The coming battle

by: Mike Lux

Mon Oct 18, 2010 at 13:30


The battle immediately in front of us, of course, is this fascinating, unpredictable election season. Everyone in Democratic and progressive politics is doing everything they know how to turn back a Republican tide, and the polling shows some interesting possibilities: it is ugly out there, but still not impossible to imagine Democrats avoiding the worst. Smart folks like Stan Greenberg, Bob Creamer, and Simon Rosenberg see some signs of life out there. I think voters are still trying to decide which party they dislike the most, and these last couple of weeks there will be some last minute trend one way or the other that will make things far worse or quite a bit better than anyone is predicting right now.

But for the purposes of this post, I want to take a moment to look ahead to the next big battle that will face us no matter what happens on election day. Our next big battle is an unavoidable fight about economics that goes to the core of whether the economy will start to improve, and whether the big banks will be in control of our government. It will be at least initially less a legislative fight than a battle over how Obama and his team will respond to the latest huge challenge in front of them, the foreclosure mess. Our economic system has been done far more damage by the last decade of recklessness in the financial industry than most conventional economists and policy makers understand, and the Bernanke/Paulson/Geithner rescue revived but did not restructure the financial industry. The toxic assets on the books of the big banks, which are primarily in the terribly damaged real estate sector, were never resolved, and are still sitting there like a huge millstone hung around the necks of these banks. The only reason the banks looked healthier in the last 18 months is that their lobbyists were able to get the accounting board to change the rules so they could value those real estate assets at whatever imaginary number they needed to in order to get profits and bonuses showing up on their books again.

The banks' strategy for getting this mess cleaned up was to run huge numbers of people through this fraudulent and obscene foreclosure mill process, but the law and community organizations have caught up to them, and the process is bogging down into a slow moving morass that, for the second time in 2 years, is threatening the very existence of these big banks. Herein lies our country's next big political and economic battle. The bankers who got themselves and all the rest of us into this mess will once again argue that they are too big to fail, that the health of our entire economy depends on their ability to cut legal corners with homeowners' legal rights, and that they might even need other kinds of bailouts from the government to survive. The argument will be that if we don't push all these foreclosures through ASAP, the entire housing market will sink even lower into the pit it is already in, and the economy will go from weak to terrible. And if these banks themselves fail, we will be told, we will see another great depression set in.

There are other policies that could be pursued, though. Thoughtful economists have been putting out a mix of proposals that could be successful in keeping more people in their homes, stabilizing home prices, and other measures that would help rebuild the middle class that has been so harmed by the last decade's economic trends. These policies include a large scale principal reduction program for distressed homeowners, creating a right to rent for homeowners whose home prices have fallen so much their mortgages are under water. Such policies would create big losses for the banks, but given all their profits and bonuses over the last decade, I'm certain the Wall Street tycoons and government regulators could figure out a way to keep these banks going. The cowboy traders for these companies probably wouldn't be getting any bonuses for a while, and that would cause some howling, but I think our system would survive their having to cut back purchases of $6,000 bottles of wine for a while. It might even force these banks to restructure themselves, perhaps even breaking themselves apart (there would be nothing more healthy for our economy than that event). So the bank lobby and their sycophants in the media will be in high gear, trying to make sure nothing happens that would scale back their power and profits, threatening us with the end of the world, but we need to push back hard against them.

This debate is different from the one we went through a couple of years ago, the main reason being what we went through over the last couple of years. There is no political will in either party, no matter how much many politicians and policy makers want to help their banking industry friends, for another big bailout of Wall Street. If the bank lobby could sneak something through without anyone noticing, as they came very close to with this mortgage modification bill Obama vetoed, that could work, but having failed at their first attempt and the foreclosure fraud crisis now being in the center of the public eye, that will be tougher to do now. With tea party populists and progressives united in not wanting to bail out the banks again, and with the immense unpopularity of TARP, straightforward bail out bills will be very tough to pass. Bernanke will use all his tools to help grease the wheels for the industry, but he doesn't have as many tools in the toolbox as he used to, and if the actual law on these foreclosure proceedings is not changed, Bernanke may not have the ability to help as much as he would like. The biggest question at this point is the Obama administration, and they are genuinely divided on how to move forward. There are still those in powerful positions inside the administration who believe that the fate of the economy is inextricably tied to the financial well being of the Wall St financial sector. There are others inside, especially Elizabeth Warren but also influential people like Volcker and Goolsbee, who are more skeptical about the big banks being the end-all and be-all of the country's economic health.

How all this plays out will be the central, fundamental issue by far in how the next two years of this administration turns out. The economy is too damaged to get healthy without a restructuring of the housing sector in a way that actually benefits the middle class. If the banks win this battle, I fear we are stuck with deflation, high unemployment, and low housing prices stretching several years out, and in that circumstance, the President's future political prospects look pretty bleak. However, if the President sides with homeowners on these issues, and creates a path out of this mess that actually helps strengthen the middle class, he will have new momentum going forward. Whatever Congress is elected a couple of weeks from now, this issue will be mostly resolved within the administration, and if Obama proves himself a champion of the middle class in opposition to the bank lobby, he will be well-positioned for future fights no matter how the 2010 elections turn out.

Mike Lux :: The coming battle

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The coming battle | 13 comments
So it's all about Obama, eh? (4.00 / 8)
In that case, this passage will prove prescient:

The economy is too damaged to get healthy without a restructuring of the housing sector in a way that actually benefits the middle class. If the banks win this battle, I fear we are stuck with deflation, high unemployment, and low housing prices stretching several years out, and in that circumstance, the President's future political prospects look pretty bleak.

We all know who Obama will side with, so this is his political future. After nearly two years of bending over backwards to please the GOP and the larger corporate sector, we're likely going to end up with a GOP majority in either or both houses.

If that turns out to be the case, what do you suppose the odds are of anyone in DC "taking sides with homeowners"? Roughly ZERO? Yeah, I thought so too.

Obama can go stuff himself. At this point, he should either resign in disgrace or change parties. He's an abysmal failure and he has no one to blame but himself.

"Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them; .... The limits of tyrants are prescribed by the endurance of those whom they oppress. " -- Frederick Douglass


That was my thought, more or less. (4.00 / 1)
Unless Obama sees the threat to his own political career as grave enough, he will move ahead conservatively, towards disaster.

[ Parent ]
I don't think it's even that (4.00 / 3)
I think Obama would rather lose than be liberal/progressive.  

[ Parent ]
not equivalent terms (2.00 / 2)
... Democratic and progressive politics ...

You can be progressive, or loyal to the Democratic party, but not both - at least, not with the current leadership.


One small hair to split ... (0.00 / 0)
... just to be clear.  I'm a registered Democrat.  Loyalty has nothing to do with it.

For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan

[ Parent ]
It's a Slam Dunk (4.00 / 5)
We've all read about passing a bill in a lame duck Congress that blesses these mortgages saying, in effect, that whatever the bank says holds with respect to documentation (after all, the banks would not have handed out mortgages without some basic due diligence, even if they didn't bother to keep the documentation). I fear this common sense appeal will convince people that such a bill is a simple fix that solves the problem.

If true, so much for pushing back on banks. As with the illegal wiretapping and Congress blessing it (and hiding it) through legislation, my concern is that the fraud in this current mortgage documentation mess will go unpunished. And, therefore, there will be even more fraud in the future.

As someone who lost a home to foreclosure due to the economy (no fault of my own) and lost about $150k, there is a simple solution: a structured cramdown that is added to every mortgage that can be triggered only in extraordinary circumstances to reset the mortgage to current market price and gives the homeowner half their down payment in equity. In return, the note holder gets significant upside. Leaving cramdowns to judges or other parties would wreak havoc because every decision would be different, not consistent. Investors in mortgages would be better served with a structured cramdown that lets them calculate ahead of time potential gains/losses.

Home prices will go up eventually. The question is when. Under the current scheme, maybe 20 years. With a structured predictable option to cramdown in extraordinary circumstances (e.g. price declines 20% or more in three years), about 5-10 years.

The fact that cramdowns are off the table tells you everything you need to know about how close or far we are from fixing the real estate crisis.


Indeed, say goodbye to a lot of things. (4.00 / 4)
And say a big hello to Great Depression Two-point-D'Oh!

The Fraudclosure crisis is going to be causing a lot of pain, regardless of what they do. The real question is, who is going to bear the brunt of it? Under Obama's thoughtful navel gazing, it will be just "the little people." The bondholders will get bailed out to save the banks', servicers' and law firms' collective bacon. Oh, and that will basically nullify everything we think we know about Property Rights and the Rule of Law... what's left of the latter, anyway.

So between this crap and the Catfood Commission crap, it looks like December will be an anxiety ridden month for us little people, eh?

This might be a good time to invest in pitchforks and torches. I sense that will be the only growth industry left after these twits are finished with us.

"Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them; .... The limits of tyrants are prescribed by the endurance of those whom they oppress. " -- Frederick Douglass


[ Parent ]
pitchforks and torches? (0.00 / 0)
And I thought just primarying the guy was pretty rad!

For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan

[ Parent ]
Well the Righties Bought All the Guns and Bullets (4.00 / 1)
8-) That would leave pitchforks and torches, I believe.

[ Parent ]
How about (0.00 / 0)
tumbrels and guillotines?  I'll start working the names into my knitting.  

"We are all born ignorant, but one must work hard to remain stupid."
Benjamin Franklin


[ Parent ]
Indeed ... (0.00 / 0)
I am the voice of sweet reason.

For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan

[ Parent ]
Oh yeah? (4.00 / 5)
Everyone in Democratic and progressive politics is doing everything they know how to turn back a Republican tide

So that's why Obama is setting it up to blame the left?

And that's why Obama is refusing a national moratorium on foreclosures?

And that's why Obama is appealing the DADT decision?

And that's why Obama is looking forward to working with Republicans?

And ... and ... and ...

For the wheel's still in spin And there's no tellin' who That it's namin'. -- Dylan


No Need For Congressional Action: The FIX IS IN! (4.00 / 1)
All that's happening is that the banks are hiring law firms to re-forge their documents to cover up any discrepancies during the "freeze period." Other lenders aren't even bothering to do that. The "crisis" has already been relegated to the dust-bin of history. Yes there are "investigations" and a few more horror stories will come out. But, the foreclosure steam-roller keeps right on rolling and nothing is going to stop it. Note this article. BOA has already completed their review, sanitized the documents and is ready to go:

WASHINGTON - The pace of U.S. home foreclosures may not slow much after all.

Bank of America said Monday that it plans to resume seizing more than 100,000 homes in 23 states next week. It said it has a legal right to foreclose despite accusations that documents used in the process were flawed.

Ally Financial Inc's GMAC Mortgage unit is also resuming foreclosures once documents are fixed.
Gina Proia, a spokeswoman for Ally, said that "as we review the affected files and take any remediation needed, the foreclosure process then resumes."

Analysts expect other lenders to correct problems with the way they handled documents and proceed with a wave of foreclosures that have depressed the housing market. They are likely to follow because foreclosure practices were similar from bank to bank, said banking analyst Nancy Bush of NAB Research.

"We'll be back to square one by the end of the year," she said.

The bank's move could mean that the costs of the foreclosure-document mess will wind up being less than some investors had feared just days ago. Bank shares sank last week after JPMorgan Chase & Co. said it set aside $1.3 billion in the third quarter to cover legal expenses that include the foreclosure document problems.

Shares of Charlotte, N.C.-based Bank of America had been flat earlier Monday but jumped on the news. They rose 36 cents, or 3 percent, to close at $12.34.

Bank of America Corp. said it's confident of its foreclosure decisions. The bank is still delaying foreclosures in the 27 states that don't require a judge's approval. It said it's still reviewing its cases in those states.

The bank's move comes two weeks after it began halting foreclosures nationwide amid allegations that bank employees signed but didn't read documents that may have contained errors. These employees have earned the nickname "robo-signers."

The company said it plans to resubmit documents with new signatures in the 23 states that require judicial authorization to restart the foreclosure process. It will delay fewer than 30,000 foreclosures

In 27 states all that is needed is to submit a copy of the original note & deed of trust in an expedited hearing before the court. Most are not even contested because the debtor does not appear or is not even represented by counsel at all. "New signatures" means they simply re-do the affidavits of default to eliminate obvious cases of "robo-signing" and they are done. Next case.

There's ZERO attempt to address the underlying fraud involved.


The coming battle | 13 comments




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