And Who Pays for the Laws?

Posted by Paul Vigna on October 20, 2010
Economy, Washington

There’s one law that lawmakers would do well to keep in mind, and that’s the law of unintended consequences. From our colleague Michael Derby, who covers the Fed:

A veteran Federal Reserve official cast his lot Wednesday with those who believe the government itself was a major player in driving events that led up to and created the financial crisis. “The financial crisis was not a failure of our capitalist system,” Federal Reserve Bank of Philadelphia President Charles Plosser said. “Nor was it largely the result of a lot of greedy evildoers whom we could just put in jail to solve the problem.”

Instead, the official said “it largely reflected a collection of incentives, some arising in private markets and some created by the government, that motivated individuals to act in ways that proved damaging to the nation’s overall economy.”

The central banker said government officials and legislators often don’t realize that as they write laws to protect against trouble “new rules and regulations, often made with good intentions, can create bad incentives, which, in turn, yield ugly results.” Put another way, “our efforts to ‘fix’ a perceived economic problem might create unintended consequences.”

Plosser’s on target, although he takes a rather benign view of things. Those rules were just produced haphazardly, on some random whim. At every stage, there was one of those proverbial “special interests” using their power and influence to push rule-makers in a specific direction, one that usually benefited the interest in question.

Think about, say, the scuttling of Glass-Steagall, or the decision not to regulate derivatives, or the lifting of leverage caps on investment banks. All of these had rather painful unintended consequences, but all of them were pursued by specific players that wanted to make an intended profit from the rules.

If this nation is going to get back to something resembling a working democracy, the corrosive, abusive effect of money in politics is going to need to be resolved, not just addressed. David Brooks wrote one of his typically too clever by half, counter-trend pieces yesterday, “Don’t Follow the Money,” in which he argues that money doesn’t decide elections. But the issue, the real issue, isn’t whether money guarantees a candidate an election-day victory. The real issue is that those “campaign contributions” can and often do amount to little more than thinly veiled bribes, an advance payment on services to rendered later.

The money isn’t necessarily intended to buy elections. It’s intended to buy candidates. That’s one of the three factors that combined are a major threat to the democracy, Robert Reich writes. “We’re back to the late 19th century when the lackeys of robber barons literally deposited sacks of cash on the desks of friendly legislators. The public never knew who was bribing whom.” The other components of this “perfect storm” (yes, it’s an overused cliche, but, well, it just got used again) are the fact that a great percentage of the national wealth is concentrated in a few hands, and that at the other end, “most Americans are in trouble.”

That so many Americans are in trouble is in many ways a direct consequence of those rules we were just talking about that were put in place that had those unintended consequences that Plosser mentioned. It will not matter which party controls Congress, or the White House for that matter, so long as the current system allows money to have such an outsized voice in Washington.

We need to divert the flood of money that’s drowning Washington. That’s the biggie. But don’t expect either of these parties to make a stand there; they’ve been bought and sold far too many times to get independent at this point.

I’ll tell you, we don’t need just a third party. We need a fourth, and a fifth. We need a big, big washout down in Capitol City, get rid of everybody.

Tags: , , , , ,

6 Comments to And Who Pays for the Laws?

[...] And Who Pays for the Laws? DJMT puts all this into a bigger [...]

[...] And Who Pays for the Laws? DJMT puts all this into a bigger [...]

paulbkk
October 21, 2010

“it largely reflected a collection of incentives, some arising in private markets and some created by the government, that motivated individuals to act in ways that proved damaging to the nation’s overall economy.”

If you substitute ‘health’ for ‘economy’, this accurately describes the perverse incentives and unintended consequences of the trade in illegal drugs. Drug dealers are widely considered to be “a lot of greedy evildoers whom we could just put in jail to solve the problem.” Why not bankers? What’s the difference? The bankers do a lot more harm.

Robert Ferrari
October 21, 2010

There is a viable alternate that follows the laws. I am highly confused that not one person in the media has talked or reported about the abuse of our laws taking place with regard to modifications and its ramifications on the 14th Amendment to the Constitution and the economy being allowed by our government.

Capitalism is about the ability to manufacture, sell, service or invest in a product for the intent of making a profit that has a risk of not making a profit but also losing some or all of the capital investment. The housing industry had a standard operating procedure of if the homeowner didn’t pay their mortgage a foreclosure took place to obtained the investors capital investment back. In some circumstances the homeowner was offered a temporary modification to avoid a foreclosure, but the workout was extremely temporary and up to the discretion of the servicer. The investor or servicer did not have to take a financial loss in capital or profits to modify the homeowner that would financially harm other homeowners by being excluded from the same benefit. The homeowner had the opportunity to refinance or sell if they were unable or didn’t want to continue paying their mortgage avoiding a foreclosure UNTIL negative equity became the issue.

The financial industry changed the rules with their standard practice of foreclosing to modifying delinquent homeowners attempting to avoid the automatic financial loss of foreclosing on a negative equity property based on the requirement that a positive net present value must be present. Translation of a positive net present value is the investor has the chance to earn their outstanding mortgage balance back at a reduced profit margin by modifying a negative equity homeowner instead of automatically taking a loss if a foreclosure took place. The government has stated modifications reduce the number of foreclosures from occurring that are necessary to stabilize the housing industry and all servicers involved with HAMP must issue a modification if a positive net present value is present. A negative equity modification is a financial incentive that is given to negative equity homeowners to remain negative equity homeowners when it is financially prudent for the negative equity homeowner to default instead.

The financial loss to the investor and the homeowner is the same based on the negative equity amount. The financial loss does not change because of the homeowners’ income, affordability, financial difficulty including overextending themselves or increased living expenses or who “holds” the mortgage note, it is solely based on negative equity.

Just to highlight one law that will crush the mortgage industry and it is not a technicality , the deceptive and unfair business practice being openly violated for the profits of the financial industry by furthering financially harming negative equity homeowners from being excluded or restricted from receiving a negative equity modification with a similar like financial benefit that entices them to remain a negative equity homeowner in a similar like circumstance when the financial industry has shown that they are prepared to accept earning less profits on 25% of the negative equity homeowners that have already been modified. The exclusion or restriction of NOT receiving a similar financial incentive to remain a negative equity homeowner is financially harming the negative equity homeowner prolonging the housing crisis that will increase the investors overall losses with its delay.

Please email me for a copy of the proposal that I have mailed to the government and the financial industry, I need your help in disbuting it to our elected officials to enforce the law. While FNMA replied that I have raised some interesting points (the law), they are not ready to commit to correcting the issues. The most important issue corrected is the legal standing for the investor in the chain of title by partnering with the ImNotLeaving Uniform Modification System.

Robert Ferrari
October 21, 2010

Sorry my email address is sue806@aol.com.

Ps there are 4 requirements to be legally entitled to a negative equity modification:
1- owner occupied
2- 1-4 family home
3- ownership of 24 months or greater
4- Negative equity or a loan to value of 97% or greater

[...] And Who Pays for the Laws? DJMT puts all this into a bigger [...]