Subprime Bailout
By Walter E. Williams
Wednesday, January 23, 2008

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A subprime lender is one who makes loans to borrowers who do not qualify for 
loans from mainstream lenders. It's a market that has evolved to permit 
borrowers with poor credit history and an unstable financial situation the 
opportunity to get home mortgages. The catch is they pay a higher and typically 
an adjustable rate mortgage (ARM). Encouraged by the housing bubble, easy 
credit, along with the expectation that housing prices would continue to 
appreciate, many subprime borrowers took out mortgages they could not afford in 
the long run, particularly if interest rates rose and housing prices 
depreciated. 
As with most economic problems, we find the hand of government. The Community 
Reinvestment Act of 1977, whose provisions were strengthened during the Clinton 
administration, is a federal law that mandates lenders to offer credit 
throughout their entire market and discourages them from restricting their 
credit services to high-income markets, a practice known as redlining. In other 
words, the Community Reinvestment Act encourages banks and thrifts to make 
loans to riskier customers. 

 
New homes are being constructed in Carlsbad, California January 18, 2008. U.S. 
President George W. Bush called on Congress on Friday to give the U.S. economy 
a "shot in the arm" with an election-year package of temporary tax cuts and 
other measures worth up to $150 billion. Financial markets are reeling amid 
bleak reports of declining retail sales and rising unemployment on top of 
soaring oil prices and a credit crunch brought on by a crisis in subprime 
mortgages. REUTERS/Mike Blake (UNITED STATES) 
Related Media:
VIDEO: 2007: The Subprime Meltdown 
VIDEO: Wall Street Bonus Breakdown 
According to an article in The Atlanta Journal-Constitution (11/04/07) titled 
"Black Atlantans often snared by subprime loans," by Carrie Teegardin, a 
national study of credit scores, not just mortgage loan applicants, found that 
52 percent of blacks have credit scores that would classify them as subprime 
borrowers compared with 16 percent of whites. 
Many lenders did make loans to people who had no realistic ability to pay them 
back. But that doesn't qualify as fraud, although there might have been a bit 
of exuberance in the repackaging of the mortgages into securities and selling 
them to investors. Some argue that many borrowers defrauded the banks by 
misrepresenting their income, the so-called "no doc" loans or "liar's loans". 
President Bush's plan to deal with the subprime crisis is to freeze interest 
rates on adjustable rate mortgages. Freezing interest rates would stop people's 
mortgage payments from increasing. That is a gross violation of basic contract 
rights and would appear to be a Fifth Amendment violation. If a contractual 
agreement is willingly entered into and agreed upon by a borrower and lender, 
it is binding and if broken by one party or the other, harsh penalties should 
ensue. Now here comes government, under the Bush plan, to declare millions of 
contracts null and void. The long run effect of the Bush plan is to make 
lending institutions even more selective in choosing borrowers. Then there's 
the question: If government can invalidate the terms of one kind of contractual 
agreement where the borrowers can't pay, what's to say that it won't invalidate 
other contractual agreements where the borrowers encounter hardship and what 
will that do to financial markets? 
The Bush bailout, as well as Federal Reserve Bank cuts in interest rates, is a 
wealth transfer from creditworthy people and taxpayers to those who made 
ill-advised credit decisions, and that includes banks as well as borrowers. 
According to Temple University professor of economics William Dunkelberg, 96 
percent of all mortgages are being paid on time. Thirty percent of American 
homeowners have no mortgage. Delinquency rates were higher in the 1980s than 
they are today. Only 2 to 3 percent of all mortgages are in foreclosure. The 
government bailout helps a few people at a huge cost to the rest of the 
economy. 
Government policy got us into the subprime mess and government's measure to fix 
the mess is going to create more mess. As such I'm reminded of Marcus Cook 
Connelly's spiritual play, "Green Pastures," where God laments to the Angel 
Gabriel, "Every time Ah passes a miracle, Ah has to pass fo' or five mo' to 
ketch up wid it," adding, "Even bein' God ain't no bed of roses." That's 
something the president and congressmen should think about and leave the 
miracle business up to God. 

Dr. Williams serves on the faculty of George Mason University as John M. Olin 
Distinguished Professor of Economics and is the author of More Liberty Means 
Less Government: Our Founders Knew This Well.


      
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