Feb102012
US taxpayers about bail out California HELOC abusers
I found a new hero online: Steven Greenhut, vice president of journalism at the Franklin Center for Government and Public Integrity. As a fellow displaced Midwesterner, he was shocked and appalled at what he witnessed moving to California. He too is buying up rental homes in beaten down markets for the cashflow. He recently wrote an editorial on Bloomberg that is today’s featured article.
Mortgage Deal Props Up California House of Cards: Steven Greenhut
By Steven Greenhut Feb 9, 2012 8:06 AM PT
Why should a taxpayer in Houston or Wichita bail out irresponsible California homeowners, banks and the state’s public employees’ retirement fund?
Why should anyone bail out California loan owners? Why should anyone bail out the fools who funded the Ponzi scheme? Using government funds to bail out parties to a private transaction is an outrage laden with moral hazard. Both parties to the transaction will be emboldened to repeat the same mistakes in the future. Why wouldn’t they? They were bailed out for their idiocy last time.
Let’s be honest about what this is. It’s theft, pure and simple. Loan owners and banks are reaching into the wallets of every American and taking money to cover the losses lenders and loan owners should endure. I was not a party to their transaction, yet I am paying their bill. And for what? What greater societal good comes from this? Instead of a long-term investment or other beneficial use, these dollars promote moral hazard and ensure long-term societal problems.
Yet that’s exactly what the Obama administration is looking to do in its latest effort to shore up a housing market that continues to sag as large percentages of Americans remain underwater in their mortgages.
The administration is pleased that California’s attorney general is now on board with the president’s multibillion-dollar bank settlement after securing tougher measures to benefit individual homeowners.
More good California-based news for President Barack Obama: Bank of America Corp. has become the first large mortgage provider in the Golden State to take part in a federally funded “Keep Your Home” program that would pay banks to reduce the balances that struggling California homeowners owe them.
Keep Your Home? What a joke. They mean Keep The Bank’s Home at taxpayer expense. People who are underwater don’t own a home, they own a loan. They rent money from a bank to keep occupying a house. If they leave the property, they have nothing, just like a renter. Well, actually, renters have it better because when they leave, they retain good credit. Underwater loan owners leave with no money and bad credit.
Unfortunately, the federal mortgage-relief plan and the California foreclosure-aid fund are based on the same deep misunderstanding about the cause of the housing bust that led to many of the problems in the first place — problems that were particularly pronounced in California because some policies here were worse than elsewhere. Greedy unregulated banks acted like drug pushers by enticing people to take on more debt than they could afford, the Obama administration thinking goes. This view is deeply flawed.
Actually, that view is right on. Greedy unregulated banks did act like drug pushers enticing people to take on more debt than they could afford. And like most drug addicts, HELOC addicts were willing participants who could have made other choices. Banks and borrowers were both responsible for their actions, and both should pay a heavy price for their foolishness. Lenders should pay a bigger price because lenders are more culpable than borrowers.
Houses as Casinos
… After the bubble burst, I recall asking a friend where all the money went as million-dollar tract houses lost half their value. He laughed, and pointed to his new RV — a reminder of how prevalent it was for Californians to view their quickly appreciating houses as piggy banks. No doubt, predatory lenders engaged in fraudulent practices during the price run-up, but there’s much more to this story than that storyline.
And for quite a while, I was the only one writing about what borrowers were doing with that money. Most viewed the loans as free money they would never have to repay. At some level they knew the debt would be paid off, but that was going to be the responsibility of the person who bought their house years in the future once they had drained every last penny of equity from the property. In other words, they weren’t going to have to pay the debt off, someone else would.
Endless debt service is a cultural pathology in California. The debts are so large most borrowers have no hope of paying it off, so they try to service it long enough to find some poor sap to pay it off for them. Well, they found their patsy: the US taxpayer.
Within months of moving from Ohio to Southern California in 1998, I noticed that home prices were rising rapidly and buyers were getting frenzied. We got out of our lease early, fearful that we would be relegated to permanent-renter status, and bought an aging $200,000 tract house. Within five years, homes like ours were selling for about $650,000.
It seemed as if everyone was refinancing, doing cash-outs, remodeling their places, buying new cars and taking Hawaiian vacations. Water-cooler conversations at work often revolved around discussions of “You’ll never guess what my house is worth.” After the crash, the same people have turned into victims, who apparently had no idea what they were doing and were preyed upon by banks. …
Most people will dodge personal responsibility if they can. Loan owners never felt responsible for the debts they were taking on, so it should be expected they would portray themselves as victims deserving a bailout. The same arrogant asses who boasted about their financial acumen with real estate investments have the audacity to demand bailouts when their arrogance is revealed for the ignorance it was.
Jobs Come First
…. Instead, we get proposals to help homeowners refinance their mortgages even though they have no equity in their homes, something that might save them a little money each month, but won’t do anything to solve the real problem of owning a home that is worth less than the mortgage.
The Obama administration has argued that the economy won’t revive until the home market is fixed, but the opposite is true.
Our policy makers all suffer from the same delusion. They put the cart before the horse. The housing market will improve when the economy improves and people go back to work. Homebuilding will not be the engine of economic recover, not from this recession.
I own two rental houses in the Central Valley, purchased for about 25 percent of their prices at the height of the market. They receive rents that are about double the total cost of the monthly payments, yet there is an abundance of homes like this available. People aren’t buying them because they don’t have jobs and because the government rules now make it too tough to get the credit to purchase them.
Instead of bailing out bad behavior from banks and consumers, it’s time for policy makers to let the market work — in lending, land use and economic policy. In discussing the Obama mortgage proposal, USA Today opined this week that the Republican Party’s challenge is “to come up with an alternative that goes beyond simply saying no.” But saying no is exactly what the nation needs now, especially if yes means another bailout for imprudent Californians.
Most people incorrectly believe government must do something, anything, and that will somehow fix the economy and the housing market. The truth is the government has continued to delay the recovery by its constant meddling in the markets. The markets have been slowly healing because gridlock in Washington has prevented all manner of stupid policies from getting passed.
California loan owners do not need a bailout. They took enough handouts of free money during the housing bubble.
Ignorant Comments
I am spoiled by the high quality of the thoughtful remarks on this blog. I am reminded of this whenever I read the ignorant drivel on other sites. The comments on the featured article were quite interesting.
“Why should a taxpayer in Houston or Wichita bail out irresponsible California homeowners, banks and
the state’s public employees’ retirement fund? ”Take a look at how much federal tax is paid by Californians and how much federal funding comes back to the state. The taxpayers of CA have a pretty huge “receivable” of excess taxes paid versus funding received.
California taxpayers do pay much more in federal taxes than other states. That doesn’t entitle California loan owners to free money. If they want to give California renters the same financial benefits proposed to go to California loan owners, then the above argument might be more persuasive.
If people took money out, some bank some mortgage leander approved it based off the same greedy practices they were using then…if the banks and lenders had not been so damn greedy and started this whole mess I would have not I wopuld not hae qualified for my load, as well as others so now theythe rules need to modified to level the playing field for those of us ripped off by our lenders…
Notice how the greed of lenders exonerates this victim of all responsibility. The rationalizations people come up with are astounding.
You don’t get it. The people that cannot now or never could afford real estate are gone. They went *poof* with the first wave of foreclosures. Those left are the people who are still trying to pay their mortgages. We will all be better off if something is done to allow them to be able to do that. Avoiding the dumping into the market of more foreclosures is a positive.
Notice how this jackass justifies his bailout. He was obviously a fool clinging to false hope and praying a government bailout will cause prices to go up and give him equity again.
The banks have been bailed out and accepted zero responsibility thusfar. Time for them to help out the homeowners, just like they were helped out.
They got theirs, so I want mine, right? Another weak rationalization of why he deserves free money from my pocket.
Remember the tech bubble? Me, and millions like me, got into it for the same reason why people got into real estate. We knew nothing about it, but the market was sky rocketing. We made an obscene amount of money, on paper. Did we quit? No, why would you want to quit when your asset increases in value every day? But in the end, it was a mirage. It was only worth whatever the next biggest idiot wanted to pay for it. It was a good idea blown totally out of proportion.
Whose fault was that? It was my fault. I was the one that was greedy. I didn’t ask for my money back, and no one offered it to me.
Maybe the banks can work out a couple of deals with some of the folks on the edge. I might even offer to help renegotiate some ARMs. But I see no reason to pay for any of this.
The banks should not have lent the money, and the owners should not have borrowed it. Let the owners walk away with nothing but good credit, and let the bank write down the value of the foreclosed homes to market value.
Some people get it.
Orange County Housing News now has a Facebook Page click HERE
Just in case you can’t reach us via email subcriptions, RSS, google+, twitter, bookmarking, searching, newsletters, or typing in the address in the URL.
Facebook is for women, children and people try to sell you crap.
Well, it’s for single men trolling for “dates” too. Great hook-up with old “friends” site.
Fair enough…I can see the utility there.
There is something very generational about Facebook. I started to get some traffic from the site. So, I’m sort of opening a webpage to see what happens. If nothing happens I’ll shut it down. Most financial news outlets use twitter as the main social network.
But I agree, Facebook is for hook ups.
This is a post in North Orange County Blog by Mike quoting Business Insider.
Calculated Risk is one the reasons I wanted to start blogging. His analysis in 2005 was spot on when the bubble was inflating and everyone was yelling buy, buy, buy. I read his posts daily. However, his call on calling the market bottom in 2012 is putting his vast credibility at risk.
Have the systemic failures that caused the current crisis been structurally resolved?
No!
CR’s ‘call’ will be proven to be erroneous.
CR may be right in the short term. We will likely have a seasonal bounce. We won’t know for sure until next year when we see the results from the fall and winter of 2012-2013.
As IR mentioned a few posts ago. We are probably at a bottom for housing starts, but not prices.
CR is already wrong. The bottom was in 2009 and prices have been higher for 3 years now. Those that haven’t purchased yet should do so or risk being priced out forever.
LOL! Yep, prices will skyrocket upward any day now.
Poe’s law right there.
In places like Texas, Oklahoma and other lower cost areas (maybe even the I.E.) the bottom is probably not too far away. If you’re at 2.5:1 to 3:1 Price/income ratio and financed your loan at 3.75%…I would say not bad. Sure…it could fall another 5-7%, but 5-7% on a $125K-$150K house is minimal. I would say in high priced zip codes like Irvine, Newport and Laguna have some more pain ahead…and probably looking at 2014 for my purchase in those areas.
Government Bailout Actually Hurt Housing Recovery: Zell
Government intervention has prevented the real estate market from healing, with the commercial sector hit especially hard, investor Sam Zell said.
As sales languish and prices continue to fall, the head of Equity Group Investments and numerous other ventures pinned the blame on policies that refused to allow market forces to take hold.
“Rather than let the elements of the business world take care of the problems, we basically stopped the process of creating market clearing,” Zell said in a CNBC interview. “Had we allowed the market to clear without trying to stop reality…we would have a healthy housing market today.”
Since the financial crisis began in 2008, Washington lawmakers and President Barack Obama have launched a counterattack against the housing market’s collapse.
Most prominently, the administration implemented the Home Affordable Modification Program, aimed at helping as many as four million distressed homeowners refinance their mortgages at affordable terms. However, the program has reached only about one-fourth its original goal.
In his state of the union address, Obama pledged to expand the efforts to include even those buyers whose mortgages are not owned by government-sponsored enterprises Fannie Mae or Freddie Mac.
“It’s putting off facing up to reality,” Zell said in describing the efforts to halt foreclosures. “The longer we avoid clearing the longer we’re going to be living with this problem.”
Zell drew a distinction between the housing programs and the bailout efforts for big Wall Street financial institutions that he said were necessary to save the national economy.
“If our banking system didn’t work, the calamity is almost immeasurable,” he said. “So to try and equate coming in and in effect protecting the banking system with protecting the housing market is apples and oranges.”
While the foreclosure robo-signing scandal is played out in the courts and the housing market languishes, Zell said banks should take action.
“The first thing I would do is I would encourage lenders to move forward and exercise their legal rights, literally — not so much to hurt anybody but to resolve the issues,” he said. “Remember, we’re different from any other country in the world. We are the only country in the world where you can borrow money on a house and walk away from it.”
Zell said he likely won’t be making any big investments in housing soon, as “execution” remains a problem when dealing with so many homes. Commercial real estate, meanwhile, remains problematic as well.
During the downturn in the early 1990s, Zell said he advised “stay alive until ’95.” Now, his mantra is “come clean by ’13.”
“Commercial real estate still has another couple years to get its act together,” he said. “That’s literally the point at which all of these extensions and other stuff get cleared out. Because otherwise you’re going to have a commercial real estate market that doesn’t work.”
Reality is, US housing has been Nationalized… just like autos, the post office and passenger trains. As a result, the govt has to pay people to buy homes. In fact, they even pay people to stay in their homes. LOL.
tic…tic…tic…
Technically the post office wasn’t nationalized. Up until the 70’s, the Postmaster General was 7th in line to the Presidency. Imagine that.
Thanks Zell, advice from another tone-deaf rich guy/ vulture investor!
I’m perfectly fine with the solutions available to borrowers today – that they can live rent-free for ~18 months and then walk with just a hit to their credit. That is a great remedy.
I’m not fine with people acting like the Fed’s actions and refinance plans result in serious undue harm to non-parties. What’s the alternative? How much harm will occur in the alternative scenario(s)?
It’s not a simple problem. There aren’t simple solutions. I think the AGs’ settlement is a step in the right direction.
The settlement agreement is a step in the right direction if it gives lenders a green light to step up their foreclosures.
There’s a very simple way to ensure the AGs settlement or any other plan does not benefit HELOC abusers. Just as HARP and Obama’s new refi proposal exclude non-owner-occupied homes so as to not benefit “investors,” these plans and the AGs settlement could limit any help solely to the original mortgage amount.
So if you never received a cash-out refi, then your total mortgage amount is eligible for assistance. If your original mortgage was $500K and you cashed-out $250K over a few years and your mortgage(s) balance exceeds $700K today, then you’re eligible for a refi up to $500K (even if the home is now worth $450K).
I don’t understand the anger at this AGs’ settlement. It’s not taxpayer money. The portion Ally is paying might be, but the others? So, you might pay a $2 fee for an ATM withdrawal at a big bank now as opposed to $1.50?
The rage should have been directed years ago toward federal and state regulators allowing lenders to make crazy loans to crazy people. That horse is out of the barn. Now we’re talking about the best way to get it back in…
If they made it so the only people who got relief was those with original purchase money mortgages or refinances less than the original purchase money mortgage, then I would be far less outraged.
The “rage” is frustration that Darwinism is never allowed to run its course. The weakest of the breed (Gee, my $50,000/yr income can afford a $500,000 home?) is coddled and protected rather than allowed to find its way to extinction. Crazy loans to crazy people is correct. The problem is crazy lawmakers are creating crazy new problems to keep the crazy loans and crazy people from meeting their sensible end. It is one thing to identify how stupid everyone involved was to let this happen, it is another thing to justify continuing down the stupid path because we already started the journey.
What difference does it make to any non-party whether or not a bank:
1) forecloses on a borrower, loses $100K, and starts raising fees/rates on its customers; or
2) reduces principal of $100K, or reduces a rate 200 bps, or refinances the borrower, and starts raising fees/rates on its customers?
I’ll answer my question…
The only difference is, the borrower is receiving a benefit for which they did not initially agree or expect.
So then, how is that any different than a borrower with equity in a loan originated in 2007 with a 6.5% rate who is able to repeatedly refinance down to sub-4%? He/she didn’t bargain for that. It wasn’t expected.
A reduced interest rate is one thing, principal reduction is another, particularly when that bank will turn to the government for another handout, or if that free money comes from the GSEs or FHA which will directly come out of government coffers.
Fair enough, but the banks will come crawling back to taxpayers regardless of how that loss is achieved.
I agree on principal reduction. If you’re so far underwater and/or the debt is just too many multiples of your household income, then your remedy should be default.
I see no problem with rate reductions or refinances with token GSE additional risk (relative to their current risk and the billions already paid into them).
Having said that, Moodys didn’t write-down private label MBS in response to this settlement, because they don’t think it will cause any losses!
“…But in response to the principal reduction terms in the $25 billion foreclosure settlement announced Thursday, Fitch Ratings said it wouldn’t downgrade private-label residential mortgage-backed securities possibly affected because the write-downs might actually stem losses instead of causing them. “Fitch believes that modification schemes designed to help borrowers avoid foreclosure, including principal reductions, could improve performance,” Fitch analysts said…”
http://www.housingwire.com/article/fannie-defends-ending-pilot-principal-reduction-program
Do you see this as motivating banks to ramp up foreclosures? That’s ultimately what needs to happen. Nobody on either side of this issue seems to like this deal. Is it highly beneficial to banks and home-debtors? It doesn’t seem to be but maybe I’m way off. The devil’s in the details and if this deal moves us closer to clearing out the inventory of delinquent homes then I’ll take it. The better alternative is for banks to write off all this bad debt and be completely restructured in the process. I still have friends who have recently undergone cash-out refis for remodels and toys, and they crow about all their “free money” from low interest rates and perceived equity. I always ask them that if it’s free money, why don’t they sell their homes right now and cash in? That always stops the conversation dead in its tracks. 🙂
This will certainly prompt banks to ramp up foreclosures, particularly in judicial foreclosure states. Now that banks feel insulated from further liability, they will prosecute these foreclosures without fear.
I’m thinking they probably want to itemize interest on their primary residence and you can’t do that without a house. The tax savings against normal earnings is a windfall at these interest rate levels as long as you can find a higher interest bearing vehicle to put it in. Like Las Vegas section 8 rentals. If it wasn’t for passive loss rules I’d be more interested in that.
As long as that tax savings offsets the declining value of their homes, high property taxes, insurance and repair/maintenance costs…
I’m still not seeing how tax payers are on the hook for this settlement.
This agreement will open the door for principal reductions from the GSEs and FHA which will come out of taxpayer funds. Plus, these are the same banks which were bailed out by the government and still enjoy zero percent interest from the federal reserve.
Another good reason to live in California:
“We get a higher percentage of bailout money!”
Apparently there’s NO LIMIT to the amount of voluntary malinvestment that the United States of America will place into the banking and housing sector. And for what? To prevent individuals from being free of a crushing debt obligations? Preventing banks from ruin and closure?
What happens when a bank fails in the USA? If you ask a US congressmen, they’ll tell you it obviously means the ” END OF THE WORLD!!!”. As if there’s one bank on the face of the planet keeping it all together for us.
Except the world doesn’t end when a bank fails, or even if thousands of banks fail.
Banks are businesses. When they take too much risk and fail, they’re closed down, and the valuable and invaluable assets are liquidated and sold off to other private parties, including small, medium and large-sized banks that probably were more risk averse and better managed. It’s entirely possible for new banks to form and grow.
There’s something really fucked up giving an alcoholic a liver transplant. Taxpayers and renters (qualified fence sitters) sure got the middle finger today. But I also think that smaller, healthier, more well-managed banks and credit unions were shown the same thing.
If there’s a silver lining in all of this, it’s that none of this government intervention is going to help underwater homeowners one iota. In the end, most are going to continue along the same financial trajectory and lose their homes to foreclosure. This is just more delaying tactics for politicians to get elected. It will also not help these zombie banks come back to life. Sickly banks like BofA cannot escape the future. In the end, it won’t make a bit of difference. Some of these banks are so fucked up, nothing it going to help. For homedebtors foreclosure remains a decent option to get things back to good. If only more would just embrace it.
Unless there is principal forgiveness, the massive foreclosure process will not stop. I’ve re-defaulted on my home starting this month. When Chase calls, their options will be a principal forgiveness, or take the house, as I am exercising my option to give them back the property. I *will not* get hit on taxes so I’m out by Dec.31, 2012, even if I have to quick claim deed.
My HELOC went into new double pane windows and sliding door, new wood floors, ceiling fans (had to be wired), new air conditioner, water heater, scraped and textured ceilings, new toilets, new sinks, new appliances, and a garage door.
[…] Friday, I posted an opinion piece about bailing out California debtors. The post was more about moral hazard than about the details of the bank settlement. Now that I […]