The Foreclosure Mess: the Government, Bankers, and the Consumer
Today we have raging foreclosures, neighborhood by neighborhood. Families have lost their homes, banks are in trouble and jobs are disappearing. Our economy had a 3.8% drop in GDP in the 4th quarter of 2008.
But how did we get here? A primary source of our problems is the changes in the financing of homes. What changed in our society that moved families from financing their home purchases with traditional 30-year fixed rate mortgages to new, riskier loan products issued to borrowers who, traditionally, would have never qualified during the “good old times?” It’s a complicated story with many players. The cast is long and diverse involving the government, mortgage lenders, and, most importantly the homebuyers.
Until 1970 banks that issued the mortgages kept them on their books. They managed their own portfolio of loans. In 1970 investment bankers created mortgage backed securities (MBS). These debt instruments were created to free up mortgage lenders’ capital by selling the mortgages in their portfolios to investors.
In 1977 the Carter Administration, in response to allegations of banks “redlining” sub-prime zip codes, asked Congress to pass the Community Reinvestment Act (CRA). The CRA encouraged banks to meet the credit needs of low- and moderate-income areas. This was the beginning of the weakening of risk management within lenders.
In 1980 Congress passed legislation that eliminated the states’ limits on interest rates. Banks began to charge interest rates that reflected the risk of the borrower. The number of denials of mortgages was greatly reduced, as banks were glad to charge more for riskier customers. Banks became more profitable; more families stretched to buy homes.
Mortgages expanded to more and more of the population. With higher rates for riskier borrowers more houses were bought. Banks understood that the monthly payment amount was the key factor for housing affordability. In 1982 mortgage rates reached 18%. Demand fell. Banks then created adjustable rate mortgages to lower the first few years’ rates and thus reached a broader swath of the population.
In 1983 Fannie Mae asked Salomon Brothers and First Boston to create Collateralized Mortgage Obligations (CMO’s). This new debt instrument allowed the GSE’s (Government Sponsored Entities) to spread the risk of prepayment1 among several classes of instruments. This assured investors who had purchased the debt that the prepayment risk on their investments would be minimized. In effect, it broadened the liquidity of these instruments.
Ronald Reagan’s 1986 Tax Reform Act eliminated all interest deductions except for home mortgages. The same law created Real Estate Mortgage Investment Conduit (REMIC), the most common form of CMOs.2 Since mortgages became the only deductible interest expense families began to take out second mortgages to finance their life style. Debt level increased.
When automated underwriting was implemented in 1990 it simplified and made more efficient the underwriting process. Recent studies have shown that automated underwriting better predicts creditworthiness of marginal buyers than does human analysis. . However, it also removed the human analytical influence on mortgage decisions. Looking the borrower in the eye as a decision-making tool was gone.
In an expansion of the use of the principals behind the 1977 CRA, in 1992 Congress created specific mortgage purchase goals for the GSEs. This initiative raised the probability of delinquency to a statistically significant level. This was reported to Congress, but they moved forward with the proposal anyway. In the next year HUD began suing banks with lower minority mortgage approval rates than for whites. In response to this pressure, lenders began to relax down payment and income requirements. At this time there were still no sub-prime mortgages.
In 1994 the lenders created what came to be known as sub-prime mortgages. Lenders responded more forcefully to Congressional and Federal regulatory pressure by making mortgages more affordable. The primary vehicle was hybrid, or teaser rate loans, in which borrowers paid a lower teaser rate during the first two-years of their mortgage and then adjusted to market rates. In addition, it was clear that these other recent developments such as automated underwriting, securitization (CMOs, REMICS), the use of pre-payment penalties and the entry of unregulated lenders into the market would make the growth of the subprime market more aggressive. Seeing this opportunity, hedge funds entered as investors.
In 1995 Congress amended CRA to force banks into lending to riskier borrowers. Banks began to lend to non-creditworthy borrowers in response to community pressure groups such as ACORN. Credit Default Swaps (CDS) were invented to free up lending capital for banks. These were used as an insurance policy to help manage the credit risk of the borrowers. The next year HUD gave the mortgage banks a specific target of 42% of all mortgages for low-income borrowers.
In response to 9/11 the Federal Reserve began to lower interest rates to stimulate the economy. As the money supply expanded economic activity picked up. Foreign countries were flush with dollars as a result of their export success and saw the American market as the place to invest. There were huge influxes of cheap capital looking for larger and larger returns. Non-prime borrowers (subprime and ALT-A) at that time represented less than 10% of all existing mortgages. ARMS represented 20%.
The St. Louis Fed began to elucidate the risk associated with the GSE’s. Their portfolio had grown to $5 trillion. The interconnectedness of the GSE’s with the global financial players was noted. Further, the St. Louis Fed said, “And, most importantly, there is no effective regulator.”
By 2003 there was a real negative Fed Funds rate. Most mortgages were GSE backed, thus creating an implied guaranty of the US Government. The rate of appreciation of home prices exploded to 16% per year. Real estate loan originations were growing at 10-17% rate while the growth of goods and services was at 5-7%.
This resulted in the creation of the demand bubble. This pushed up prices of existing houses and created demand for new houses on vacant land.
One-year teaser rates became significantly cheaper than 30 year fixed rate mortgages (+-2%). The subprime and ALT-A borrowers were given convincing arguments by lenders. They primarily focused on the exit strategies of refinancing at lower rates as the house value appreciated, or selling the highly appreciated asset if times got tough. “As long as prices continue to appreciate, you can refinance into a 30-year fixed rate mortgage.”
William Poole, President of St. Louis Fed warned Congress that Freddie and Fannie had insufficient capital to withstand adverse conditions. He advised Congress to explicitly remove Federal backing of their CMOs so that the GSE’s would face market discipline.
By the next year, 2004, ARMs represented 40% of all loan originations. FHA required only a 3% down payment. In 2005 HUD required that 52% of all mortgages go to families with income below the area median. HUD also placed requirements on the GSEs’ purchases. 28% of all purchases had to be from mortgages with families with income less than 60% of the area median. Investors were under the impression that the Federal government would guarantee these loans.
Subprime mortgage totals grew to $625 billion, which is a 23% annual rate of increase since 1993. 12 million new poor and minority homeowners were created. The percentage of households that owned their own homes moved from 64% to 69%. The mix of loan originators looked like this:
· 20% of subprime mortgages were made by regulated institutions
· 30% are made by affiliates of these institutions.
· 50% are made by state-chartered, but not federally regulated mortgage brokers.
· Almost all prime loans are made by regulated banks.
By 2006 over one-half of mortgages issued did not meet conforming criteria. Subprime and ALT-A mortgages began to dominate. The traditional “20% Down” mortgage became a relic of the past.
From 2002 until 2006 home prices appreciated at an annual rate of 16%. For the previous 55 years the rate was 3%. As the values skyrocketed fewer and fewer families could afford the monthly payments associated with the traditional, conforming 30-year fixed rate mortgage. The problem moved from subprime zip codes to most price points. Builders saw their buyers combined loan to value ratio move to 95%.
By 2007 the credit default swap write-down begins. A chill moves through the spine of the financial industry as they realized no one knew the value of the CDS issued. The subprime mortgage volume had reached $1 trillion. In June, the Fed issues regulations for subprime lending. The default rate for new subprime mortgages reaches 20%; however, for all subprime mortgages the default rate was 12%. This means that 88% of the 12 million new homeowners were making their payments. The subprime products were not a total disaster.
Summary and Conclusions
During the rapid growth of the sub-prime market from 2001-to 2007 the quality of the market deteriorated dramatically. High LTV borrowers became increasingly risky. Mortgage rates became more sensitive to the LTV ratio of borrowers. Securitizers were aware of the problem. The sub-prime mark up over the prime rate should have increased over time as the riskiness of the borrowers increased. It did not. A combination of rapid market growth, loosening underwriting standards, deteriorating loan performance, and decreasing risk premiums created the crash. Rapid appreciation in house appreciation masked the problem. When house prices stopped appreciating the problem became apparent.