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How does one regulate "well" ?


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2006 Sep 21, 8:44am   19,951 views  195 comments

by HARM   ➕follow (0)   💰tip   ignore  

over-regulation

We've had numerous debates on this blog over the past year on what constitutes "appropriate" levels of government, uh, "involvement" in the RE market. Individual views run a wide gamut, but can be roughly categorized and described thusly:

1. Extreme (capital "L") Libertarianism/market-fundamentalism: basically hands-off/no government regulation of or involvement in capital/credit markets whatsoever. Critics have derided this as "cowboy"/robber-baron capitalism and point out that NO regulation of any kind is basically impossible, and leads to all sorts of socially (and economically) undesirable outcomes. Such as: formation of monopolies/cartels that engage in anti-competitive price-fixing (think OPEC/NAR), abusive labor practices (think child labor before the 1930s) and unrestrained/excessive pollution (think "Tragedy of the Commons" and pre-1970 air/water quality).

  • Practical example as it applies to housing:
    As a sub-prime lender, you loaned the money to Mr. F@cked Borrower, disclosing the minimum information required by law in the RESPA statements and fine print (where all the critical loan details were buried). If he didn't want to bother to take the time to read/question the paperwork or have a competent RE attorney review them on his behalf, then tough titties! You made out like a bandit and sold the loan (and risk) upstream to some sucker pension/hedge fund as a MBS. Too bad/so sad the MBS holders actually believed that "implicit taxpayer guarantee" when they bought your loan at an extremely low risk premium --caveat emptor!!
  • 2. Limited government/minarchist (small "l") libertarianism: advocates the minimum level of government involvement necessary to limit socially undesirable outcomes resulting from completely unfettered capitalism (aka "externalities"/Tragedy of the Commons). Emphasizes practical, pragmatic, well considered forms of regulation that does not attempt to artificially fix the price of labor/commodities, engage in arbitrary subsidies favoring one asset class over another, and generally avoids what can be termed "social engineering" regulation. Favors developing solutions to socially undesirable "externalities" that the market itself appears incapable of solving with the least amount of government involvement/cost possible. Attempts to regulate in an "asset class neutral" manner (not to pick market "winners" and "losers"). A strong emphasis is placed on aligning risk and reward without dictating what specific levels of risk/reward are appropriate for the consumer/lender.

  • Practical example as it applies to housing:
    As a sub-prime lender, you loaned the money Mr. F@cked Borrower and took your (way above standard) fees and profits knowing that the borrower could not possibly repay the mortgage. You also buried all the critical details in the fine print, while glossing over/minimizing all this during your hard-ball sales pitch favoring the NAAVLP. Then you packaged the loan and (mis)represented it to investors as a supposedly "safe" MBS with a very low risk premium, all the while implying that the taxpayer was on the hook if it went bad. Tell me why YOU shouldn't eat the loan vs. the U.S. taxpayer? Oh, and by the way, where's Alan Greenspan, Franklin Raines and David Lereah hiding out these days? We're overdue for another "perp walk".
  • 3. DS-style "Fabian socialism": government heavily regulates capital/credit markets and the means of production/distribution, and may even directly control/fix the prices of labor and commodities directly. Government itself may even be a producer and large-scale consumer of housing stock ("projects"/publicly subsidized housing). Generally regards consumers as too ignorant and/or weak to be able to choose for themselves; essentially views them as victims of capitalist hegemony/exploitation, to be rescued by a predominantly benevolent and wise powerful central government.

  • Practical example as it applies to housing:
    As a sub-prime lender (aka loan predator), you have already proven yourself a danger and menace to society. You are a disgusting profiteer and should be permanently barred from doing business --and should go to "re-education" camp. Our Wise and Benevolent Supreme Leader will provide Affordable Housing for all the Impoverished Masses. It will favor high density, discourage mobility/private transport, encourage spartan living and require massive taxation --all for the greater good, of course. Most of the largest contracts to build this Affordable Housing will be awarded to personal friends and family members of Dear Leader, of course (who will keep his lavish lakeside villa far outside the city). All hail Dear Leader! (*cue rousing patriotic socialist anthem*).
  • Which form of regulation do you prefer? Based on the descriptions above, which one do you think the author (your truly) prefers? :-) What would be "good" examples of housing/mortgage market regulation (if any)? What would be some especially "bad" examples?

    Discuss, enjoy...
    HARM

    #housing

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    131   DinOR   2006 Sep 22, 9:18am  

    Glen,

    My unrelenting attack on koi ponds knows no bounds! To me, it's symbolic of the whole debacle. A total emphasis on eye candy and not a care in the world for any thing of lasting value!

    Tell me you put extra insulation in the attic. Tell me you had drainage installed. Tell me anything! Just don't tell me about your freaking koi pond!

    132   Randy H   2006 Sep 22, 9:18am  

    The house we bought in Redwood City in 96 had a very cute little Koi pond out back. No cute little bridge, but a pleasant little pond. The fish did remind me of "Blinky" (from classic Simpson fame).

    I hate to maintain water-based attractions. Case-in-point, I managed to turn our next home's pool into a frog sanctuary.

    Anyhow, after our dog ate all the Koi -- took about 3 weeks sine a couple were good at hiding, I drained the pond, filled it in and covered it with some nice sod.

    I'm not sure whether the dog liked the yard or fish snacks better, though. Now that we have a son, I'd fill it in on day 1.

    133   astrid   2006 Sep 22, 9:21am  

    moderate infidel,

    No, what I said was that I believe Israel should never have existed in the first place. Now that it is, we have a fine mess of a situation because the US is joined at the hip to the state of Israel. If we can go back in time to redo the white settlement of the US, I would advocate giving Indians something more valuable than worthless desert land chased 100 years later with the right to operate casinos.

    I might remind you that the whites were the bullies in the settlement of the North America. By my logic, well, I don't like that it happened, but I would have declared it a historic inevitability and say there's little need to now go back and redress the situation (since the Indian tribes are not engaging in guerilla war with the rest of America).

    134   Randy H   2006 Sep 22, 9:22am  

    Maybe they planted a Japanese maple next to the Koi pond, that would add another 50k to the value for sure

    LMFAO. My above referenced experience was under a Japanese Maple. We kept that though, it wasn't too bad.

    135   astrid   2006 Sep 22, 9:25am  

    Koi ponds can be dug and filled for about $500. That particular pond is way too small and too exposed (no tree coverage) for any serious koi keeper. The ponds are a real hassle to keep. You gotta treat it with chemicals or you'll have algae problems very quickly.

    136   astrid   2006 Sep 22, 9:30am  

    moderate infidel,

    I wish! But the other "countries" (yeah, all blocks of the Ottoman Empire) have a vested interest in hating Israel and blaming Israel for their internal problems. Egypt and Jordan are about as close as Israel has for regional allies, and their populace still loaths Israel.

    137   astrid   2006 Sep 22, 9:32am  

    That particular koi pond is particularly idiotic. It's in Florida and with no tree cover, their fish is gonna all flop belly up on a hot day (God forbid the air pump goes out during hurricane season) and then the pool will be a breeding ground for mosquitoes.

    138   astrid   2006 Sep 22, 9:37am  

    But why should these governments ever stop? The US and the EU appears to have no power to stop them (even after decades of meticulous effort) and Israel certainly is in no position to make a bargain.

    139   requiem   2006 Sep 22, 10:03am  

    moderate: I wouldn't blame Islam; it's in the culture itself, and would be there even if Islam wasn't.

    There's a great essay on the matter here:
    "The World's Most Toxic Value System"
    http://www.uwgb.edu/dutchs/PSEUDOSC/TOXICVAL.HTM

    140   requiem   2006 Sep 22, 10:05am  

    hmm.. my comment awaits moderation. Is it from the link, or a keyword?

    141   Peter P   2006 Sep 22, 10:19am  

    RE: US agency calls for routine testing for AIDS

    This is a sign of dystopia.

    Why should everyone be tested for AIDS? It is not something that is easy to catch.

    US agencies should call for monogamous relationships and responsible rehaviors. They should call for a ban of media programs that condone/promote promiscuity.

    One positive sign is that the religious is gaining political power. Hopefully they can do something.

    142   requiem   2006 Sep 22, 10:39am  

    Peter P: The first person I can think of with AIDS was infected from a lab accident. A slip of the needle was all it took.

    I see nothing wrong with calling for responsible behaviors; preventing certain religious groups from trying to neuter sex-ed classes would help a great deal in this regard. Of course, one could take the cynical view that they benefit from the population increase, "sinful" as it is. (This is actually aimed at evangelicals as well as catholics.)

    IMO, treating sex as a taboo subject only increases the incidence of teen pregnancy and promotes an unhealthy mental self-image. Some religions get this right, others don't.

    143   requiem   2006 Sep 22, 10:42am  

    Admittedly, a lab accident is not an everyday event. Still, the non-sexual vector is significant enough. I haven't read the exact proposal; it seems mostly grandstanding as there are plenty of other diseases out there we could be testing for as well. What makes AIDS so special?

    144   Glen   2006 Sep 22, 10:44am  

    Tell me you put extra insulation in the attic. Tell me you had drainage installed. Tell me anything! Just don’t tell me about your freaking koi pond!

    Dinor,
    I know. Why would to buy a house from someone with such lame priorities. They probably have a cracked foundation, rusty pipes and a sagging roof. But look at that koi pond!

    I nominate koi ponds to join the flipper lame improvement hall of fame--along with granite countertops, stainless steel appliances, faux hardwood floors, "feature walls" with brightly colored paints and "home staging."

    How stupid do you have to be, as a buyer, to fall for these tricks? I will not pay an extra nickel to have a bright orange wall in my living room or a stainless steel fridge. Sorry.

    I am thinking that when the crash really gets going, you may be able to find a few diamonds in the rough--ie: homes for sale untouched by flippers and reasonably priced. The discerning buyer in a down market will pay attention to things that actually matter--location, square footage, lot size and neighborhood features (trees, proximity to beach, views, etc.) With lots of inventory available, you may be able to find a decent house with some of these features at a reasonably price.

    When the market bottoms, the flipper house on a postage stamp lot decked out with flipper amenities will retrace to its underlying value as the paint fades and the koi die.

    145   FormerAptBroker   2006 Sep 22, 10:45am  

    SFGuy Says:

    > I don’t want to go off topic again, but I have to! Atrid,
    > I must say that I strongly disagree with that line of
    > thinking (and it’s implications).

    This is not as off topic as it seems since basically many people are recommending that the Israelis find some new real estate, and move out of the “bad neighborhood” they currently live in…

    > I wonder if you actually believe it and live your life
    > that way. It may be a little simplistic as an analogy
    > on my part, but I wouldn’t be too far off to say that
    > your argument is the same some people make for
    > victims of crime (they were asking for it etc etc)

    The victims of many crimes are “asking for it”…
    The perpetrators of the crimes are still wrong and should be punished, but anyone that walks up to a drunk guy at a Raider game and tells him that “all Raider fans are homos” is probably going down… If I park my car in a “bad neighborhood” like Hunters Point with the top down (and if I’m lucky and it is still there when I get back) my wallet and checkbook will probably have disappeared from the dash…

    > Do you seriously believe LOGIC dictates Israel be
    > vacated of non-Arabs?!

    If I moved to a home in a “bad neighborhood” surrounded by crazy religious nut balls that wanted to kill me and my family would a “logical” person stay? Would they stay if the neighbors sent their children in to your home on a regular basis with bomb vests? Would the “logical” person stay if their kids were kidnapped? Would they stay when the neighbors shot rockets at the house for days on end or wouldn’t a “Logical” person just move?

    146   Peter P   2006 Sep 22, 10:53am  

    They might just be of that new religion that wants to turn us all into vegans.

    I thought the Bible condone meat eating. Most vegetarians I know are liberals. (Most meat-eaters I know are liberals too.)

    Peter P: The first person I can think of with AIDS was infected from a lab accident. A slip of the needle was all it took.

    Perhaps SFWoman can provide some insight on this... but I thought the single-exposure risk of HIV infection is not too high (0.5% to 5%). The risk is still significant, but the epidemic itself could not have been fueled by accidents.

    147   Peter P   2006 Sep 22, 10:56am  

    I see nothing wrong with calling for responsible behaviors; preventing certain religious groups from trying to neuter sex-ed classes would help a great deal in this regard.

    I am a liberal conservative. I do think that sex-ed classes are not necessarily bad. However, we need balance. How about something like the DUI HAM (hospital and morgue) program? This should shock teenagers into responsible behaviors.

    148   HARM   2006 Sep 22, 10:56am  

    US agencies should call for monogamous relationships and responsible rehaviors. They should call for a ban of media programs that condone/promote promiscuity.

    One positive sign is that the religious is gaining political power. Hopefully they can do something.

    Huh?
    Are you pulling our leg here or being serious?

    149   Peter P   2006 Sep 22, 10:58am  

    What makes AIDS so special?

    It is just an attempt of extreme political correctness. Flu is a much bigger threat.

    150   HARM   2006 Sep 22, 11:00am  

    I cannot think of a single positive result of the Religious Right gaining power in recent elections. In the long run it just means more Big Government sticking its snout in my bedroom and regulating personal morality and other things it ought not be regulating.

    I'm not saying the Left can't be just as self-righteous, arrogant and invasive (PETA, vegan-extremists, TODlers, etc.), just that religion and state don't mix well in a free society.

    151   requiem   2006 Sep 22, 11:01am  

    The Bible condones all sorts of things, that's what makes it so wonderful. Want to have an abortion? Sell a troublesome daughter into slavery? There's a verse for everyone!

    /thinks a DUI HAM program would rock, btw.

    152   astrid   2006 Sep 22, 11:01am  

    Peter P,

    If there was universal health coverage and no discrimination for people with chronic illness, I would recommend people get annual or biannual tests for a battery of diseases.

    Isn't Hinduism essentially promoting veganism? I don't have any observant Hindu friends, so I'm not completely sure. I have observed a high proportion of vegans and vegetarians who ditch their diet plan when they spot their former favorite dish on the menu or on their meat eating friend's plate.

    153   Peter P   2006 Sep 22, 11:03am  

    I cannot think of a single positive result of the Religious Right gaining power in recent elections. In the long run it just means more Big Government sticking its snout in my bedroom and regulating personal morality and other things it ought not be regulating.

    Perhaps you are right.

    154   FormerAptBroker   2006 Sep 22, 11:08am  

    Peter P Says:

    > RE: US agency calls for routine testing for AIDS
    > Why should everyone be tested for AIDS?

    To make everyone think that they may soon get AIDS… You will never raise a lot of money to research a disease that only affects IV drug users and people that have gay sex…

    > It is not something that is easy to catch.

    It is very easy to catch if you are having gay sex or sharing needles…

    In the early 80’s lots of heterosexuals (including Paul Gann who wrote California’s Prop. 13 with Howard Jarvis) were infected with the AIDS virus before they tested the blood, but almost none of their heterosexual partners got AIDS. Most of the people with AIDS are either admitted IV drug users or people that admit to having gay sex. When you consider that there are a lot of men and women who don’t want to admit to having gay sex or using IV drugs to their family before they die it is “almost all” of the people with AIDS. ..

    155   astrid   2006 Sep 22, 11:14am  

    The social non-acceptance of HIV and other venereal diseases is a serious public health issue, even for straight people who never touch drugs. In sub-Saharan Africa, being a married woman puts you at higher risk for AIDS because many of the husbands fool around without telling their wives. Ditto for some black women whose husband/boyfriend goes on the down low. A recent NYT article mentioned that some HIV positive South African women actually rejected AIDS drugs while pregnant (which would dramatically reduce mother to child HIV transmission) just to avoid the social stigma of being infected.

    156   Peter P   2006 Sep 22, 11:19am  

    In sub-Saharan Africa, being a married woman puts you at higher risk for AIDS because many of the husbands fool around without telling their wives.

    I am mostly a libertarian but I think adultery should be a crime. This is about upholding the institution of marriage, which is associated with special legal status anyway.

    157   Peter P   2006 Sep 22, 11:21am  

    To make everyone think that they may soon get AIDS… You will never raise a lot of money to research a disease that only affects IV drug users and people that have gay sex…

    I agree spending money on fighting diseases in developed countries though. (Developing countries have higher priorities like controlling population growth, education, and food.)

    158   astrid   2006 Sep 22, 11:23am  

    Burbed,

    I read the comments on his latest post and they seem pretty critical. I have no more than 1% sympathy for this guy. He committed fraud, got way over his head and he thinks blogging about it is a good idea?!?!

    I hope my friends would pull me away from my keyboard should I ever find myself in such a predicament. (I reallyhope I'm not stupid enough to get into such a predicament -- this guy publicly admitted to committing fraud, even if he doesn't get charged, no hiring manager would ever touch this guy.)

    159   astrid   2006 Sep 22, 11:29am  

    skibum,

    Well, at least no meth labs...yet

    160   astrid   2006 Sep 22, 11:34am  

    Peter P,

    Sadly, most of these women aren't even in a position to demand condoms on their husbands. Women's rights is a life or death issue in much of the world.

    161   Peter P   2006 Sep 22, 11:34am  

    If it’s true that AIDS shouldn’t concern us since it’s a gay and drug user’s disease, then there are probably too many gays/drug users in South Africa and not enough in Saudi Arabia.

    It is more about protection and promiscuity.

    162   Peter P   2006 Sep 22, 11:37am  

    Sadly, most of these women aren’t even in a position to demand condoms on their husbands. Women’s rights is a life or death issue in much of the world.

    I agree.

    You may consider me heartless but I will not support foreign aid to any nation that will not take steps to regulate population growth.

    163   Peter P   2006 Sep 22, 11:38am  

    Then we gotta make stupid people having kids a crime! Or at least pay a hefty tax to counter all the free government handouts they’ll be receiving.

    Exactly. We talked about that a few threads ago.

    164   astrid   2006 Sep 22, 11:41am  

    SFGuy,

    I live several thousand miles away, so unfortunately I can't check up on his story. I hope for his sake that this is all a publicity gimmick. Admitting fraud on his loan application will jettison any chance of relief via bankruptcy.

    165   Peter P   2006 Sep 22, 11:42am  

    almost definitely so. (and IV drug use - I don’t think protection is enough in that case. People get desperate and take risks when they need to have their hit)

    What do you guys think about legalizing and taxing recreational drug uses? This may solve quite a few problems.

    166   astrid   2006 Sep 22, 11:43am  

    "Now if they could develop an innoculation for STUPID and IRRESPONSIBLE then I think they’re on to something."

    That sounds like a genetics solution. Would the medical ethicists decry the removal of stupidity and irresponsibility from the gene pool?

    167   astrid   2006 Sep 22, 11:55am  

    moderate infidel,

    Maybe in time. Meanwhile, the US government positively begs people to spend irresponsibly large amounts of money on home buying. They rigged the tax codes to favor home buying and provides loans for low income people who probably shouldn't be owning at all.

    But the FBs have only themselves to blame. When someone signs a document that makes them liable for 5 or 6 times their annual salary, they better make sure they understand every term and eventuality perfectly.

    168   Peter P   2006 Sep 22, 12:00pm  

    They rigged the tax codes to favor home buying and provides loans for low income people who probably shouldn’t be owning at all.

    So homeowners are happy and low-income people are happy for now...

    Only bubbleheads are upset but this group is tiny so it is expendable.

    169   Peter P   2006 Sep 22, 12:08pm  

    Big question: how can we know the "perfect" form of government if we do not understand the "perfect" moral system.

    Shouldn't we also discuss meta-ethics?

    170   skibum   2006 Sep 22, 12:11pm  

    SFGuy Says:

    I will entertain the possibility that other health issues are more important than AIDS, (cancer is the worse in my book, at least in the advanced world),

    Cancer may be "worse," but in terms of scope of the problem and disease prevalence, heart disease is the worst:

    http://www.cdc.gov/nchs/data/hus/hus05.pdf#029

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