Community Reinvestment Act at fault -- NOT 
From: 
Slate Magazine / moneybox

Subprime Suspects
The right blames the credit crisis on poor minority homeowners. This
is not merely offensive, but entirely wrong.

By Daniel Gross
Posted Tuesday, Oct. 7, 2008, at 2:08 PM ET

We've now entered a new stage of the financial crisis: the ritual
assigning of blame. It began in earnest with Monday's congressional
roasting of Lehman Bros. CEO Richard Fuld and continued on Tuesday
with Capitol Hill solons delving into the failure of AIG. On the
Republican side of Congress, in the right-wing financial media (which
is to say the financial media), and in certain parts of the
op-ed-o-sphere, there's a consensus emerging that the whole mess
should be laid at the feet of Fannie Mae and Freddie Mac, the failed
mortgage giants, and the Community Reinvestment Act, a law passed
during the Carter administration. The CRA, which was amended in the
1990s and this decade, requires banks-which had a long, distinguished
history of not making loans to minorities-to make more efforts to do
so.

The thesis is laid out almost daily on the Wall Street Journal
editorial page, in the National Review, and on the campaign trail.
John McCain said yesterday, "Bad mortgages were being backed by Fannie
Mae and Freddie Mac, and it was only a matter of time before a
contagion of unsustainable debt began to spread." Washington Post
columnist Charles Krauthammer provides an excellent example, writing
that "much of this crisis was brought upon us by the good intentions
of good people." He continues: "For decades, starting with Jimmy
Carter's Community Reinvestment Act of 1977, there has been bipartisan
agreement to use government power to expand homeownership to people
who had been shut out for economic reasons or, sometimes, because of
racial and ethnic discrimination. What could be a more worthy cause?
But it led to tremendous pressure on Fannie Mae and Freddie Mac-which
in turn pressured banks and other lenders-to extend mortgages to
people who were borrowing over their heads. That's called subprime
lending. It lies at the root of our current calamity." The subtext: If
only Congress didn't force banks to lend money to poor minorities, the
Dow would be well on its way to 36,000. Or, as Fox Business Channel's
Neil Cavuto put it, "I don't remember a clarion call that said: Fannie
and Freddie are a disaster. Loaning to minorities and risky folks is a
disaster."

Let me get this straight. Investment banks and insurance companies run
by centimillionaires blow up, and it's the fault of Jimmy Carter, Bill
Clinton, and poor minorities?

These arguments are generally made by people who read the editorial
page of the Wall Street Journal and ignore the rest of the
paper-economic know-nothings whose opinions are informed mostly by
ideology and, occasionally, by prejudice. Let's be honest. Fannie and
Freddie, which didn't make subprime loans but did buy subprime loans
made by others, were part of the problem. Poor Congressional oversight
was part of the problem. Banks that sought to meet CRA requirements by
indiscriminately doling out loans to minorities may have been part of
the problem. But none of these issues is the cause of the problem. Not
by a long shot. From the beginning, subprime has been a symptom, not a
cause. And the notion that the Community Reinvestment Act is somehow
responsible for poor lending decisions is absurd.

Here's why.

The Community Reinvestment Act applies to depository banks. But many
of the institutions that spurred the massive growth of the subprime
market weren't regulated banks. They were outfits such as Argent and
American Home Mortgage, which were generally not regulated by the
Federal Reserve or other entities that monitored compliance with CRA.
These institutions worked hand in glove with Bear Stearns and Lehman
Brothers, entities to which the CRA likewise didn't apply. There's
much more. As Barry Ritholtz notes in this fine rant, the CRA didn't
force mortgage companies to offer loans for no money down, or to throw
underwriting standards out the window, or to encourage mortgage
brokers to aggressively seek out new markets. Nor did the CRA force
the credit-rating agencies to slap high-grade ratings on packages of
subprime debt.

Second, many of the biggest flameouts in real estate have had nothing
to do with subprime lending. WCI Communities, builder of highly
amenitized condos in Florida (no subprime purchasers welcome there),
filed for bankruptcy in August. Very few of the tens of thousands of
now-surplus condominiums in Miami were conceived to be marketed to
subprime borrowers, or minorities-unless you count rich Venezuelans
and Colombians as minorities. The multiyear plague that has been
documented in brilliant detail at IrvineHousingBlog is playing out in
one of the least-subprime housing markets in the nation.

Third, lending money to poor people and minorities isn't inherently
risky. There's plenty of evidence that in fact it's not that risky at
all. That's what we've learned from several decades of microlending
programs, at home and abroad, with their very high repayment rates.
And as the New York Times recently reported, Nehemiah Homes, a
long-running initiative to build homes and sell them to the working
poor in subprime areas of New York's outer boroughs, has a repayment
rate that lenders in Greenwich, Conn., would envy. In 27 years, there
have been fewer than 10 defaults on the project's 3,900 homes. That's
a rate of 0.25 percent.

On the other hand, lending money recklessly to obscenely rich white
guys, such as Richard Fuld of Lehman Bros. or Jimmy Cayne of Bear
Stearns, can be really risky. In fact, it's even more risky, since
they have a lot more borrowing capacity. And here, again, it's
difficult to imagine how Jimmy Carter could be responsible for the
supremely poor decision-making seen in the financial system. I await
the Krauthammer column in which he points out the specific provision
of the Community Reinvestment Act that forced Bear Stearns to run with
an absurd leverage ratio of 33 to 1, which instructed Bear Stearns
hedge-fund managers to blow up hundreds of millions of their clients'
money, and that required its septuagenarian CEO to play bridge while
his company ran into trouble. Perhaps Neil Cavuto knows which CRA
clause required Lehman Bros. to borrow hundreds of billions of dollars
in short-term debt in the capital markets and then buy tens of
billions of dollars of commercial real estate at the top of the
market. I can't find it. Did AIG plunge into the credit-default-swaps
business with abandon because Association of Community Organizations
for Reform Now members picketed its offices? Please. How about the
hundreds of billions of dollars of leveraged loans-loans banks
committed to private-equity firms that wanted to conduct leveraged
buyouts of retailers, restaurant companies, and industrial firms? Many
of those are going bad now, too. Is that Bill Clinton's fault?

Look: There was a culture of stupid, reckless lending, of which Fannie
Mae and Freddie Mac and the subprime lenders were an integral part.
But the dumb-lending virus originated in Greenwich, Conn., midtown
Manhattan, and Southern California, not Eastchester, Brownsville, and
Washington, D.C. Investment banks created a demand for subprime loans
because they saw it as a new asset class that they could dominate.
They made subprime loans for the same reason they made other loans:
They could get paid for making the loans, for turning them into
securities, and for trading them-frequently using borrowed capital.

At Monday's hearing, Rep. John Mica, R-Fla., gamely tried to pin
Lehman's demise on Fannie and Freddie. After comparing Lehman's small
political contributions with Fannie and Freddie's much larger ones,
Mica asked Fuld what role Fannie and Freddie's failure played in
Lehman's demise. Fuld's response: "De minimis."

Lending money to poor people doesn't make you poor. Lending money
poorly to rich people does.

Daniel Gross is the Moneybox columnist for Slate and the business
columnist for Newsweek. You can e-mail him at [EMAIL PROTECTED] He
is the author of Pop! Why Bubbles Are Great for the Economy. [are
they?? He may have changed his views in light of recent events.]

Article URL: http://www.slate.com/id/2201641/ 

Copyright 2008 Washingtonpost.Newsweek Interactive Co. LLC





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