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New MBS Liability Law: Good or Bad Idea?


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2007 Apr 10, 5:08am   22,988 views  248 comments

by HARM   ➕follow (0)   💰tip   ignore  

Mortgage Bondholders May Bear Subprime Loan Risk

Some excerpts:

The top Democrat and Republican on the House Financial Services Committee said investors in mortgage bonds should be liable for deceptive loans made by banks.

Democratic Chairman Barney Frank of Massachusetts and Spencer Bachus of Alabama, the committee's highest-ranking Republican, said such legislation would discourage lenders from extending loans to people with poor credit histories by making it more difficult and expensive for the banks to sell the mortgages.

``More money was being lent than should have been lent,'' Frank said in an interview from Washington. Frank, who last month predicted that the House would approve such a bill this year, said growth in the market for mortgage bonds ``provided liquidity without responsibility.''

...Bachus said he favors legislation similar to a law enacted in New Jersey in 2003 enabling homeowners whose loans are the result of predatory lending to gain compensation from lenders and investors who purchased the mortgages. The indemnity includes attorneys' fees, the borrower's total loan payments and the cost of terminating the borrower's remaining liability.

...By dispersing risk, the bonds fueled reckless and unscrupulous lending and compromised underwriting standards, he said. ``There should be a decrease'' in the money available for subprime mortgages, he said.

Reckless investors shouldn't receive any sympathy, Frank said.

Hmmm...

Ok, I'm as big a critic of the explosion of MBS/CDOs (as a prime cause/trigger) in the housing bubble as anyone on this blog. I basically agree with Frank's latter statements criticizing MBS/CDOs as encouraging reckless lending by dispersing too much risk away from loan originators (the banks & the retail mortgage brokers). But I'm not so sure that exposing MBS/CDO bondholders to massive lawsuit risk --on top of getting hosed by the BBB & Alt-A implosion-- is really the way to go here.

Come to think of it, aren't MBS/CDO bondholders pretty much holding the bag here already? They're pretty much the bottom guys in the mortgage food chain --after the originators and Wall Street middlemen have taken their cut and washed their hands of any risk or responsibility. After all is said and done, the only real legal/financial recourse the final bondholder has is to demand repurchase (by the originator) on MBSs that contain non-performing loans. If the originator is some fly-by-night New Century/Fremont/Ameriquest/MLS type outfit, and that outfit goes belly-up, then what options does the bondholder really have left? They basically have to eat the loss, right? Do they really deserve the threat of class-action lawsuits by FBs on top of already being stupid and broke?

If Congress wants to start regulating/curtailing fraud and reckless lending in the MBS bond markets, why not place a little legal liability on those who receive the maximum amount of profit for the very least amount of risk --the originating banks and mortgage brokers?

I'm all in favor of regulation that properly aligns risk with reward, but frankly I don't see how this proposal accomplishes that.
Your thoughts?

HARM

#housing

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107   Paul189   2007 Apr 10, 11:02am  

Trader,

You are spot on with the shell analogy.

108   e   2007 Apr 10, 11:16am  

Prop 13 is not the government's fault, it's the People

Hence, Prop 13, and not Law 13.

The People wanted it, and that's what they got. It is still super popular.

109   e   2007 Apr 10, 11:17am  

Taxes prior to Prop 13 were insane.

Absolutely - In states that didn't have Prop 13, their citizens all went bankrupt and then DIED of scurvy because they couldn't afford vitamin C anymore.

-because you don’t want a system which forces retirees out onto the streets because of the stupidity of others. Especially when they didn’t do anything to cause it.-

Absolutely - In states that don't have Prop 13, seniors are not only forced out of their homes on a daily basis, they're then ground up and provide heat for... gasp... schools.

110   Peter P   2007 Apr 10, 11:18am  

RE: forced out into the street

If the market desires, so be it.

I agree that property tax should not be based on some marked-to-market home prices though.

111   Peter P   2007 Apr 10, 11:25am  

This is not a video game and most of the time gradual reforms are almost always the safest bets…

Right. We should test it out first. Let's peddle Prop 13 on that virtual world so that some cartoonish seniors will not be forced out into the cartoonish street.

112   e   2007 Apr 10, 11:30am  

May I just say that it is very important to remember that many REVOLUTIONARY ideas that looked SENSIBLE ON PAPER resulted in great carnage (Communism, Fascism, the cultural revolution…)

I'll add to that "Option ARM" and "Condo Flipping"

113   HARM   2007 Apr 10, 11:40am  

Right. We should test it out first. Let’s peddle Prop 13 on that virtual world so that some cartoonish seniors will not be forced out into the cartoonish street.

:lol: And let's not forget the cartoon Boomers that will tar-and-feather any politician that suggests 'reforming' their Holy cartoon Prop. 13, Third Rail of cartoon Clownifornia.

114   e   2007 Apr 10, 11:43am  

Actually, has any other state implemented something like Prop 13?

I know a few were considering it...

115   Peter P   2007 Apr 10, 11:46am  

I know a few were considering it…

Trust me. It is the trend. Fortunately, they are comtemplating it at the top of a cycle.

116   e   2007 Apr 10, 11:55am  

Right. But still, it's really easy to sell the Thatcher line:

And, you know, there is no such thing as society. There are individual men and women, and there are families.

I really hope more states adopt it. That should put the final nail in our nation.

117   HARM   2007 Apr 10, 11:55am  

Actually, has any other state implemented something like Prop 13?
I know a few were considering it…

Yes: Florida. "Save Our Homes" (1992)
http://www.co.palm-beach.fl.us/papa/SaveOurHomes.htm

118   HARM   2007 Apr 10, 11:58am  

Funny how the two states with Prop. 13 laws on the books are the ones most associated with the housing bubble.

119   Peter P   2007 Apr 10, 12:02pm  

I definitely prefer having a market process to ensure that land uses are being optimized. Prop 13 is nothing more than a rent control program (for land).

120   Sandibe   2007 Apr 10, 1:00pm  

From the summary that Trader provided, the NJ law does not impose liability (whether on the originator or on the investor) for fraud. It limits the amount of fees and points that borrowers can be charged, prohibits negative amortization loans and mostly restricts the types of provisions you can have in a loan. So long as the loan do not contain the prohibited provisions, and the borrower signs the appropriate forms, the law does not appear to impose any liability, even if the borrower is borrowing beyond his means, being duped by his mortgage broker or the victim of compromised lending standards. What Barney Frank and Spencer Bachus are proposing, and what PAR and Trader support, is very different from than what the NJ law contemplates.

121   skibum   2007 Apr 10, 1:12pm  

I will be checking into rehab after I meet with a schoolroom full of prop 13 owners to apologize to them as well as Al Sharpton.

LOL. What a charlatan that Al Sharpton is.

122   skibum   2007 Apr 10, 1:13pm  

May I just say that it is very important to remember that many REVOLUTIONARY ideas that looked SENSIBLE ON PAPER resulted in great carnage (Communism, Fascism, the cultural revolution…)

Bottom Line:

This is not a video game and most of the time gradual reforms are almost always the safest bets…

TOS,

You are truly the master of setting up straw man arguments to knock down. That's right. Doing away with Prop 13 is just like imposing communism or fascism.

123   surfer-x   2007 Apr 10, 1:15pm  

My only issue with prop 13 is that Mr&Mrs McDebtor do not have their property tax re-adjusted when they refi their McChateau. If you refi your McChateau you are actually selling it to yourself. Why not tax them at the higher rate?

124   Malcolm   2007 Apr 10, 1:28pm  

HARM
So you say retirees are “forced out into the street”, eh? They cannot just “sell their expensive city house” and move to another house in a cheaper area (they way people used to do before prop. 13)? And if they insist on keeping that expensive city house (near the jobs they no longer need to commute to), they cannot get a reverse mortgage to help pay the taxes and upkeep? I am somewhat skeptical about this claim.

Great, so someone worked their whole life paid their house off, is in retirement, and because HARM's agenda is not in line with theirs they have the joy of leaving their house to move. Way to promote the disposable society. Thank God it was an initiative that would take a super majority to overturn.

125   Malcolm   2007 Apr 10, 1:36pm  

HARM Says:
April 10th, 2007 at 6:58 pm
Funny how the two states with Prop. 13 laws on the books are the ones most associated with the housing bubble.

What is your deal with this? This is almost self answering since living in those states past retirement would be miserable with volatility forcing you out of your house. Most impartial people would have to agree that we don't want public policy which says too bad to someone who has been in their house for what you determine to be too long. This sort of class envy is really distasteful. They had to pay the assessed rate when they bought, if you think it is too high at the present then don't buy. You don't get to just change the laws when you want to.
Also, if you are so solid on your argument, you would have to agree that a tax that penalizes new buyers more than the old ones puts DOWNWARD pressure on prices. You're shooting yourself in the foot for the sake of ....what?

126   Different Sean   2007 Apr 10, 1:36pm  

What’s worse is that Jack Guttentag (Mtg. Prof.) has already said that the MB’s are fighting disclosure on YSP (yield spread premiums) tooth and nail!

My sub-prime MB mate in DC gets something like 5% commission for landing a loan, in one up-front payment, I don't believe they get trailing commissions. The 5% is a mix of YSP and borrower charge. They also have a couple of other bloated fees for credit checks and so on. Maybe that's why they clear $250K a year in the business, while working from home and never having to commute or answer to a boss... It's a hard life...

127   Malcolm   2007 Apr 10, 1:38pm  

My only issue with prop 13 is that Mr&Mrs McDebtor do not have their property tax re-adjusted when they refi their McChateau. If you refi your McChateau you are actually selling it to yourself. Why not tax them at the higher rate?

No they are getting a loan and using the house as collateral. We can be as figurative as you want but you getting a cash advance on your credit cards would have sales tax if you followed that logic. Also, why do you even care what an FB does. You're smarter than them, just sit back and let them hang themselves, then come in and clean up.

128   Different Sean   2007 Apr 10, 1:39pm  

News story last night said that inflation in food is significantly outstripping CPI...

Inflation in food could be due to higher freight costs from oil price rises, or it could also partly be a spin-off effect from the housing boom.

Ironically, the CPI is calculated on the cost of a 'basket of goods' -- so how long is it before this flows through to a CPI/inflation level of say 8%? The 'basket of goods' includes rents but not mortgage payments, interestingly.

So now we are seeing higher fuel prices, higher rents, and higher food prices. Apart from higher mortgages. What happens next?

129   Malcolm   2007 Apr 10, 1:45pm  

For those that are wanting all of these reforms to punish people for whatever reason, keep in mind that you are limiting your own potential gains when you regulate a system to the point that it doesn't produce any wealth. I've said it before, the fundamental reasons for home ownership are sound. It provides stability over the long haul as a hedge to increasing rents, it becomes an asset with equity to sell, and when it is yours it is a very secure source of shelter for retirement.

130   Malcolm   2007 Apr 10, 1:46pm  

DS - are the numbers really showing increasing rents?

131   Brand165   2007 Apr 10, 2:03pm  

News story last night said that inflation in food is significantly outstripping CPI…

Corn has doubled in price to $4 thanks to the ethanol boom. Corn serves as feedstock for cows and pigs, provides corn syrup for everything that Americans drink, yields corn starch for mass-manufactured munchies, and has byproducts used in a lot of agricultural applications. I'll bet corn is behind at least some of the food inflation.

132   Brand165   2007 Apr 10, 2:09pm  

btw, Malcom, it's rather confusing reading your posts sometimes. When quoting others, please start using either quotes ("") or italics to denote when you're quoting other people. It also helps to indicate the person being quoted, ex.: Peter P says: The government should abolish the property tax and give us free sushi.

133   Brand165   2007 Apr 10, 2:11pm  

Let's see if the escape characters come out right for the italics tags:

Italics. <I> to open italics, </I> to close italics.

134   Different Sean   2007 Apr 10, 2:12pm  

The inflation in food and rents is in Australia. However, the oil price shocks of the 70s showed that increases flow into just about every type of commodity due to 1) increased freight costs and 2) the fact that many many things are petroleum byproducts including plastics. Our entire experience of modern living depends somewhat upon oil.

Rents are up partly due to this:
Who's raising the rent?

135   Different Sean   2007 Apr 10, 2:16pm  

The irony is that as house prices flag and fall, rents go up. I think it's just a flow-on effect -- the REI wants to keep the party going, so they decide the strategy is to pump rents at the tail-end of the boom to justify ongoing high purchase prices. Further, all the underwater recent specuvestors have to make their places pay somehow, so they decide en masse they will crank rents -- if enough of them do it, then it creates a new market high point for rents, and investors who bought ages ago and are not in any trouble say "what the heck, I may as well follow suit and cash in, that's why I bought an investment property 15 years ago" as well...

136   Randy H   2007 Apr 10, 2:27pm  

FAB

The link's dead now, although I did get a chance to read the Second Life part earlier before my Comcast decided to die for the day. If you find another link please post it. I'm thinking of sending Gross my SL research, longshot though it may be.

137   Busted   2007 Apr 10, 2:30pm  

"A Word of Advice During a Housing Slump: Rent"

Very good article just posted an hour ago on NYTimes.com on renting vs. buying

http://www.nytimes.com/2007/04/11/realestate/11leonhardt.html?em&ex=1176350400&en=486f3bd57a817724&ei=5087%0A

138   FormerAptBroker   2007 Apr 10, 2:44pm  

Randy H Says:

> FAB The (pimco) link’s dead now.

It looks like the pimco.com site is down tonight so try the tiny URL tomorrow.

139   Malcolm   2007 Apr 10, 2:47pm  

the REI wants to keep the party going, so they decide the strategy is to pump rents at the tail-end of the boom to justify ongoing high purchase prices. Further, all the underwater recent specuvestors have to make their places pay somehow, so they decide en masse they will crank rents — if enough of them do it, then it creates a new market high point for rents,

But you can't believe there is some entity pricing rents according to some agenda, and given an oversupply of a commodity it can't matter what the high point is.

140   Malcolm   2007 Apr 10, 2:48pm  

Sorry tried the italics and it didn't work.

141   Peter P   2007 Apr 10, 2:50pm  

The government should abolish the property tax and give us free sushi.

Did I say that? I would be happy enough if there was no sales tax for sushi. :)

142   Malcolm   2007 Apr 10, 2:51pm  

It did, just not noticeable on large paragraph, thanks for the tip.

143   Malcolm   2007 Apr 10, 2:54pm  

Peter, you've got to see the key lime pie I brought back to the hotel room. Man the people out here know how to eat.

144   Peter P   2007 Apr 10, 2:55pm  

Peter, you’ve got to see the key lime pie I brought back to the hotel room. Man the people out here know how to eat.

Key lime pie? :-D

145   Malcolm   2007 Apr 10, 2:58pm  

Out here in NM things are a little outdated, many things are broken, lots of abandoned properties, but the people are really friendly and I haven't had a bad meal.

146   thenuttyneutron   2007 Apr 10, 3:01pm  

I can say one good thing about the loan sharks of the mortgage industry. If you don't pay the loan back, I highly doubt that they will break your knee caps with a sledge hammer. They may ruin your life forever, but they will let you keep the ability to walk.

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