a place they are unwilling to go. Even now, we see extraordinary measures being taken by the Treasury and the Fed to return us to a “business as usual” state. That means, they still need to find a way to prop up risky financial transactions to push the markets to ever-increasing fantastical heights. It would have been much better for all of us, had the banks been forced to swallow their medecine, but instead the public is being dragged along on the Treasury’s wild hallucinatory ride. Given our politicians, I don’t see how we can stop this.
phred: The Treasury can’t admit fraud is the root of the problem. If they did, that would mean there should be investigations and potential prosecutions of the perpetrators. It would also mean the end of the big banks that engaged in this fraudulent business.
Yep.
That is exactly why it is imperative that we demand that congress hold REAL HEARINGS. No weasel bullshit hearings. The Genuine Article.
Baby steps, and the first one is the hardest.
don’t know, but this seems like a possibility to me: The Unconquerable World: Power, Nonviolence, and the Will of the People
Hi masaccio. I started reading it and by about page 15 I’d had my fill of self-justifying BS (see his patently dishonest characterization of “cram down” legislation, for example). It’s the kind of document that, as you point out, is interesting for what it doesn’t say. But there’s enough good information and analysis out there now to get to the root of the problem less elliptically (and with less heartburn). If you made it all the way through, congratulations. You have a stronger stomach than I do.
Sorry, I don’t follow you.
I suspect you are referring to my final statement, which in re-reading is unclear. I am not saying we should do nothing and that all is hopeless. What I am saying is I don’t know how to wrest control of the Treasury and Fed back from the banksters who are so committed to pretending there is no fundamental flaw (fraud) in the system. That level of willfulness is hard to break. The only solution I know of is to remove those lost souls. But Obama is still humming along with Tammy Wynette, so we’re kinda stuck. I’m happy to keep pushing, but I think we have to realize that we are not dealing with rational objective people on the other side.
or that our interests are not their interests.
I was trying to say that the first step is public acknowledgment of the pervasive fraud in mortgage origination and the effect that had on housing prices. Right now, I would settle for that.
Fair enough : ) And by the way, thanks for the excellent work you have been doing on this subject. You are helping us all understand this crisis much more clearly. Really well done — thanks!
Some of us knew there was going to be a housing bubble in 2002. And we wrote on the public record about in 2004/5
Most of the financial planners (and mortgage brokers) are just salesmen repeating the line that they hear in the office or talk radio. I suspect he would blame socialism or class warfare now.
Maybe we can get Rick Santelli to explain the paper? I sure he has an explanation other than misplaced anger on his part. Or the guy At CBS (Greenfield), who was talking about class warfare on Sunday Morning he could probably explain why it was not fraud on the part of the elites.
Indeed. The odd thing is that the paper explains that Treasury didn’t think it could get any legislative change until the bubble burst.
EofH, should you check back here:
The role of the ratings agencies and their AAA ratings was analogous to that of a bought or captive appraiser in a real estate flip, making the asset in question appear to justify the price at which it is to be sold.
Before the days of securitization, the purpose of this little subscam would have been “merely” to justify an inflated asset carried on the books of the bank that made the loan used to buy the property or undertake the construction project. But now in our time of securitization, the inflated rating has the additional purpose of making it appear to be a legitimate asset purchase by the like of pension funds, insurance companies, or other fiduciaries who need to buy a great many assets in managing their large cash flows, and who are limited by rules or statutes as to the quality of assets that they can buy. “Investment grade” is considered roughly BBB or better I think, but some fiduciaries are even more restricted than that. Set against that constraint is the fact that at any one time there are very few of the highest-rated assets available at any one time, compared to the amount of money looking to buy them.
So the rating agencies were used to hook a lot more cash into the game, fraudulently of course, by way of the securitization process. But one of many pieces of the whole thing that makes it all but impossible to believe that it just happened by accident.
I agree. The subversion of the proper role of ratings agencies is part of the audit fraud that also gelded internal auditors and risk managers. This was an industry-wide scandal and an issue Team Obama seems to think it can sidestep and not address.
The plan Geithner is implementing, I don’t give him credit for having thought it up (I suspect the industry did that, or Rubin or Summers), is like drying out an addict then giving them a wad of cash and an unsupervised week in mid-town.
The cycle of addiction will repeat unless something fundamental is done to re-regulate Wall Street and coordinate that with similar regulations imposed by other major markets.