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OPINION
How to Stop the Mortgage Crisis
By MARTIN FELDSTEIN
March 7, 2008; Page A15
WALL STREET JOURNAL

The potential collapse of house prices, accompanied by widespread
mortgage defaults, is a major threat to the American economy. A
voluntary loan-substitution program could reduce the number of
defaults and dampen the decline in house prices -- without violating
contracts, bailing out lenders or borrowers, or increasing government
spending.

The unprecedented combination of rapid house-price increases, high
loan-to-value (LTV) ratios, and securitized mortgages has made the
current housing-related risk greater than anything we have seen since
the 1930s. House prices exploded between 2000 and 2006, rising some
60% more than the level of rents. The inevitable decline since
mid-2006 has reduced prices by 10%. Experts forecast an additional 15%
to 20% decline to correct the excessive rise. The real danger is that
prices could fall substantially further if there are widespread
defaults and foreclosures.

Irresponsible lending created new mortgages with LTV ratios of nearly
100%. By the end of 2006, the fall in prices caused 7% of mortgages to
have LTV ratios above 100%. A further 20% of mortgages had LTV ratios
over 80% and will shift to negative equity as prices decline.

Most mortgages are no longer held by originating lenders, but are
securitized and sold to investors world-wide. More significant,
mortgages are used to create complex, asset-backed securities that are
central to current credit-market problems. Investors no longer own
specific mortgages, but only have rights to certain conditional
payment streams. So generally, it is no longer possible to prevent
foreclosures by negotiations between borrowers and lenders.

The 1.8 million mortgages now in default have created substantial
personal hardship. The 10% decline in house prices has cut household
wealth by more than $2 trillion, reducing consumer spending and
increasing the risk of a deep recession. Defaults also damage the
capital of lending institutions, causing further declines in credit
and economic activity.

Rising unemployment during a downturn will force more homeowners to
default, driving house prices lower. Since mortgages are generally "no
recourse" loans, when there is a default the mortgage lender can only
collect the value of the property. The lender does not have the right
to seize other property (a car, a boat, money in the bank) or to put a
lien on future wages. Thus, a homeowner with a mortgage that exceeds
the value of his house has a strong incentive to default, even if he
can afford to make the monthly payments.

Optimists note that homeowners with negative equity have generally
been reluctant to default in past years. That was sensible when house
prices were rising. But with house prices falling, defaulting on the
mortgage is the rational thing to do.

Limiting the number of such defaults, and preventing the overshooting
of price declines, requires a public policy to reduce the number of
homeowners who will slide into negative equity. Since house prices
still have further to fall, this can only be done by a reduction in
the value of mortgages.

None of the current mortgage-reduction proposals are satisfactory.
Although bankers sometimes have the incentive to reduce mortgage-loan
balances voluntarily in order to avoid a foreclosure, this is usually
not possible because the syndication of mortgage loans means that
there is generally not a single lender who can agree to the mortgage
writedown.

Proposals to force creditors to accept write-downs of interest or
principal violate their contractual rights, reducing the future
availability of mortgage credit and raising the relative interest rate
on future mortgages. Reviving the depression-era Home Owners' Loan
Corporation would have the government use taxpayer money to pay off
existing loans and become the largest mortgage lender in the country.
This would require an enormous federal bureaucracy of appraisers and
loan agents.

If the government is to reduce significantly the number of future
defaults, something fundamentally different is needed. Although there
is no perfect plan, a program of federal mortgage-paydown loans to
individuals, secured by future income rather than by a formal
mortgage, could reduce the number of mortgages with high LTV ratios
and cut future defaults.

Here's one way that such a program might work:

The federal government would lend each participant 20% of that
individual's current mortgage, with a 15-year payback period and an
adjustable interest rate based on what the government pays on two-year
Treasury debt (now just 1.6%). The loan proceeds would immediately
reduce the borrower's primary mortgage, cutting interest and principal
payments by 20%. Participation in the program would be voluntary and
participants could prepay the government loan at any time.

The legislation creating these loans would stipulate that the interest
payments would be, like mortgage interest, tax deductible. Individuals
who accept the government loan would be precluded from increasing the
value of their existing mortgage debt. The legislation would also
provide that the government must be repaid before any creditor other
than the mortgage lenders.

Although individuals who accept the loan would not be lowering their
total debt, they would pay less in total interest. In exchange for
that reduction in interest, they would decrease the amount of the debt
that they can escape by defaulting on their mortgage. The debt to the
government would still have to be paid, even if they default on their
mortgage.

Participation will therefore not be attractive to those whose
mortgages that already exceed the value of their homes. But for the
vast majority of other homeowners, the loan-substitution program would
provide an attractive opportunity.

Although home owners may recognize that the national average level of
house prices has further to fall, they do not know what will happen to
the price of their own home. They will participate if they prefer the
certainty of an immediate and permanent reduction in their interest
cost to the possible option of defaulting later if the price of their
own home falls substantially.

The loan-substitution program would decrease the number of homeowners
who would come to have negative equity as house prices decline. That
reduces the number of homeowners who will have an incentive to
default, thereby limiting the risk of a downward spiral of house
prices.

Since individuals now have the right to prepay any part of their
mortgage debt, the 20% reduction in the mortgage balance would not
violate mortgage creditors' rights. Creditors should welcome the
mortgage paydowns, because they make the remaining mortgage debt more
secure. The 20% repayments to creditors would also create a major
source of funds that should stimulate all forms of lending.

The simplest way to administer the new loans would be for the current
mortgage servicer to collect on behalf of the government and remit
those funds to Washington. There would be no need for a new government
bureaucracy, for new appraisals, or for negotiations in bankruptcy.
The program could be up and running within months after the
legislation is passed.

The government would fund these loans by issuing new two-year debt and
rolling over the debt until the loans are fully repaid, thus
eliminating any net cost to the government. The government loans would
not add to the budget deficit or to the net debt of the nation. Gross
government debt would rise by the amount of the new government
lending, but this would be balanced by the asset value of those loans.

The current possibility of widespread defaults is a cloud over all
mortgage-backed securities, and over credit markets generally. The
uncertainty about the future value of such asset-backed loans has been
a primary reason credit markets have become dysfunctional. And without
a flow of credit, the economy cannot expand.

To lower the risk of a downward spiral of house prices and to revive
the frozen credit markets, the government must move quickly to reduce
the potential number of mortgage defaults. A loan substitution program
may be the best way to achieve that.

Mr. Feldstein, chairman of the Council of Economic Advisers under
President Reagan, is a professor at Harvard and a member of The Wall
Street Journal's board of contributors.

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