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Holden Lewis
Holden Lewis blogs about mortgages and real estate and how they are affected by the economy. Sign up for a news alert to be notified of updates.
 By Holden Lewis
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Monday, Oct. 6
Posted 11 a.m. EDT
COUNTRYWIDE PACT: The owner of Countrywide promises to modify hundreds of thousands of mortgages to settle a lawsuit.

Bank of America, which acquired Countrywide in July, says up to 400,000 people will get reductions in interest rate or principal. The settlement affects borrowers in 11 states: Arizona, California, Connecticut, Florida, Illinois, Iowa, Michigan, North Carolina, Ohio, Texas and Washington.

A lot of borrowers got pay-option ARMs and made the minimum payments -- payments that didn't even cover each month's interest. Their loan balances went up each month, even after making payments. This freed up money that they spent on vacations and cars. Meanwhile, the values of their homes went down. Under this settlement, their loan balances will be reduced so they won't owe more than their houses are worth.

Some borrowers who behaved responsibly, but whose home values went down, will have principal balances reduced, too.

Bank of America says mortgages will be modified so that customers' monthly payments won't exceed 34 percent of gross income. Prepayment and loan modification fees will be waived.

But there's a fly in the ointment. This settlement is for mortgages that Countrywide services. But Countrywide and Bank of America don't necessarily own these mortgages or the securities based upon them. In some instances, modifications will require approval from investors. Approval won't necessarily be forthcoming.

Friday, Oct. 3
Posted 4 p.m. EDT
ANOTHER STEP: Now that the $700 billion bailout of Wall Street and the wooden arrow industry has passed, some say the federal government needs to save the banks.

What? You thought this bailout was supposed to save the banks? It's not. Not really. The bailout is intended to get money moving among banks by restoring confidence. But soon it will become clear that the banks need injections of money so they'll have money to lend.

I'm trying to think of an analogy here. You know me -- big on analogies. Congress just replaced the oil pump. Now the car needs oil.

At least, that's the thinking of Dick Lepre, a sage mortgage broker in San Francisco. "The thing that has to be addressed, apart from liquidity, is capital," he says. "I think there needs to be an injection of capital in the banking system."

The government can do that, he says, by investing money in financial institutions in exchange for preferred stock. After (and if) the banks recover a few years hence, the government can sell the preferred shares on the open market. The government could possibly make capital gains on these deals.

Brad DeLong, economist at the University of California at Berkeley, advocates a form of this idea, which he calls the Swedish Plan. He explains it as a process "by which the government invests in the major banks of New York and elsewhere and essentially takes them over and runs them for a few years, and then when they become profitable again sells off its stake to private investors," and adds that it "would be much more effective and a much better use of the public's money."

The bailout bill that passed the House today fixes a different problem. Financial institutions own distressed mortgage-backed (and other asset-backed) securities of undetermined worth. "Nobody knows what they're worth because nobody knows what the default rates will be and nobody knows what the loss severity will be," Lepre says. As a consequence, banks are reluctant to lend to one another.

The government will buy some of these securities of unknown worth. When a bank gets these securities off its balance sheet, other banks will be willing to lend money to it. That's how the thinking goes. But will the bank have money to lend?

Lepre doesn't think there's enough capital in the U.S. banking system for the healthy institutions to buy all the moribund ones. He thinks the next administration will have to tackle this issue by pumping money into banks in exchange for preferred shares.

Posted 2 p.m. EDT
JOBS GONE: The September jobs report is brutal, reflecting a loss of 159,000 nonfarm payroll jobs. That's the worst monthly decline in more than five years. The unemployment rate remains 6.1 percent.

Economist Joel Naroff, of Naroff Economic Advisors, says: "The credit crisis has moved into the mainstream economy. Firms are hunkering down and running as lean as possible."

Joe Sixpack says: "Oh, no -- I lost my job. What am I going to do?"

Sixpack's loss could be your gain -- the bad jobs report is yielding a small decline in mortgage rates today. If a few million people lose their jobs, we might find ourselves in a refi boom because of the accompanying lower rates.

DEBATES: At last night's vice-presidential debate, moderator Gwen Ifill asked a wrong-headed question about the mortgage crisis.

Ifill put it this way: "The next question is to talk about the subprime lending meltdown."

Stop the tape. "Subprime lending meltdown?" It stopped being a subprime meltdown 14 months ago.

The subprime mortgage industry fell apart in February 2007. Back then, everyone, including the Treasury secretary and the chairman of the Federal Reserve, said the crisis had been "contained" to subprime, I guess like we contained the Soviets. I suppose they were trying to imply that subprime lending would have a period of democracy, followed by rule by an ex-KGB strongman.

Instead of containment, we got falling dominoes. A big one toppled in August 2007, when the jumbo mortgage market fell with a thud. To switch metaphors in midstream, the jumbo credit market didn't quite freeze, but it got very viscous, like cold maple syrup. Jumbo rates are still high today, and jumbo loans are harder to qualify for.

Now other mortgage dominoes have fallen: low-documentation and pay-option ARMs especially. Behind all of these toppling mortgages, you have declining house values. Calling it a "subprime lending meltdown" is like taking a time machine to March 2007.

Ifill continued: "Who do you think was at fault? I start with you, Governor Palin. Was it the greedy lenders? Was it the risky homebuyers who shouldn't have been buying a home in the first place? And what should you be doing about it?"

Palin's reply was a mixture of common sense and naivete. She said: "Darn right it was the predator lenders, who tried to talk Americans into thinking that it was smart to buy a $300,000 house if we could only afford a $100,000 house. There was deception there, and there was greed and there is corruption on Wall Street. And we need to stop that. Again, John McCain and I, that commitment that we have made, and we're going to follow through on that, getting rid of that corruption."

Before I nitpick about the "greed and corruption" line, I am surprised to say that I view the situation the way Sarah Palin does. Too many people bought $300,000 houses when they could only afford $100,000 houses. Yes, they're at fault for making dumb financial decisions. But they were talked into it by people who were exploiting their superior knowledge of mortgages and real estate. "There was deception there," Palin said. Exactly right. I don't agree with Palin on many subjects, but on this, I do. There's plenty of blame to go around, and borrowers and Wall Streeters are at the top of the list.

About "greed," though.

Palin was echoing something John McCain said in last week's presidential debate. McCain said: "But somehow in Washington today -- and I'm afraid on Wall Street -- greed is rewarded, excess is rewarded, and corruption -- or certainly failure to carry out our responsibility is rewarded." McCain decried greed on Wall Street at least one more time, which is remarkable, coming from a Republican.

Wanting to get rid of greed on Wall Street is like wanting to get rid of lust in Hollywood.

Financial services and movies thrive on their favorite cardinal sins. Ridding Wall Street of greed is like ridding movies of pretty actresses. Good luck with that.

Back to the v-p debate. Palin's reply went downhill from there. She urged people to take personal responsibility to never be taken advantage of again. That's pretty weak, because people often aren't aware that they're being taken advantage of until the damage is done.

I don't want to knock Palin (and McCain) too hard on the "Wall Street greed" meme, because they also talk about corruption. There was plenty of corruption on Wall Street, as bankers eagerly scooped up profits while pawning off the risk on others. Meanwhile, the rating agencies earned money by ignoring the risks inherent in securities backed by no-documentation, no-money-down mortgages in bubble housing markets.

What to do? The candidates are fuzzy on that.

Palin verbosely says we should "make sure that we demand from the federal government strict oversight of those entities in charge of our investments and our savings and we need also to not get ourselves in debt." McCain prescribes "stricter interpretation and consolidation of the various regulatory agencies that weren't doing their job."

Joe Biden blamed excess deregulation and "the belief that Wall Street could self-regulate itself." He self-said himself that we need more regulation, but he didn't specify what kind. Barack Obama, in his debate, was equally vague: "But we're also going to have to look at, how is it that we shredded so many regulations? We did not set up a 21st-century regulatory framework to deal with these problems. And that in part has to do with an economic philosophy that says that regulation is always bad."

OK, need regulation. Any specifics, lady and gentlemen?

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