The Never-Ending Bailout

Even though banks' super-charged profits and eye-popping bonuses are back, they want you to keep paying the costs of their foreclosures.

In California, where the foreclosure crisis has hit with brutal force, it will cost communities between $600 billion and $1 trillion in lost property value, almost $4 billion in lost property tax revenue, and over $17 billion in local government costs between 2008 and 2012, according to Ellen Reese, a University of California Riverside sociologist and Jan Breidenbach, who teaches housing policy at USC, writing in the San Bernardino Sun.

That amounts to be about $20,000 per foreclosure that local governments [meaning you] have to pay every time a bank forecloses on a home.

One California legislator has made a modest suggestion: have banks pay those costs at the time of the foreclosure, so taxpayers don’t have to absorb them later.

The way the banks have responded, you would think that the legislators had proposed seizing the banks and distributing the bankers’ money on Main Street.

The mortgage bankers’ association, in best fear-mongering fashion, told its members that making the banks pay the costs of their failed loans would dry up all future home lending in the state.

In her April 6 letter to her membership, the association’s president, Pam Sosa, doesn’t offer any suggestion how the costs banks are currently passing on to you and me could be mitigated.

Meanwhile the California Bankers’ Association says if the bill becomes law, they’ll simply pass the cost on to their customers.

Why should the banks have to pay when they’ve done such a stellar job convincing the politicians that you won’t mind picking up the tab for the bankers’ losses?

If you thought that the financial collapse would curtail the banks sense of entitlement to write their own rules for their business, you would be wrong.

If you thought that the financial collapse would have made the banks think twice before demanding that we pay the costs when their business goes south, their reaction to AB 935, sponsored by San Fernando Valley Democrat Bob Blumenfield, demonstrates that you would be wrong.

Of course, the real purpose behind AB 935 is not to get the banks’ money. It is provide more of a financial incentive to the banks to work out sustainable modifications that would allow homeowners to remain in their homes. The Obama administration’s Home Affordable Mortgage Program has had little success in encouraging banks to modify loans because in part, the incentives it offers to the banks are too small But the banks find it tough to make their case on the merits. They can’t argue they don’t have enough money to pay their own way. Instead they rely on fear tactics and the inside game, which has served them so well in getting legislators and regulators to water down efforts to crack down in the wake of the financial collapse. In the depths of the recession in California, at the same time bankers were collecting billions in bailout, they were spending $70 million in lobbying fees and campaign contributions to thwart or weaken legislation that would have protected homeowners in the foreclosure process.

Testifying earlier this week on behalf of AB 935, economist and blogger Mike Konczal described foreclosures as a “lose-lose situation.” A foreclosure fee that accurately covers the real costs the community will have to pay will encourage more sustainable modifications, he said. He also debunked the mortgage bankers’ argument that it would have an impact on new lending, because it will only be applied to already existing loans. Citing recent Federal Reserve statistics, Konczal said relatively few homeowners are actually walking away from their “under water” homes, “and are willing to pay to do right by their communities and their promises. It would be great to have a financial system that met them halfway."

But the banks disagreed. They fought back hard on AB 935. Late Tuesday, Peggy Mears of Alliance of Californians for Community Protection sent around an email to say that the legislation appeared to be dead for the year, stuck in legislative committee.

 

 

 

 

 

 

 

Death by a Thousand "Buts"

After two years in office, President Obama has decided it's time to fix one of the colossal mistakes of his predecessor: too much federal regulation.

I don't remember George W. Bush as a consumer advocate who, in his zeal to regulate corporations, got carried away. But last week President Obama announced a new priority for his administration. Federal regulations “sometimes have gotten out of balance, placing unreasonable burdens on business—burdens that have stifled innovation and have had a chilling effect on growth and jobs,” the President explained, implying that it was in fact the government that crippled our economy, just like pro-corporate conservatives have been saying.

Faced with this threat to our national security, there was only one thing to do, and Obama stepped up. He commanded the entire federal government to review every regulation on the books and get rid of “outdated” rules and “unnecessary paperwork.” In a rousing call to arms, the President concluded: “This is the lesson of our history: Our economy is not a zero-sum game. Regulations do have costs; often, as a country, we have to make tough decisions about whether those costs are necessary.”

Obama didn’t invent the cost/benefit approach to regulation. That was concocted by big business-funded think tanks and adopted by President Ronald Reagan, who issued Executive Order 12291 immediately after taking office in 1981. Its preface is eerily similar to Obama’s, proposing “to reduce the burdens of existing and future regulations, increase accountability for regulatory actions, provide for presidential oversight of the regulatory process, minimize duplication and conflict of regulations…”

Reagan demanded that any regulation that imposed costs on businesses that exceeded its "benefits" be eliminated. The problem is that cost/benefit analysis doesn’t always take into account certain intangible considerations or values that are difficult to quantify in dollars, such as the benefits of unpolluted water or the worth of a human being. In an infamous internal memo (PDF) uncovered in litigation over the now extinct Ford Pinto’s exploding gas tank, company executives compared the cost of fixing the vehicles ($137 million) versus what it would have to pay for expected deaths and injuries ($49.5 million) and decided that the cost of repairing each car - $11 dollars – exceeded the benefits.

Government is supposed to protect us against such reasoning, not use it as a guiding principle.

I was working at Public Citizen Congress Watch in Washington, D.C. at the time, and Reagan’s disdain for government regulation  became the centerpiece of his Administration agenda. James Watt, Reagan’s controversial appointee to the Interior Department, sacked the agency, turning it into a mouthpiece for oil, mining and other industries supposedly regulated by the agency. The Reagan Administration’s deregulation of savings banks led to reckless investments, fraud and corruption, necessitating a bailout – sound familiar? – that ultimately cost taxpayers about $124 billion.

Is history repeating itself? In a nod to those who supported him as a candidate because of his forceful speeches against special interests and corporate abuses, President Obama was careful to acknowledge the importance of “child labor laws,” “the Clean Air Act” and federal rules against “hidden fees and penalties by credit card companies.” In a nod to the elephant in a pink dress sitting on the divan in our living rooms, the President noted that “a lack of proper oversight and transparency nearly led to the collapse of the financial markets and a full-scale Depression.” “Where necessary, we won't shy away from addressing obvious gaps” in federal rules, Obama insisted.

It's painfully obvious that the President hoped his foray into Reagan-style anti-regulation rhetoric would curry favor with Wall Street, its wholly-owned subsidiary, the U.S. Chamber of Commerce, and their toadies in Congress. They’ve been very, very mad at the President ever since he had the temerity to sign a toothless financial reform bill that left the financial industry free to revert to its pre-bailout speculative ways, not to mention the hopelessly compromised health care law that requires every American to buy health insurance from private insurance companies starting in 2014, but does not effectively regulate how much we have to pay them.

Obama went so far as to announce his new regulatory policy in a guest column for the Wall Street Journal's editorial page, where at least one attack on Obama is on the menu every day.

This latest gesture of appeasement didn’t work out as the President hoped, though. "Yes, but" was the nearly universal response from the intended recipients of the President’s largesse, as Associated Press reporter Tom Raum reported. For your convenience, I’ve highlighted the “but factor”:

“Obama’s action is ‘a positive first step,’ said Thomas J. Donohue, president of the U.S. Chamber of Commerce, the nation’s biggest business organization. But, Donohue added, ‘a robust and globally competitive economy requires fundamental reform of our broken regulatory system.’ He called on Congress to 'reclaim some of the authority it has delegated to agencies.’"

“The National Association of Manufacturers said it ‘appreciated’ Obama’s call for a regulatory review, but called for Obama to demonstrate results by ‘delaying poorly thought-out proposals that are costing jobs,’ listing the EPA’s proposals to regulate greenhouse gases as a prime example."

A “spokesman for House Speaker John Boehner, called Obama’s review a welcome acknowledgment that government regulations have economic consequences. But he said the president should take bolder steps immediately.”

"David Walker, former U.S. comptroller general, said in an interview that it was ‘fully appropriate to engage in a baseline review of existing federal regulations.’ But Walker, head of a balanced-budget advocacy group called Comeback America Initiative, questioned having the agencies themselves hunt for harmful regulations. ‘We need to have an independent review process that has transparency,” he said. Walker said many of today’s regulations date back to the 1950s and need to be revamped.”

For a little conjunctional variety, here's the response of House Majority Leader Eric Cantor:

“Obama’s executive order ‘shows that he heard the same message I did in the last election - that Americans are sick and tired of Washington’s excessive overreach and overspending.’ ‘While I applaud his efforts, we must go further,’ Kantor added. He proposed more aggressive steps to strike down ‘needless and burdensome’ regulations that plague businesses and stifle job growth.”

President Obama still doesn’t understand that his political opponents will never voluntarily support anything he does, short of a complete capitulation (and perhaps not even then). This is not just a matter of interest to the political class. If the White House spends the next two years trying to placate the implacable, the rules, regulations and legislation needed to restore the economy and protect the public health and safety are never going to see daylight.

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What Have You Done For General Electric Lately?

With your help, the company founded by Thomas Edison, the genius inventor, survived the nation’s worst recession in 80 years.

But billions in taxpayer-funded bailout relief and subsidies and paying zero federal taxes was not enough for General Electric.

The company wants more from you.

They want more subsidies, more dubious government contracts and more political power.

Business was terrible for a while, and GE’s credit division dragged the whole company down.

As result, 19,000 of the GE employees who had a job at the beginning of 2009 didn’t have one when the year ended. They joined the 4,000 GE employees who lost jobs the year before. For workers that still had jobs, the average salary was about $32,000 a year.

Things were tough at the top too.

CEO Jeffrey Immelt had to give up his bonus for the second year in a row, and was forced to limp along just on his annual compensation of nearly $10 million.

In 2008, Forbes magazine named Immelt one the U.S.’ 5 most overpaid bosses. For the past 6 years he’d been averaging $15 million a year.

Of course, before the economy crashed, CEO pay was through the roof in general. Getting on that most overpaid list wasn’t easy. Competition was stiff. Two of the other guys on the Forbes list made millions running their financial firms, Countrywide and Indymac, into the ground.

Taxpayers’ generosity helped ease the GE titans’ pain, allowing the company to take advantage of billions in subsidized loans and loan guarantees at such favorable interest rates that they amount to a massive government subsidy.

The company managed to eke out $11 billion in profits on $157 billion in revenue.

That’s when the Internal Revenue Service stepped in to ease GE’s burden. By the time the lawyers and accountants were done, you probably paid more taxes than GE did – unless you also happen to be Exxon.

GE didn’t issue a press release about most of those subsidies. Neither did the federal government. In fact, the Federal Reserve has fought to keep its subsidies of GE and other major corporations confidential. But they were forced to disclose the subsidies under the terms of the financial reform passed earlier this year.

It might have been made the Federal Reserve and GE uncomfortable if the public had known that GE’s CEO was sitting on the Fed’s board of governors while they were doling out low-interest loans to his company, an apparent and outrageous conflict of interest.

But your generosity to GE doesn’t stop with bailout and tax giveaways. As part of the 2009 stimulus package, the company got $24.9 million toward retooling an appliance factory in Kentucky, one of four plants GE is retooling in the government’s green technology initiative.

Like Immelt, the workers will have to adjust to lower pay. They’ll no longer make $20 an hour. Now they’ll be paid $13 an hour.

The company is returning to its roots in making appliances.

But the retooling comes too late for GE’s light bulb business, which was once a source of good jobs in Ohio. While it was borrowing taxpayers’ money in 2009, it was closing one such plant in Niles, Ohio – the fifteenth to close in the state since 1980. The new more energy efficient bulbs will be made in China.

As GE and others American firms were busy chasing short-term profits from the fancy financial products that eventually blew up the economy, they neglected the kinds of innovation that might have saved those jobs.

But General Electric has moved on, staking a big chunk of its future on a costly jet engine that the Defense Department says is wasteful and that it doesn’t want. So General Electric has been lobbying Congress to override the Defense Department. Maybe those that worked in the light bulb factories of Ohio could move to Washington and get jobs as lobbyists.  GE’s spending on lobbying has skyrocketed: from $4.54 million in the first quarter a year ago to $7.14 million in the first quarter of this year.

Meanwhile, while GE dukes it out in D.C., the company has informed the state of Massachusetts that if it  expects GE to limit layoffs of those working at an aircraft factory there, the state’s taxpayers are going to pay.

At the same time the state is facing a series of devastating budget cuts, GE is seeking a $25 million tax credit to help with the retooling of it plant in Lynn, which employs 3,000 people. The company’s already cut 600 jobs at the plant, without the tax credit, GE says, it will cut more. Usually states give tax credits for companies to create new jobs, not as a payoff to keep them from cutting existing jobs.

So here’s the latest innovation from GE. It has nothing to do with creating better, more energy-efficient products. GE has come up with a new way to put the squeeze on taxpayers.

Thank You vs F*** You

I’m as angry as anybody about the bailouts, but I don’t agree with the people who are perturbed about the TV commercial General Motors ran over the Thanksgiving holiday.

The ad has no narrator, just a gentle piano rendition of the Seventies Hollies hit “He Ain’t Heavy, He’s My Brother” in the background. It begins with images of memorable failures – NASA rockets that crashed on the launch pad, motorcycle daredevil Evil Knievel injuring himself, the  fraternity members in Animal House after Dean Wormer has informed them that he is shutting down their frat.  But then John Belushi rallies the Delta House brothers, a rocket soars into the sky, a boxer down for the count gets back on his feet. “We all fall down,” reads a sentence on the screen. “Thank you for helping us get back up.”

I loved the ad - and was shocked to see it. After all, the Wall Street bankers, hedge fund operators and financial speculators who drove our economy and the globe into a ditch two years ago had to be dragged before Congress and the media before they would so much as admit that “mistakes were made,” to use Richard Nixon’s passive diction. Most of the companies that were rescued with no-strings-attached taxpayer dollars were quick to pay them back (on easy terms) and now behave as if they had never run into trouble in the first place. The newly resuscitated financial industry used its political might (and taxpayer money) in a massive lobbying campaign to kill any congressional legislation that might have prevented them from earning billions more on useless speculation. Bonuses are once again breaking records.

GM, at least, has some sense of obligation or appreciation for what we  taxpayers did for the company, its employees and investors. It doesn't make our lives any better, but I, for one, find that refreshing.

Not so for everyone. A good deal of the commentary online about the ad portrays it as a cynical move by a stupid company, directed at cretins and Democrats.

There was a lot of similar hostility in evidence when GM executives went to DC to beg for a bailout back in 2009. Members of Congress  criticized them for flying to Washington on corporate jets. The White House fired GM’s CEO as part of the bailout. Compared to that, the Wall Street titans were treated like royalty. No one demanded that they take the bus from New York, nor have the CEOs of Goldman, Citibank, Bank of America, etc. lost their jobs – much less been prosecuted – for their conduct.

The difference was striking at the time, and it remains so today, a reflection of the degree to which money is worshiped and wealth revered in this country, long past time when average Americans should know better. After all, GM employs people to produce things that people in this country actually use: cars. As a pointed piece in last week's New Yorker points out, "much of what investment bankers do is socially worthless." “The most profitable industry in America” – the financial industry – “doesn’t design, build, or sell a single tangible thing.”

Try driving a Collateralized Debt Obligation down the street sometime.

What the President SHOULD Say

Republicans may have driven the car into the ditch. But voters know the difference between a sales job and reality.

That’s why they didn’t trust President Obama and the Democrats’ pitch that they had gotten the car out of the ditch and gotten it running again.

It didn’t ring true because far too many Americans are still stuck in the ditch.

And all of the presidents’ talk about how much worse off we’d be without his team’s hard work fell on deaf ears.

From the time he took office through the election, the president and his team failed to adequately acknowledge how deep the ditch was. By all accounts, the president is a brilliant man, and he’s hardly the first president to suffer a midterm “shellacking.” And his opponents haven’t exactly been overflowing with creative ideas for how to get the economy going again for those of us who aren’t bankers.

I also realize it’s not just up to the president – we all have a responsibility. So here’s my humble contribution to help the president make a mid-course correction: some suggestions for what the president might say.

My fellow Americans:

You sent me a strong message on November 2. I have to admit it stung. It’s taken a while to sink in, but I get it now.

I haven’t taken the economic pain that many of you are feeling seriously enough. The range of solutions I’ve chosen have been far too narrow and not nearly ambitious or imaginative enough. I’ve paid too much attention to not riling the markets and not enough attention to getting you back to work and keeping you in your houses. For that I owe you an apology. I have also belittled your concerns that our government has fostered a system that favors the wealthy and connected over other Americans. I’m sorry for that too.

I know that words without action ring hollow. So I’m replacing my entire economic team with men and women who are more attuned to the economic crisis that many of you find yourselves in. We’re fortunate that we have such a distinguished group to choose from – Paul Volcker, Robert Reich, Bill Black and Brooksley Born among them.

I have previously attributed the lack of popularity of some of my administration’s policies to my inability to sell them properly. But in retrospect, I see that the problem wasn’t the message. It was my previous unwillingness to fight, and fight hard, for stronger policies, stronger solutions to the country’s economic problems. I should have done so earlier.

But I will do so now.

Make no mistake. These solutions will cost money. Putting people back to work will cost money. But that money is an investment in a future that we can all live with, not just the well-to-do, and that will pay dividends later. I know that my opponents have raised concerns about the federal deficit, and I share some of those concerns. But my top priority for the next two years will be putting Americans back to work and making sure that we have a recovery that works for everybody. If my opponents want to have a debate on the deficit, I welcome that. If they want to have a debate on whether the government can truly help people or whether the government itself is the problem, then I welcome that too. Let’s have it on television.

But mostly I welcome my opponents’ ideas about how to put Americans back to work. Because the American people don’t just want an endless debate. You want action.

We’ll have a debate and then we’ll get to it. I know that you’re impatient. You also don’t want excuses. You won’t get any from me. What you will get is a plan to reduce unemployment, stabilize housing and reduce the widespread economic misery. I promise you that will be my number one priority.

Thank you for the great trust you have placed in me.

Can I guarantee success if my opponents decide to stand in the way rather than cooperate? Probably not. But I promise you that for the next two years all of my energy, intellect and passion will be harnessed to this effort, whatever the obstacles or political costs.

The Republican Who Tackled Foreclosures

President Obama isn’t the first politician to have to stare a massive foreclosure crisis in the face.

The last time foreclosures loomed so large in the economy and the national consciousness was during the Great Depression, when farmers and homeowners were losing their land in massive numbers.

Several states passed laws including moratoriums on foreclosure. Not because the banks couldn’t prove they owned the farms, or because they screwed up the paperwork. The moratoriums were implemented in recognition that the country was in an economic emergency and that having so many people lose their homes was bad for the country.

Minnesota passed such a law in 1933. After a judge allowed a couple to postpone foreclosure, the building and loan association that owned the mortgagee challenged the law. The firm appealed to the Supreme Court, contending that law was a violation of the Contracts Clause of the Constitution. But in its  landmark ruling in Home Building v. Blaisdell, the high court upheld the law. By a 5 to 4 vote the court ruled that the contracts clause wasn’t absolute and it didn’t outweigh the rights of the states to protect the vital interests of its citizens. In dissent, Associate Justice George Sutherland warned that the ruling would be just the beginning of further erosion of the contracts clause.

Chief Justice Charles Evans Hughes, an appointee of President Herbert Hoover, wrote the majority opinion. Hughes wasn’t some ivory-tower judge but a seasoned and fascinating Republican politician who had served as two-term governor of New York, with a record for establishing a public service commission, as well as pushing through labor law and insurance reform. He ran unsuccessfully for president against Woodrow Wilson before serving his first stint on the Supreme Court before running for president. After a stretch as secretary of state under President Calvin Coolidge, he was in and out of private life before President Hoover appointed him chief justice in 1930.

Though liberals gave him a hard time in his confirmation hearing, he often provided a swing vote in favor of the New Deal on a highly contentious court. But Hughes also repeatedly tangled with Roosevelt, voting against the constitutionality of the National Recovery Administration and opposing FDR’s court-packing scheme.

What do we get from this excursion into history? There’s some comfort in knowing the country has grappled with these tough times and issues before and survived. But it’s hard to encounter a figure like Hughes and not wish that some of his courage and unpredictability could rub off on our current crop of leaders, who seem so timid and tame by comparison, and who seem to have forgotten that protecting the vital interests of citizens isn’t just a matter of bailing out banks and tax cuts for the rich and hoping some of the booty will trickle down to the rest of us.

Don't Foreclose on the Rule of Law

As the foreclosure process implodes in the U.S., the big banks and their defenders are scrambling to defend the mess they’ve created, dismissing serious legal issues as mere technicalities.

I covered courts as a reporter for years and I learned something about legal technicalities.

What I learned was that whenever some lawyer started dismissing some legal rule as a technicality, they were about to try to heave some of their adversary’s fundamental rights out the window.

In the foreclosure mess, those adversaries would be the banks’ former business partners, their borrowers, the people they loaned money to.

Now the big banks are trying to dismiss the rules that govern the foreclosure process as legal technicalities.

Take for example the Florida case in which a judge ruled earlier this year that a document that was supposed to show that U.S. Bank owned the mortgage in December 2007 wasn’t created until the following year. The document filed by the bank, the judge wrote in March, “did not exist at the time of the filing of this action…was subsequently created and…fraudulently backdated, in a purposeful, intentional effort to mislead.” She dismissed the bank’s case.

The bank’s lawyer blamed carelessness. He explained: “Judges get in a whirl about technicalities because the courts are overwhelmed....The merits of the cases are the same: people aren't paying their mortgages.”

One of the other things I learned was that judges tended to use very precise wording in their rulings. If the judge in the Florida case was feeling overwhelmed, she didn’t mention it. What she did say what that somebody had fraudulently created a document.

That’s not a technicality. And it doesn’t matter if you’ve been making your mortgage payment or not. Banks are not allowed to foreclose on a home using fraudulent documents. Period.

One of the aspects of the rule of law is that it applies the same to everybody: a bank isn’t allowed to submit fraudulent documents to a court any more than a pauper is. That’s not a technicality. That’s the rule of law.

In the most recent brouhaha, a number of big banks, Ally, PNC Financial, J.P. Morgan Chase and Co and Bank of America, have acknowledged that their officials didn’t actually read key foreclosure documents before submitting them in court. Some documents appeared to have been forged; others appeared to contain false information.

A number of state attorney generals across the country have threatened legal action against the banks. Faced with a firestorm, some banks have voluntarily halted foreclosures in 23 states: the ones where judges oversee foreclosures. Only Bank of America has halted foreclosures in all 50 states.

One of the first banks to acknowledge that its own paperwork hadn’t been properly reviewed was Ally Bank, formerly known as GMAC. The latest controversy wasn’t the first time GMAC’s legal work on foreclosures came under scrutiny.

In 2006, Bloomberg News reported, another Florida judge sanctioned the company, finding that it submitted false affidavits to the court in a foreclosure case. The judge ordered GMAC to submit an explanation, certify that its policies had changed and pay the opposing party’s legal costs of more than $8,000.

As a result, GMAC’s legal department issued a statement that told employees “not to sign verifications on court pleading documents unless you have independently reviewed and checked the facts.”

The new policy, the Journal reported, was distributed in June 2006; it also stated in italics and boldface that GMAC employees should sign documents only in the presence of a notary. GMAC told the court  that the policies were “being corrected.”

Three and a half years later, a GMAC employee said in a deposition that his team of 13 people signed about 10,000 documents a month without reading them.

Deborah Rhode, a Stanford Law professor, told Bloomberg, “It’s not ‘technical’ when people attest under oath to knowledge they don’t have, and it doesn’t matter that in fact there isn’t actual error or discrepancy,” Rhode said. “Any court would take this very seriously.”

In this “Bust Bowl,” It’s Every Person for Themselves

During the 1930s, drought and dust storms combined to devastate farms in the heartland of the United States, already decimated by the Great Depression. One quarter of the population of the “Dust Bowl” lost their farms and ranches when the banks foreclosed on them. Millions left the Great Plains for California or elsewhere.

Today, the entire nation is trapped in a “Bust Bowl,” laid low from coast to coast by the collapse of an economy based largely on finance and speculation. The “official” unemployment rate, which has been above 9.5% for the last fourteen months, understates the true devastation wrought by the Wall Street debacle. Vast numbers of our citizens have descended into poverty: 42 million Americans – one in seven – are considered poor.  Just an hour or two outside LA, 15 to 20% of residents in towns like Bakersfield and Riverside are below the poverty line.

Back in the Thirties, farmers joined together to protect each other against foreclosures: trying to block authorities from seizing the farms, moving furniture back into the homes of the evicted, and refusing to bid on properties that were foreclosed. But there’s little sympathy for our neighbors evident these days.

To the contrary, speculation has ingrained itself so deeply in the American psyche that people view foreclosures as an opportunity to snatch up a home at distressed prices. And now that some banks are pulling homes off the market because they can’t prove they hold the mortgages, as my colleague Martin Berg has described, would-be purchasers are unhappy. The New York Times quoted a Florida mother who was supposed to move into a foreclosed “three bedroom steal” when Fannie Mae took the house off the market. “Now I’m sharing a room with my son,” she complained. “What the hell is up with that?”

It’s hard to feel sorry for someone who is trying to reap some kind of a windfall from someone else’s tragedy.

I know, everyone’s just trying to get by. The Times noted that one man who had lost his own home to foreclosure after falling behind on his payments had made a successful bid on another foreclosed home – his “dream house” – only to have the deal frozen by the bank.

But is the solution to beggar thy neighbor?

Consider the debt collector profiled in the New Yorker this week. A former drug dealer who did some time, “Jimmy” now runs a small operation in Buffalo, New York. He buys bad debts from businesses like banks and credit card companies for a few cents on the dollar, and then does what he can to collect from the people who owe the money. Anything he can get, he keeps. With so many Americans out of work and deeply in debt, the collection business is booming these days. Buffalo’s home to quite a few such firms these days, because, as Jimmy explains, “Buffalo is broke!” Jimmy’s got five kids and he’s trying to make a living and meet the payroll for his staff, whose job is to nag and cajole people into paying something on what they owe. Plus he’s up against some bigger firms that are willing to break the law in order to collect. But it’s not a pretty picture, especially because it soon becomes clear that Jimmy’s company is in trouble, and he may soon find himself among the debtors of Buffalo.

The average American is not going to be able to leverage himself out of this economic nightmare.

In the Thirties, the federal government ultimately came to the rescue: prodded by Roosevelt, Congress authorized the courts to reduce a farm mortgage to its diminished market value, and to suspend a farm foreclosure for three years. (A conservative US Supreme Court initially struck the law down as an improper intrusion of the government in the banking business, but it was later upheld.) Farmers were also allowed to borrow money through the federal government to pay off their old mortgages. This was the New Deal.

This time around, Wall Street firms have been given access to trillions of dollars of federal money at rates approaching zero interest, but with no requirement that they lend this taxpayer money back to taxpayers at all, much less at fair interest rates. Thus the banks, credit card companies and investment firms are back in business and in fact, most are rolling in dough. The rest of us have to pay exorbitant interest to borrow our money, if it is offered at all. And at the behest of Wall Street, the US Senate rejected a proposal to allow federal bankruptcy courts to modify mortgages so people could stay in their homes. A few days ago, the Obama administration rejected a nationwide moratorium on foreclosures. "While we understand the eagerness to make sure that no American is foreclosed upon in error, we must be careful not to over-reach and apply a remedy that will make the underlying problem of foreclosures worse," according to the Federal Housing Administration.

I'd call this a "Raw Deal."

"Conspiracy of Ignorance" Demands Attention

In California, the nation’s largest real estate market, the robo-signing scandal has produced many calls to halt foreclosures, but little real change so far.

For several years, lawyers who represent borrowers in foreclosure have been complaining about massive and gnarly problems in the foreclosure process.

Because of the way Wall Street sliced and diced mortgages into derivatives and sold them off, the ownership of the mortgage had often not been properly documented, these lawyers said.

Such documentation is a basic legal requirement of foreclosures.

But they couldn’t get many judges to go along with them, especially in California, where, by state law, judges don’t typically oversee foreclosures. They only get involved if a borrower files suit to block a foreclosure, and even then, the courts are reluctant to do anything that would benefit borrowers who haven’t been paying their mortgages.

But disclosures over the past week in the robo-signing scandal may change that, after bank officials disclosed that they signed thousands of foreclosure documents without reading them first. Among the problems were documents that appeared to be forged or inaccurate assessments of how much borrowers owed on their mortgages.

In states with court-supervised foreclosures, the big banks voluntarily called a halt to foreclosures. But not in non-judicial foreclosure states like California.

The banks’ position so far is that the robo-signing doesn’t represent any substantial problems in the documentation, just that they were overwhelmed and understaffed and couldn’t keep up with the paperwork.

Walter Hackett disagrees. He’s a former bank executive who now represents borrowers in foreclosure at Inland Empire Legal Services. Hackett also runs an online bulletin board for lawyers fighting foreclosure. “Sloppy paperwork is too nice a way to describe it,” Hackett told me. “It’s a conspiracy of ignorance.”

He recalled dealing with Wells Fargo on behalf of one client. They were promising his client a loan modification; however, by the time Hackett untangled the paperwork, it turned out the mortgage was actually owned by another bank.  “Before a bank can foreclose on a property, they have to prove that they own the note,” Hackett said.

Meanwhile, Attorney General Jerry Brown has issued cease and desist orders against some of the big banks that have acknowledged problems in their paperwork. But Brown’s concern is not actually the robo-signing, a spokesman said, but whether the banks are complying with a California state law that requires the banks to attempt to work out a loan modification before they foreclose on a borrower.

Brown spokesman Jim Finefrock said, “We’re talking to them [the banks]. We’re hoping for a resolution of the matter.”

He acknowledged that Brown was focused on compliance with the California law, not the larger issues of whether documents had been improperly filed in foreclosure cases.

The implications of the foreclosure fiasco are potentially huge, what Reuters business blogger Felix Salmon describes as “the mother of all legal messes.” If the problems with the paperwork prove substantial, they could undermine previous foreclosures and home sales, leading to a waves of litigation involving borrowers, homeowners banks and investors. The bad news for the economy is that the robo-signing scandal will only prolong the foreclosure crisis, keeping those facing foreclosure, and the entire housing market, from attaining some kind of stability.

While politicians and organizations have been calling for investigations and moratoriums on foreclosures, those are only a start. We need real leadership to forge long-term solutions, instead of the weak half-measures we’ve gotten so far. Maybe the robo-signing mess will offer the opportunity for the administration, the banks and the investors to try again to solve the foreclosure debacle and to get it right this time.

Fear Factor, Financial Crisis Edition

The administration has been touting what a good deal the Troubled Asset Relief program turned out to be for taxpayers – most of the $700 billion has been repaid; the banks after all, did not collapse, and it only ended up costing us around $50 billion after repayments.

“TARP undoubtedly helped to stem the financial panic in the fall of 2008 and contributed to the stabilization of the financial system,” Tim Geithner, the treasury secretary, said in a statement today.

But now we’ve got a whole new threat to the financial system, according to the bankers. They contend that if the public ever finds out the facts surrounding the rest of the bailout, it will cause them “irreparable harm.”

This is the part of the bailout the administration doesn’t talk about, with costs that dwarf the piddling billions spent on the TARP program. These are the trillions in secret loans the Federal Reserve provided financial institutions.

If it wasn’t for a dogged reporter at Bloomberg News, it would all still remain a big secret.

But the reporter, Mark Pittman, convinced his employer that the public had a right to know who the Fed was loaning the taxpayer’s money to, and under what terms. Bloomberg filed suit in November 2008.

The Fed and the banks fought the lawsuit for nearly two years. But in August a federal appeals court rejected the Fed and the banker’s arguments. Fed president Ben Bernanke announced in late September that the agency would finally make the information public by December 1.

Anybody care to bet on the chances that the big banks will fold when the information comes out? Any bets on revelations that will graphically show just how cozy both Bush and Obama administrations were with the big banks?

The banks’ response to the lawsuit reminds me of the atmosphere of fear and crisis the previous administration and the banks created, with the major media’s assistance, at the time of the original bailout. No time for questions, no time for debate. Hand over the blank check now or the whole economic system will blow up, they screamed.

Pittman died last year at 52. He remains one of the few heroes that emerged from the financial collapse, who raised tough questions in the months and years leading to the meltdown and was not intimidated by the banks’ fear mongering, continuing to demand answers.

Meanwhile, at some point, the bureaucrats will get around to the audit of the Federal Reserve’s activity since 2007. Congress passed that audit with broad bipartisan support in the face of fierce opposition from the administration, as part of financial reform. No doubt we will hear another round of predictions of disastrous consequences as the results of that audit are readied for release. It’s supposed to be conducted by the General Accounting Office.

From the beginning of the crisis to today, fear has been the most potent weapon used by the bankers and the bureaucrats to get their way, along with the complexity of the system the banks are always ready to clobber the public with. The spirit of reporter Mark Pittman remains one of the strongest antidotes we’ve got.