The house hearing broadcast on CSPAN,
December 9, 2008, included opening statements and follow-up questions and
answers from four former CEOs with Fannie Mae and Freddie Mac.
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Government Enterprise |
Inclusive Dates |
CEO |
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Fannie Mae |
1999 - 2004 |
Franklin Raines |
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2005 - 2008 |
Daniel Mudd |
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Freddie Mac |
1982 - 2003 |
Leland Brindsey |
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2003 - 2008 |
Richard Syron |
The testimony provided several
keywords that highlight the reckless conduct of the above financial
leaders. Their justification for decisions which led to the
downfall of these quasi-government operations are quite clearly
revealed. Together they provide a microscope ideally suited to
understand the gross dysfunction that continues in Washington
today. Franklin Raines, listed above with Fannie Mae, served
through the latter years of the Clinton Administration, and early
years of the Bush administration. He was one of Obama's financial
consultants during the election campaign.
Subprime Lending in
Billions: 2000 to 2005

The above chart shows the subprime lending
market roughly during Franklin Raines tenure as CEO at Fannie Mae.
This growth was predominantly within the private mortgage
market, and was being underwritten through non-government
sources. While Raines collected about 90 million dollars of
compensation (wages and bonuses) during that time, Fannie Mae was
not a major player in this subprime growth. In addition to
looting the company for private profit, he also reduced Fannie Mae's
reserve from 10 to 2.5%. This reserve reduction allowed Fannie
Mae to grow more quickly, and hold fewer assets as protection
against a market correction.
David Mudd became Raines successor at Fannie Mae in 2005. He
testified that a serious debate within the organization at the time
was whether to (1)
stay the course and remain a niche player within the mortgage
market, or (2) enter the subprime market as a major player.
His choice was to become a major player in spite of the fact that
his company was authorized by the tax payers through congress to
provide higher risk mortgages for citizens with minority, marginal
financial, and underserved status. With this decision, he
committed to "restore the company's position in the mortgage market",
a fatal decision for the American taxpayer. From 2005 to 2008 Fannie and Freddie essentially took over the sub-prime and
Alternate A markets from the private sector, and the growth line
from the above chart was quickly converted from private to public
debt.
Richard Syron testified that early in his tenure (2003 - 2008)
Freddie Mac was experiencing a declining share of the market.
As private sector funding was underwriting most of the high-risk
loans, Freddie Mac was losing out on this "unique market growth
opportunity". His decision, like Mudds, was to place the
government squarely in competition for market share with private
capitol.
Mudd and Syron collaborated to take over the subprime and
alternate-A mortgage market from the private sector, underwriting as
much as 95% of the high-risk mortgage market during the period that
followed 2005. The rest is history.
With a significant correction in the real
estate market and four-dollar gasoline during the second half of
2008, some 70% of Americans became home owners. Many had
little, if anything invested in their homes.
Many had 2% teaser loans with an adjustment to substantial rates
after they had lived in the homes for a period of time. A few
made no down payment, had reported income which was not verified,
and were purchasing
homes that far exceeded the home value which they could afford.
Outright fraud was a central issue in many of the home purchases.
The folks on Main Street were not alone in this fraudulent behavior.
Honest realtors and mortgage brokers were co-conspirators, and
simply looked the other way, as they knew they would be collecting
their fees on the front end of each transaction. Bankers
believed
that their investment was protected through securitization of the
risky mortgages, since they were packaged within a cluster of other,
higher rated mortgages.
There are numerous principles which
warrant adjustments to avoid future melt-downs from real estate
financing.
Political Principles:
Affordability
is a great catch-all concept, but becomes particularly suspect when
attached to home mortgages. Public housing has never been
inexpensive, but the idea that the American dream can be sold on the
cheap to all persons who can sign their names is not affordable.
When any government operation is concerned with market share, it is time to look for a
fox in the henhouse. The governments in most states are
precluded from competing with private markets by state law, as they should
be. By contrast, the federal government appears to believe
that there should be no distinction between private money and tax
revenue. Beginning around 2005, the quasi-government
operations decided to become competitors of the private sector, and
essentially took over the subprime mortgage market.
Many in Washington continue to believe that individual homeowners in
default on their loans should be able to renegotiate their loans,
presumable because they were mislead in the quest for affordable
housing. The fallacy of this strategy has already been
calculated for such loans. Recent evidence shows that up to 50% of
the mortgages renegotiated are in default again within six months.
The do-gooders in Washington, primarily Democrats, appear incapable of learning even from
recent history, and clearly would continue down the path of
affordable housing over and over, with the default rate seemingly
irrelevant to them. The taxpayers, unlike their elected politicians, have a
vastly different opinion about repeating failing policies over and
over until they come out right. Hello!!
It has been alleged that unless government pays wages and bonuses
like that of private industry, the government will not be able to
attract or retain quality managers. The alternative appears to
be more nearly the case: When quasi-government operations
include payment of both salaries and bonuses to their executives,
the monies paid encourage both graft and
corruption, much as they do in private businesses. When the
fox is in the henhouse, it doesn't matter whether the henhouse is
private or public. A fox is still a fox.
Wall Street Connection:
Any process where high risk and prime contracts are included in the same securities package should
be illegal. Those who would package good food with garbage
should be criminalized. Anybody within a financial or quasi-financial
institution who would buy such a package should be selling
hamburgers in a fast food restaurant, after a period of
dish washing.
When long-term underwriting decisions
are made by folks who receive their compensation on the front of a
transaction, they are not compelled to focus on the quality of their
decisions. The up-front compensation of realtors
(and mortgage brokers) should be tied directly to the long term
continuation and soundness of their decisions. A
smaller initial commission and annual renewal fees, like that paid to
insurance agents, would have prevented the current meltdown.
Realtors should receive no more than three (3%) percent commission
on sales contracts, with an additional renewal commission of 1/2%
per year for a maximum of four years.
Media Complicity:
On many occasions the
media reported that many mortgages were greater than the home values
they represented. This has relevance only for the holder of
the paper in the event of default. For the home owner it is
simply another excuse to avoid payments or to live free until the
movers arrive. In the automobile industry, new cars are worth
many thousand dollars less than the mortgage as soon as they are
driven off the lot. Folks don't abandon new cars because of
mortgage value disparity. They need transportation. The
same folks also need a place to live, and unless the mortgage
payment is stretching the family budget beyond their means they will default
only following unusual circumstances.
Moral Bankruptcy:
While the federal regulators are accused of failure to regulate,
they sued Franklin Raines for illegally collecting bonus
money, with assistance from legal consultant at Fannie Mae, Jamie Gorelick. Following their findings, the regulators "clawed
back" about a third of his illegally declared bonus money.
While Fannie and Freddie avoided high risk loans for years, it seems
clear that greed and the capacity to profit personally lead these
executives to make the disastrous decisions that produced a world-wide meltdown in the
financial markets. While they are clearly guilty of neglect of
their fiduciary responsibilities, the moral outrage is more
clearly evident when Fannie and Freddie are allowed to hire
lobbyists to brow-beat their authorizing politicians, and further
make political contributions to those politicians who are likely to
support the gross neglect of the public trust. In the
hearings, it was reported that as much as 179 million dollars was
spent by Fannie and Freddie on lobbying expenses.
And Wall Street is accused of greed! Those who are free of
guilt should cast the first stones. |