Reading business-press coverage of Henry Paulson over the past few months was disorienting. Something was missing, but you couldn’t put your finger on it.
“Paulson attacks ‘shameful’ lenders,” The Financial Times reported in October.
[Paulson] said the conduct of some mortgage market participants had been ‘shameful’ and called for consideration of a nationwide licensing and monitoring system for mortgage brokers.
USA Today also relayed Paulson’s concerns in a story headlined “Criticism Rains Down on Mortgage Industry”
Reading these accounts, it’s almost possible to forget that Paulson is treasury secretary of the United States, one of the nation’s two top banking regulators with broad powers to stop unsafe and abusive banking practices.
The USA Today story also says that Sheila C. Bair was “frustrated” at the “slow pace” of loan restructuring for subprime borrowers.
‘Washington needs to push hard on this,’ she said. ‘Our message is, “Prioritize these folks, if they can convert” (to fixed-rate loans). That will free up more time to deal with some of the more challenging cases.
That’s fine, except Bair heads the Federal Deposit Insurance Corporation.
She is “Washington.”
And here’s one more, from Dow Jones News Service, on a speech last May by John Dugan, comptroller of the currency, who reports to Paulson:
Income Checks Needed For Loans, Regulator Says (1)
The story says the comptroller testified that banks should check borrowers’ incomes before giving them loans. Apparently, this wasn’t done before. Wow.
The business-press is paddling hard to catch up to a mortgage crisis that, I’m guessing, is bigger than most non-business-press readers understand.
We have to consider the possibility that the housing price downturn will eventually be as big as that of the last truly big decline, from 1925 to 1933, when prices fell by a total of 30 percent.
Who wrote that? Hint: it’s not one of those radicals we have running around up here at Columbia. (2)
I think the press is now doing well on the mortgage story and seems fully alive to its responsibilities to shine a light on a financial problem of such rare scope that people who normally take no interest in this type of thing are turning to the business pages to find out what happened—this time—on Wall Street.
The business press has written about the mortgage crisis as a predatory-lender problem, a naïve borrower problem, a compromised rating-agency problem, an irresponsible debt-buyer problem, and, first and foremost, a problem manufactured on Wall Street, which fueled the subprime expansion with loans to front-line borrowers, sold the bad paper into the global markets—and, to keep the fee-engine going, bought much of its own product.
If the business press has a blind spot, it is that it failed to understand the crisis for what I think it really is: a regulatory failure of mammoth proportions.
Now comes The New York Times this week with a devastating account of regulatory failure, under the headline: “Fed Shrugged as Subprime Crisis Spread”
The piece is strong. It effectively pulls together material that had been in the public record and advances an equally strong piece from last May, and other work over the summer, by The Wall Street Journal.
One of its chief merits is that it reveals even more about Alan Greenspan’s failure to act on urgent private warnings. In one passage, he seems paralyzed by his own ideology as he explains why he had parried pleas as early as 2001, from the late Fed governor Edward Gramlich and the FDIC’s Bair, to use powers the Fed already had.
‘I got the impression that there were a lot of very questionable practices going on,’ he said. ‘The problem has always been, what basically does the law mean when it says deceptive and unfair practices? Deceptive and unfair practices may seem straightforward, except when you try to determine by what standard.’

We own real estate and have paid off loans and then refinanced several times over the past 20 years. Our credit rating has always been above 700 and we have a substantial net worth. In spite of these factors, we have always felt harassed by lenders always wanting more information, then additional supporting documentation, and then further information on top of the additional documentation. Typically, we have submitted our income tax documents only to have brokers ask for verification of income using pay checks. Seemingly unaccounted for cash assets required documentation where it came from. If we obtained funds from parents for down payments, lenders wanted proof. I'm baffled that anyone could obtain a home loan without jumping through myriad hoops...unless loan officers or mortgage brokers were unethical or crooked. What is perhaps more astonishing is that purportedly competent government officials placed in charge of regulating banking express outrage that those involved in lending could possibly place the prospect of making short term profits over the welfare of their clients/customers.
This begs the question what will it take before Americans realize that as difficult and unfair as government can be, its behavior pales in comparison to that of the general business community. Late 19th century and pre Depression history teaches us that if given the opportunity, American business will always opt for short term profit even if it means cheating their clients, patrons, or customers, and, even it means hurting society as a whole, which is why America needs strong government regulations. Americans understand that government doesn't always act in the public's interests but many forget that it is therefore necessary to pay attention to the actions of elected representatives.
As long as business interests can purchase political favors, America will have the best government money can buy. Therefore, even before we consider business re-regulation, we must remove business from the political process. Several Supreme Court justices claim to be strict constructionists who believe the Constitution immutable. If these justices aren't merely hypocritical, if they aren't merely the paid mouth pieces of corporations, they should lead efforts to end the practice of treating corporations like individuals, which is non-Constitutional, since this is the key to getting businesses out of politics. Unless this occurs, any efforts at re-regulation are likely to prove short term: The business class never fully acquiesced to regulation before 1912 and during the administration of FDR, and, they won't do it today.
Posted by RogerHWerner
on Wed 26 Dec 2007 at 09:06 PM
God forbid a lender who risks thousands of dollars should have the nerve to ask personal questions of lenders!... GASP!... WHERE is the government to fend off these capitalist selfish pigs?!....
Government regulaton just doesn't work.. Fines and sanctions simply become the cost of doing business... Whether it's a utility in violation of the Clean Air Act to make a profit, or a local trucker running overweight to earn money for groceries...
Subsidies, on the other hand, work great... And that is what we have... Subsidies disguised as "regualtion" of industry...
You guarantee solvency on the credit of the taxpayers (like the FSLIC did in the '80s and like the FDIC is doing now) and you'll have businesses tripping over themselves to get "regulated"...
I worked for the federal government (in three different agencies) for years.. And my own learned opinion is that it doesn't make ANYTHING better...
As our founders knew... Government is a necessary evil... And it should be restricted and regarded with suspicion by any free society. A careful reading of the powers expressly granted to the government by the Constitution shows just how smart our founders were.
The Department of Education doesn't educate anyone... The Department of Transportation doesn't transport anybody.... And the Department of Housing and Urban Development doesn't house anyone...
All the government can do is to throw money at problems without solving any of them (remember that with a national debt of $9 TRILLION, every new American born faces a per capita $30,000 debt from they day he or she enters the world).
Posted by padikiller
on Thu 27 Dec 2007 at 11:17 PM