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The limits of "Caveat Emptor"


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2007 Jan 25, 7:23am   27,817 views  239 comments

by HARM   ➕follow (0)   💰tip   ignore  

Countrywide's CEOAlan GreedspanDavid LiarRealtwhoreCrooks & Liars

Quite a lot of debate among us Amerika-and-success-hating Patrick.netters has focused on where to lay the responsibility for the current housing bubble crash (which doesn't exist, btw). For most of us, it's not a strictly either/or binary choice between sellers or buyers, or lenders vs. regulators. There is plenty of blame to go around, and sometimes it seems very hard to sort out exactly who was responsible for what part of this slow-motion train wreck we've been spectators to.

However, I've noticed a recurring theme among some of the big-"L" Libertarians* here and elsewhere: the belief that most (if not all) of the blame and responsibility deserves to be lain at the feet of f@cked borrowers. (*disclaimer: I consider myself a small-"l" libertarian who thinks some regulation of the right kind is not only desirable, but necessary for "free markets" to function in a way that benefits everyone --not just banksters and crooks).

Now, I'm as pro-caveat emptor as the next guy, and I sure as hell do not have much sympathy for lazy, greedy clowns like Casey Serin or Howmuchamonth retards who "can't" even try to understand the terms of a mortgage before signing their names. But somehow, the idea that the banksters, bubble-blowing Federal Reserve, fly-by-night mortgage brokers, hit-the-number appraisers, "it only goes up" Realtwhores, and assorted other professional crooks and lying scumbags have NO responsibility whatsoever beggars belief.

No one put a gun to anyone's head --this is true. But it's also true that no one asked ME whether or not it was *good idea* to start handing out unsecured $million-dollar neg-am loans to unemployed 24-year-old con artists. It's also true that if I choose to buy in the current market, I have *no choice* but to compete against unemployed 24-year-old con artists with unsecured $million-dollar neg-am loans. And guess who's more likely to win that bidding war? Anyone...?

Oh, and thank God for renting. Without it, my only other "free will choice" for shelter would be pitching a tent in the local park or living out of my car.

I completely agree that I, as a prospective buyer, have a certain responsibility to educate myself about any deal --and the risks-- before entering into it. And I agree that there is no risk-free transaction. However, I --like most people-- am not a professional real estate expert nor a financial wizard. Don't I have *some right* to expect that the people who are legally employed as market "professionals" behave in a marginally professional and lawful way (i.e, not trying to anally rape me at every opportunity)? Don't I, as a citizen, have *some right* to expect that the people who I've voted into office and whose salaries I'm paying (Congress, President, state legislators, etc.) will "regulate" on my behalf occasionally ? At the very least, shouldn't I be able to expect them NOT to rig the system to reward my being ass-raped and then hand a jar of Vaseline to my attacker? Am I being ridiculously naive here?

In any voluntary transaction, there are always at least two parties involved --a buyer and seller-- whose actions (ethical or otherwise) will affect the outcome. And when it comes to most mortgage transactions, there often is as many as 5 directly interested parties:

(1) MBS-NAAVLP retail broker/lender (sub-contractor),
(2) realtwhore (acting as seller's agent),
(3) hit-the-number appraiser,
(4) seller,
and lastly, (5) the buyer.

Add to that 3 additional parties that --while not directly involved in any particular RE transaction-- largely determine how the macro-liquidity game is rigged, and in whose favor:

(1) rate-manipulating, bubble-blowing Fed,
(2) MBS investors and foreign central banksters (who front NAAVLP money to retail lenders),
(3) complicit and/or asleep-at-the-wheel Congress & state government.

Consider your average American. Consider your own brother or sister. Do you think think bro/sis really has the financial prowess and intellect to single-handedly defeat a game systematically rigged over decades to favor all the other parties against them? When all the "experts" are using huge marketing budgets, FUD, blatantly manipulated data and government backing that "proves" what a sweet deal the American Dreamâ„¢ is vs. "being priced out forever", what chance does s/he stand on her own? I mean, you're the only one saying otherwise, and your opinions don't count because you're a lowly JBR, right?

Let's be realistic. I'm always rooting for David, but when he's facing 7 Goliaths and God's taking a siesta, his odds don't look so good.

Come to think of it, should I be responsible for policing my own neighborhood, too? Or running my own court system and jails? Have we grown so jaded about being being raped by the very pols and "regulators" (supposedly elected to serve our interests and uphold the law) that we've forgotten WHY they're supposed to be there in the first place?

I forget --aside from lining their own pockets, what exactly is the purpose of government again?

Just wondering aloud...
HARM

#housing

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101   SFWoman   2007 Jan 26, 3:41am  

Peter P.,

Most people I know who are Libertarians are opinionated and feel quite free to speak them. Not voicing your concerns about government wrongdoing is a pretty dangerous thing, IMHO. Democracies require that people do put checks on government.

Anyway, one of my favorite "Better Know a District" segments, with Congressman Lynn Westmoreland:
http://youtube.com/watch?v=xzeYVKuL_LY

102   HARM   2007 Jan 26, 3:49am  

Gotta weigh in with SFWoman on the free speech issue. Free speech is just that --the right to be a complete asshole if you want to and say things that make other people uncomfortable. And it's essential that it be protected for any functioning democracy. Otherwise, what good is it? Every country protects the right to *socially acceptable* and *polite* speech, even the Taliban. Of course, that's as long as the Taliban gets to determine what constitutes *socially acceptable* speech.

Oh, and I agree there are extremists on either end of the spectrum that want to crush it --PC lefties that don't want any "minority" group offended, and RaptureReady types that don't want us to read any book other than the Bible.

103   Allah   2007 Jan 26, 3:55am  

How desperate can they possibly get? This would actually be a great deal if the bankruptcy laws were more lenient. Live free for 2 years and then declare bankruptcy! Rinse and repeat!

104   HARM   2007 Jan 26, 3:59am  

Of course, sometimes there are negative legal consequences for saying things that cause harm to other people --such as slander, libel & physical threats. But aside from that, you're still free to be a complete asshole. And that's the way it should be.

105   Peter P   2007 Jan 26, 4:13am  

But aside from that, you’re still free to be a complete asshole.

I agree. Animals have no rights! ;)

106   DinOR   2007 Jan 26, 4:17am  

allah,

Kind of wondered about that one myself. It's plastered all over C/L! What's odd, with all the saber rattling about mortgage fraud is that this guy is very openly offering HUGE "cash back" offers! Now that this has been properly identified for what it is (blatant theft) the last refuge of the specuvestor has been shut off.

The pictures make it look very nice though, thanks.

107   bikes2work   2007 Jan 26, 4:31am  

Completely OT, but Microsoft has really cool birds-eye photos from 4 angles for most of the Bay Area. I don't know how long it has been there, but it is new to me. It is really cool, so I thougth I'd share:

http://maps.live.com/

You can really get a good view of the neighborhoods in San Francisco.

108   e   2007 Jan 26, 5:04am  

The pictures it has of shoreline amp shows a concert in progress:

http://tinyurl.com/32f2ce

109   e   2007 Jan 26, 5:05am  

From the casey thing:

Nigel, yes you can definitely publish. I sent the following message to
Keith of HousingBubble and louminatti guy too. And I posted a comment on Robert Cote's blog. That should be enough to let people know what's going on.

Robert has a blog?

110   Allah   2007 Jan 26, 5:10am  

Here’s the full story on why Casey’s site is down…

Casey's site is not down, I've just been there.

111   Allah   2007 Jan 26, 5:26am  

DinOR,

Yes, I picked that up from C/L. I read into it and they have 3 different plans. The first plan is no payments and no taxes for 4 years. Now had I not any assets or excellent credit, I would have been all over this like hair on a
gorilla! 4 years free living and then just walk away!

112   DinOR   2007 Jan 26, 5:45am  

allah,

It's just incredible the lengths people are going to keep "this thing of ours" alive isn't it? The rental guarantees are pretty hysterical too! Like getting decent long term renters is as easy as calling room service? Oh this I GOTTA see.

113   e   2007 Jan 26, 5:46am  

I don't get that ad.

What's the upside for the seller?

114   e   2007 Jan 26, 5:52am  

Even if the current administration is guilty of suppressing the truth, it is a far cry from the repression experienced by, say, a political dissident in a Chinese prison.

Whoa, easy there. This is bordering on Godwin's Law.

http://en.wikipedia.org/wiki/Godwin's_law

That's like saying "Well, compared to the Sun, there's no global warming here."

A better comparison would be USA 2007 vs... say USA 1997... or even USA 1987.

115   Allah   2007 Jan 26, 6:02am  

I don’t get that ad.

What’s the upside for the seller?

The seller gets the place sold. What they do is sign you up for a loan that is larger than the purchase price (enough to carry mortgage and taxes for 2 or 4 years). That extra money that you get back (which is really more money that you borrowed), you put aside in an account to make the payments. It's just another way of getting you to overpay for the place, but seem like it's a great deal. It's not, but if you don't have anything to lose, you can just walk away at the end of the free period....but then again, if you don't have good credit, they probably can't get you that deal. A deal like this would appeal to the how-much-a-month crowd; the whole thing is a fraud, it's amazing that they haven't been busted yet.

116   SFWoman   2007 Jan 26, 6:24am  

SP,

Tee shirt man was crude, but there's the slippery slope issue. I normally find the slippery slope argument annoying, but I do think that is how our particular society could evolve into one in which the only free speech would be that which agrees with the administration's, or is politically correct. Accusing people of being unpatriotic or of endangering our society because they don't agree with the government is definitely a suppression of dissent.

I've seen perma-bulls do that on this site. "Why do you want the country to fall to ruin by wishing for a housing crash?" or the attempted shame "You renters are just jealous at everybody else's good fortune in the real estate run up." Or the pegging you as an outsider "What, you don't want/need to be part of the American Dream(TM)? What's wrong with you?"

I say when we see the thought/speech police come out for any reason, be they fascists or politically correct types (who I am sure are using their PC ideology more for personal gain than any sort of real equality fix) we call them on it.

117   tsusiat   2007 Jan 26, 6:45am  

SFWoman,

your point is well taken. What's wrong with a little bit of disagreement? This was set up as a democracy.

Free markets can't operate without bulls and bears anyway.

Rome was set up as a republic, just like the US (even if their ideas about citizenship were different). Mind you, look at what happened to Rome in the long run...

118   FormerAptBroker   2007 Jan 26, 6:46am  

SP Says:

> I saw in Valley Fair wearing a “shut up
> b*tch” t-shirt. SFWoman Says:

Then SF Woman Says:

> SP, Tee shirt man was crude, but there’s the slippery
> slope issue. I normally find the slippery slope argument
> annoying, but I do think that is how our particular society
> could evolve into one in which the only free speech would
> be that which agrees with the administration’s, or is
> politically correct.

Not to pick on Raider fans today, but last season at a Raider Game I saw a “I Left the Bitch at Home” T-Shirt and on the way out of the parking lot I saw a guy on a Harley with an “If You Can Read This, The Bitch Fell Off” T-Shirt…

I am not offended by anything (many people have tried to come up with something, but I really don’t care what others do, wear or say). I just wish that people would worry more about their own life and do their own research (so they can worry less about people that tell them real estate always goes up, or a stock is a “sure winner”)…

119   e   2007 Jan 26, 6:53am  

Rome was set up as a republic, just like the US (even if their ideas about citizenship were different). Mind you, look at what happened to Rome in the long run…

Uh, did you just copy this from the comment thread in Ben's blog?

Comparing Rome to the US is one of the most ridiculous things I've heard today. I'm not saying that we're in better shape, or worse shape, but they're completely different.

120   e   2007 Jan 26, 6:55am  

Since you’re obviously familiar with Godwin’s law, the irony should be self-evident. :-)

Touche!

121   SFWoman   2007 Jan 26, 7:05am  

tsusiat,

I love a good spirited, well thought out debate. I get annoyed when an opinion different than that of the other person's automatically qualifies you as 'unpatriotic', 'anti-Semitic', 'racist','intolerant', etc. PCism becomes a rather blunt instrument with which to club people as easily as fascism or wielding the bible as a weapon.

We are finally getting some rain here. I was starting to get worried about the water situation in the country.

122   Allah   2007 Jan 26, 7:23am  

I recommend these t-shirts.

123   Randy H   2007 Jan 26, 7:31am  

FAB

I think it was around the year that I struggled through Atlas Shrugged for the first time that I stopped blaming others and took full responsibility for everything that happens in my life…

You are more likely an Objectivist than a Libertarian. Ayn despised Libertarians, calling them pseudo-intellectual cranks, or conservatives disposed to engaging in various vices.

The problem with today's Libertarians, and I've met quite a few (and disposed one from elected city office when I lived in Belmont) is that they are often nothing more than overly intelligent narcissists in political ideologists clothing.

TJ Rogers came to speak to us back in B-School. Our prof introduced him as a Libertarian, and he almost ripped the poor guys spine out on the spot. It was around then I realized that hardcore Objectivists -- the ones who actually read and got Ayn -- would rather all the Libertarians would pack up and go join whichever party they're hiding from.

124   sobs   2007 Jan 26, 7:59am  

overly intelligent narcissists in political ideologists clothing

Ooooh. It gives me shivers when you talk like that, baby ....

125   Randy H   2007 Jan 26, 8:11am  

Ooooh. It gives me shivers when you talk like that, baby ….

Sorry, suffering serious blog burnout. I inadvertently pissed off an entire online computer game cult get-rich-quick phenomenon by something I wrote on my blog, and I've been under attack for the last few days. Lesson: people don't like having their bubbles burst, no matter what those bubbles are.

126   tsusiat   2007 Jan 26, 8:24am  

eburbed,

if you aren't aware of the numerous parallels between the constitutional aims of your founding fathers and the principles they drew from the Roman Republic, I suggest you google those phrases - Rome, founding fathers, republic.

Then I suggest you read some translations of Livy, and follow that up with a translation of Suetonius' 12 Caesars. If you don't see the parallels between the behaviour of some of the caesars and some recent presidents, post back with your own interpretation and/or analogy.

Or you could read this:

http://www.newstatesman.co.uk/200308250013

And no, I don't pay any attention to Ben, and have no clue about his blog.

127   tsusiat   2007 Jan 26, 8:25am  

And what exactly is wrong with referring to Rome in a blog that mentions "caveat emptor" as the topic, anyway?

128   DinOR   2007 Jan 26, 8:26am  

danville woman,

Floating Rate funds have a tendency to be quite a bit more labor intensive. Because these don't really "trade" they are illiqiud and each loan has to be screened, analyzed, selected and monitored.

The asset class as a whole is fairly new (late 80's) and up until maybe 2003 had "quarterly redemption windows". Now with daily liquidity they have become much more accessible (and useful) to retail investors. Typically they track LIBOR rates. The expenses DO look high and with that kind of yield my guess is that their is a fair amount of leverage AND junk in their too? (Peter P help me out here)

Loans default. It's part of the business. One of three ways to go here. Lower expenses and run the risk of higher default rates OR! 2) staff up and scrutinize the hell out of 'em and brag that while you have lower yields "you've never had to eat a default!" (Institutions love that pitch).

The 3rd option is to sell off anything that looks like it's struggling (airlines, telecom) but when you go this "my hands are clean" route you're not going to be around when they liquidate assets. Remember these are Senior Subordinated Loans so after Uncle Sam and the "help" you are next in line!

My question is, now that the big move is basically over and no clear consenus on the Fed's next move are you encountering opportunity cost?

Someone? Anyone?

129   lunarpark   2007 Jan 26, 8:27am  

Update on my friend who is trying to sell her house in Cupertino...

The house was on the market last fall/winter and did not sell. I didn't realize this, but my friend told me that she received numerous "low ball" offers ranging from $50k to $20k off the asking price. She did not accept any of these offers. She was getting ready to relist, when the couple who had offered her $20k off last year made the same offer. She turned them down again. They then offered her asking price, which she is going to accept (even though Spring is going to be a seller's market in Cupertino, according to her). It comes as no surprise that the family is buying for the school district.

130   DinOR   2007 Jan 26, 8:31am  

Randy H,

You mean "virtual whores" can be vindictive?

131   surfer-x   2007 Jan 26, 8:31am  

They then offered her asking price, which she is going to accept (even though Spring is going to be a seller’s market in Cupertino, according to her).

Now that's just down right white of her, "mighty white" as one might say. Personally I wouldn't be friends with one so weak, of course the spring is going to be huge. How could she turn her back on an extra 100K of house winnings? What a quitter.

132   e   2007 Jan 26, 8:32am  

It comes as no surprise that the family is buying for the school district.

Could you find out the following?
1) Where does the buyer husband and wife work?

2) Are they hiring?

133   lunarpark   2007 Jan 26, 8:37am  

X - Yes she is a total quitter. I would have held out for at least $1 million, I mean it IS Cupertino.

eburbed - I do not know anything about the buyers except that they are Asian. And also that they didn't like the way the children in the San Jose schools looked, whatever that means.

134   e   2007 Jan 26, 8:44am  

if you aren’t aware of the numerous parallels between the constitutional aims of your founding fathers and the principles they drew from the Roman Republic, I suggest you google those phrases - Rome, founding fathers, republic.

Yes I get that. I did quite well on the European History AP exam. However, to look at the way Rome fell - and say that the USA is on the same trajectory is ridiculous. The usual suspects are high immigration, enormous welfare rolls, etc. I don't think the illegal immigration problem can be compared to the Goths, nor would I agree that our Congress has become a rubber stamp to the emperor/presidency. Especially with our new Congress.

135   e   2007 Jan 26, 8:46am  

eburbed - I do not know anything about the buyers except that they are Asian. And also that they didn’t like the way the children in the San Jose schools looked, whatever that means.

Doh.

I'd love to learn more about their finances. Are they doing 100% IO? Or are they Google employees?

136   lunarpark   2007 Jan 26, 8:53am  

eburbed - She told me that they are pre-approved, but nothing about the loan. I think she just got the offer so I don't think she knows much. I will find out everything though, she likes to talk :)

The lady across the hall from me sold her condo for $30k under asking. Maybe there is weakness in the condo market in Cupertino? I do not know. Nor do I care, unless my rent goes up (a lot).

137   HARM   2007 Jan 26, 9:09am  

The usual suspects are high immigration, enormous welfare rolls, etc. ...nor would I agree that our Congress has become a rubber stamp to the emperor/presidency.

Ummm... I know that history never exactly repeats itself (though it often "rhymes"). But given your above list, you don't see any parallels to today?

138   surfer-x   2007 Jan 26, 9:21am  

“Frisco values”

I don't think I like your tone Sir. What? Certainly you aren't suggesting there is something wrong with having an albino transvestite suck you off on a muni bus being careful not to spooge on your bag of medicinal reefer tucked in your prada back pack as you go home to your toney loft condo to snort coke off of a teenage prostitute you bought off of craigslist now are you?

139   Different Sean   2007 Jan 26, 9:38am  

OK, I'll bite, just to put this thing away, probably violating the tenet that you should "never argue with an idiot -- they will only drag you down to their level and beat you with experience."

Punchbowl Says:
DS, don’t be silly about claiming Trotsky as inspiration. Some of my best friends are Trotskyites.

That's pretty unlikely.

I just think that HARM is wrong about more regulation being needed. Fraud is already a criminal offense. If fraud has been done, then let the perpetrators be punished, criminally and civilly. People who have made misrepresentations that resulted in losses to others deserve to be behind bars or have their assets confiscated.

Yes, I could see why disagreeing with HARM means you call another poster a Stalinist.

That makes me a libertarian, not a specuvestor. Meanwhile, you’re still a Stalinist.

I have certainly posted some thoughtful critiques of so-called 'libertarianism' in the past and in this thread in fact, based on actually looking at this stuff in sociology and social policy classes. Being an almost uniquely American phenomenon, it doesn't really concern me directly to study it in great detail, though.

I'm not a Stalinist, nor a Trotskyist, nor a Leninist, etc etc. I may be a small-m marxist of sorts. I suppose I am really a Fabian Socia1ist with postmodernist realisations, and with concomitant regard for ethics and human rights -- that's the whole point of Fabianism. While Stalin took Russia from being a peasant-based agrarian society into industrialisation, he did it often at the expense of human rights, as even Russian govts have admitted now. Stalinism continued to flavour the style of Russian Communism up until the collapse of the Soviet Union. I would never support the violation of human rights and rights to safety and security of person that took place under Stalin's regime. For example, 'liquidating the kulaks' as you have put forward. (Note that Lenin signed off on orders to hang and persecute these people.) Further, as a Fabian Socia1ist, I don't even agree with the fundamental of Marxist theory that a better society can only be achieved through a process of revolution, which disqualifies me straight away from being stalinist, leninist, trotskyist or even communist. I believe there is too much upheaval and too many violations of ethics to justify a revolution except under the most extreme circumstances. And if a revolution should ever occur, due to extreme corruption, inequality or failure to recognise rights in a society, it is essential to conduct it in a way that demonstrates fundamental ethics.

And as many contemporary critics of Marx pointed out, his formulation of communism would likely lead to repressive totalitarian states.

What we have seen in the evolution of the 20th century welfare state is fabian socia1ism at work -- old age pensions, unemployment benefits, a progressive income tax, access to free or low cost healthcare, education and housing, where these things are not reliably being provided by the market to guarantee the welfare of all citizens. I could obviously write whole books about this change, I'll restrict it to one paragraph here.

Further, you will see that many of my proposals are already being enacted even in Anglo-based welfare states, traditionally at the bottom of the heap of welfare states in taxonomies. So it is not even extreme in the worst welfare states.

I can see, however, that getting caught up into the whole libertarian mindset and complex of ideas would sensitise you into seeing implications in remarks that aren't there, or to be tempted to engage in 'splitting' or swinging to black and white extremes in interpretations of everything. I believe that these libertarian assertions can be very easily critiqued, as per the Anna Yeatman quote I inserted earlier. Libertarianism seems to be a strange development of Scots and Irish refugees from English rule and dispossession from lands expanding into some very generous New World territory and coming up with a bunch of ideas to justify it. However, it flies in the face of reality and entrenched systems of government, the idea of the polity and recognition of citizen's rights and the very concept of citizenship. Plenty of other posters here have also critiqued so-called libertarianism, perhaps you should go after them with extreme, unjustified name-calling as well... they will probably put up less of a fight for a start, and they won't have a social sciences degree and training to start really picking it to pieces if provoked...

140   SFWoman   2007 Jan 26, 10:00am  

Hmmm, here is history exactly repeating itself (I came across this last week.)
http://net.lib.byu.edu/~rdh7/wwi/1918p/mesopo.html

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