The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulations that Contributed to the 2008 Financial Crisis March 2, 2009 (ams) EXECUTIVE SUMMARY The 2008 financial crisis was the culmination of many variables: subprime lending and its lack of financial regulation and oversight, deregulation, and the risky securitization of mortgage loans to Wall Street investment banks and the global financial market. Prior to the emergence of these variables there was a push towards increasing homeownership to fulfill the ‚American Dream.‛ Research indicates that the Clinton and Bush Administrations supported changes in lending policy to achieve these goals. In addition, the repeal of the Glass-Stegall Act had severe implications to the financial market relaxing the investment practices of financial institutions, thus creating a similar crisis reminiscent of the Great Depression. As mortgage lenders began taking advantage of the new subprime market, the fixation for higher profits and unethical corporate culture started a domino effect resulting in unrealistic ratings of mortgage securities as they were bundled and sold on Wall Street. When these risky subprime loans began to default, the financial crisis resulted. Subsequently, the Fed was critized for not utilizing the definitions of the Home Ownership and Equity Protection Act (HOEPA), to monitor relevant subprime activity. Within this research project are the supportive details of how relaxed lending practices and regulations contributed to a financial crisis of global magnitude. 2 Table of Contents RESOURCES & SUMMARIES ........................................................................................................ 4 Articles ............................................................................................................................................. 4 Atlas, J. & Drier, P. (2007) ‚The Conservative Origins of the Sub-Prime Mortgage Crisis‛ The American Prospect ..................................................................................................... 4 Flynn, M. (2009) ‚Anatomy of a Breakdown‛ Reason ............................................................ 4 Kuttner, R. (2007) ‚Repeal of Glass Steagall has caused the Subprime Crisis‛ .................. 5 Periodicals ....................................................................................................................................... 5 Krinsman, A. (2007) ‚Subprime Mortgage Meltdown: How Did It Happen and How Will It End?‛ Journal of Structured Finance ............................................................................... 5 Taylor, J. B. (2009) ‚How Government Created the Financial Crisis‛ The Wall Street Journal............................................................................................................................................ 6 Working Papers .............................................................................................................................. 6 Park, K. (2008) ‚Subprime Lending and the Community Reinvestment Act‛ The Joint Center for Housing Studies of Harvard University ...................................................................... 6 Mozilo, A. R. (2003) ‚The American Dream of Homeownership: From Cliché to Mission‛ The Joint Center for Housing Studies of Harvard University...................................... 6 Books ................................................................................................................................................ 7 Gramlich, E. M. (2007) Subprime Mortgages: America’s Latest Boom and Bust .............. 7 Shiller, R. J. (2008) The Subprime Solution: How Today’s Global Financial Crisis Happened, and What to do about it. ........................................................................................ 7 Websites ........................................................................................................................................... 8 Center for Responsible Lending ................................................................................................ 8 CNBC – House of Cards ............................................................................................................. 8 National Association of Mortgage Fiduciaries ........................................................................ 8 PBS – Frontline Homepage: Inside the Meltdown.................................................................. 8 Links ................................................................................................................................................. 8 American Bar Association Web link ......................................................................................... 8 Consumer Affairs Web Link ...................................................................................................... 8 Harvard Kennedy School Web Link ......................................................................................... 9 House Financial Services Committee Web Link ..................................................................... 9 Page 2 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center. 3 Naked Capitalism Web Link...................................................................................................... 9 Videos/Media ................................................................................................................................ 10 MSNBC Interview with Mark Zachary .................................................................................. 10 CBS – Confessions of a Subprime Lender .............................................................................. 10 CBS – An Invitation to Fraud ................................................................................................... 10 CBS – Countrywide CEO Scrutinized .................................................................................... 10 CBS – Subprime Mortgage Meltdown .................................................................................... 10 CBS – Where is the Bottom? ..................................................................................................... 10 House of Cards Slideshow – Origins of the Financial Crisis ‚Then and Now‛ ............... 11 House of Cards Video ............................................................................................................... 11 Frontline: Inside the Meltdown Documentary ...................................................................... 11 Exhibits .......................................................................................................................................... 11 Exhibit A – Stipulated Judgment and Injunction: ................................................................. 11 Exhibit B – Plantiff’s Original Complaint: ............................................................................. 11 CONCLUDING REMARKS ........................................................................................................... 12 ADDITIONAL THREADS FOR FUTURE REFERENCE .......................................................... 12 Bond, C. & Williams, R. (2007). Residential Segregation and the Transformation of Home Mortgage Lending. Societal Forces. Vol. 86 No. 8 pp. 671-696. ................................ 12 Calem, P., Gillen, K. & Wachter, S. (2004). The Neighborhood Distribution of Subprime Mortgage Lending. Journal of Real Estate Finance and Economics. Vol. 29 No. 4. pp. 393410................................................................................................................................................ 12 U.S. Department of Housing and Urban Development. ...................................................... 12 Page 3 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center. 4 RESOURCES & SUMMARIES Articles Atlas, J. & Drier, P. (2007) ‚The Conservative Origins of the Sub-Prime Mortgage Crisis‛ The American Prospect This article can be retrieved from: http://www.prospect.org/cs/articles?article=the_conservative_origins_of_the_subprime_mor tgage_crisis In this article, the authors claim that the root of the problem of subprime mortgages stems from, ‚old failure of government to adequately regulate the banking industry.‛ They explain what subprime mortgages are, and suggest that they became a ‚goldmine‛ as ‚subprime business had become a $1.5 trillion global market for investors seeking high returns.‛ In addition, they reveal that many of these mortgage executives cashed out before the market took its catastrophic crash, giving detail to the millions they received in personal profits. They point out the conspiratory relationships built on predatory loans between loan agents and contractors or appraisers, yet on the contrary explain that some of these subprime borrowers were, ‚speculators themselves, seeking to profit from the real estate housing bubble.‛ Flynn, M. (2009) ‚Anatomy of a Breakdown‛ Reason This article can be retrieved from: Research Library Core database. (Document ID: 1611293851) at http://www.redlands.edu/x1962.asp The article begins with the thought that, ‚concerted government policy helped trigger the financial meltdown—and will almost certainly extend it.‛ The author promotes the idea that politicians became ‚intoxicated‛ with promoting affordable housing in the 1990’s stating that ‚Congress was mandating 50 percent of mortgages issued by Fannie and Freddie were going to households making below their area’s median income.‛ He suggests that Bill Clinton and George W. Bush pushed for lending to low-income households and changes in federal policy that made this achievable. He points out that Fannie and Freddie had no oversight and potentially was involved with, ‚extensive financial fraud‛. Page 4 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center. 5 Kuttner, R. (2007) ‚Repeal of Glass Steagall has caused the Subprime Crisis‛ This article can be retrieved from: http://www.tigerboard.com/boards/missouritigers.php?message=5408339 Founding Co-Editor of The American Prospect, Robert Kuttner, testifies before the Committee on Financial Services on October 2, 2007 paralleling the risks of the 1920’s to our current financial state claiming that, ‚the abuses and risks are all too similar and enduring.‛ In his testimony, he lists and identifies the exact abuses that took place before the Great Depression. He makes an important statement declaring, ‚yet another parallel is the failure of regulation to keep up with financial innovation that is either far too risky to justify the benefit to the real economy, or just plain corrupt, or both.‛ He stated that the 1994 Home Equity and Ownership Protection Act gave the Fed authority to oversee the lending practices, claiming that they should have ‚policed‛ the underwriting standards and practices. He concludes to the committee that the parallels leave him with a startling sense of ‚déjà vu.‛ *Original testimony by Robert Kuttner to the U.S. House of Representative October 2, 2007 also found by visiting: http://financialservices.house.gov/hearing110/testimony_-_kuttner.pdf Periodicals Krinsman, A. (2007) ‚Subprime Mortgage Meltdown: How Did It Happen and How Will It End?‛ Journal of Structured Finance This article can be retrieved from: ABI/INFORM Global database. (Document ID: 1326940091) at http://www.redlands.edu/x1962.asp This article begins with explaining why the subprime mortgage market was so prosperous, detailing how ‚borrower friendly criteria‛ allowed these mortgage products to prevail in the market. The author emphasizes the fact the there were relaxed underwriting standards and characteristics of risk layering. He also details how the lender verification and document requirements were relaxed thus earning the title, ‚low and no document loans.‛ In conclusion, he reasons that the best approach to handle the situation is for new federal regulations, but ends with the question, ‚how will the problems end?‛ Page 5 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center. 6 Taylor, J. B. (2009) ‚How Government Created the Financial Crisis‛ The Wall Street Journal This article can be retrieved from: http://online.wsj/article/SB123414310280561945.html The Bowen H. and Janice Arthur McCoy Senior Fellow at the Hoover Institution and the Mary and Robert Raymond Professor of Economics at Stanford University, John B. Taylor, reveals that many people want some sort of commission or investigation into the financial crisis. He claims that his research shows that, ‚government actions and interventions – not any inherent failure or instability of the private economy caused, prolonged and dramatically worsened the crisis.‛ He also notes that GSE’s, Fannie Mae and Freddie Mac were encouraged to buy such risky mortgage related securities. Working Papers Park, K. (2008) ‚Subprime Lending and the Community Reinvestment Act‛ The Joint Center for Housing Studies of Harvard University This article can be retrieved from: http://www.jchs.harvard.edu/publications/governmentprograms/n08-2_park.pdf Kevin Park provides data from the Home Mortgage Disclosure Act (HMDA) that statistically proves that the Community Reinvestment Act (CRA) only accounted for a fraction of the subprime mortgages, where as others strongly believe that the CRA attributed to a larger portion of mortgage lending in lower income communities. This study provides the premise that the CRA was not a significant factor in subprime lending, while reinforcing the predominant opinion that the financial ruin was attributed by lack of regulation. Mozilo, A. R. (2003) ‚The American Dream of Homeownership: From Cliché to Mission‛ The Joint Center for Housing Studies of Harvard University This article can be retrieved from: http://www.jchs.harvard.edu/publications/homeownership/M03-1_mozilo.pdf Countrywide CEO, Angelo Mozilo’s, presentation to The Joint Center for Housing Studies of Harvard University shows his intentions before the fall of Countrywide. He expands on all of the goals he desired for his corporation and practices of predatory lending that he Page 6 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center. 7 stood so strongly against yet became one of the most notorious CEO’s within the subprime scandal. While his paper supports his mission that he wanted to expand homeownership following in line with certain politicians, his tactics of doing such clearly bred an unethical culture in many of his branches thus contributing to the financial crisis in the end. This paper shows his good intentions and goal for the expansion of homeownership, yet his actions apparently declared that he would achieve this by any means necessary. Books Gramlich, E. M. (2007) Subprime Mortgages: America’s Latest Boom and Bust This article can be reviewed at: http://www.urban.org/books/SubprimeMortgages/ The Richard B. Fisher Senior Fellow at the Urban Institute and former Federal Reserve Governor, Edward M. Gramlich, describes the new mortgage market, its products and the evolution of subprime mortgages. Gramlich describes how the Depository Institutions Deregulatory and Monetary Control Act of 1980 allowed mortgage lenders to make high interest loans to, ‚the worst credit prospects of the new borrowers.‛ In addition, he describes how Community Based Organizations (CBO’s) began receiving funding to support this growing subprime trend. Giving accounts to the lack of supervision in the market, he delves into how subprime mortgages opened up the gates to predatory lending practices, loan flipping and equity stripping. Essentially, this book is important in explaining to readers what allowed subprime mortgages to occur, thus expanding individual’s knowledge of how these mortgages and lending tactics contributed to the financial crisis. Shiller, R. J. (2008) The Subprime Solution: How Today’s Global Financial Crisis Happened, and What to do about it. This article can be reviewed at: http://press.princeton.edu/titles/8714.html Robert Shiller is the Arthur M. Okun Professor of Economics at Yale University. In his book, he details that the subprime crisis began with the ‚psychology of the real estate bubble‛ giving an account to the fact that there was a growing increase in ‚dishonesty among mortgage lenders; increasing greed among securitizers, hedge funds, and rating agencies; or the mistakes of former Federal Reserve chairman Alan Greenspan.‛ The author often gives reference to the similarities of the Great Depression and blames the ‚housing bubble‛ as the major cause of the greater financial trouble that we are in today. He describes this ‚belief in Page 7 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center. 8 the bubble‛ that allowed lenders to relax standards, lead to no documentation loans and new mortgage products. The book ends with viable solutions, and offers the thought that it does not do us any good to point the finger at anyone and in doing so, people and policy makers will, ‚lose sight of the real solution.‛ Websites Center for Responsible Lending http://www.responsiblelending.org/ CNBC – House of Cards http://www.cnbc.com/id/28892719 National Association of Mortgage Fiduciaries http://mortgagefiduciaries.com/ PBS – Frontline Homepage: Inside the Meltdown http://www.pbs.org/wgbh/pages/frontline/meltdown/ Links American Bar Association Web link http://abanet.org/buslaw/blt/2008-07-08/nelson.shtml Nelson, Travis P. ‚Trends in Subprime Lending‛ – Legislation, Litigation, and Enforcement on the Rise This article proves that the Subprime market collapse, ‚was a result of two distinct factors: investors’ continuing search for higher yields and ordinary Americans’ pursuit of the American dream of home ownership – at whatever cost or terms.‛ In addition, the article details how Subprime loan products were presented to consumers and offers tips on prevention for the future. Consumer Affairs Web Link Page 8 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center. 9 http://www.consumeraffairs.com/news04/2006/01/predatory_states.html Bosworth, Martin H. ‚States Battle Feds Over Predatory Lending Laws‛ – Financial Interests Shower Money on a Corrupt Congress This article emphasizes the benefits that lenders received as a result of deregulation, and argues the issue of Congressional leaders receiving favors as a result of extensive lobbying efforts. In addition, the author highlights consumer advocates such as the Center for Responsible Lending (CRL), which was an advocate against the ‚Responsible Lending Act‛ saying that the bill would put ‚subprime borrowers at even greater risk of expensive prepayment penalties, excessive additional fees and outright mortgage fraud.‛ Harvard Kennedy School Web Link http://www.hks.harvard.edu/news-events/news/any-breathing-borrowing ‚Harvard Retsinas Commentary: The End of the ‘Any Breathing Borrower’ Era‛ The Director of the Joint Center for Housing Studies, Nicolas Retsinas, comments on that the Community Reinvestment Act of 1977, which set government standards of lending in communities to people with modest credit. He states that the subprime market had few regulations and minimal federal oversight. In addition, he claims that this new market made its money by ‚liar loans‛ proving that this was a trend in the new subprime lending era, and reminds the reader that brokers and lenders were compensated on the ‚origination of the loans not on loans repaid.‛ In short, this article supports the idea that the lack of regulation is a dominant factor in the cause of the financial crisis. House Financial Services Committee Web Link http://financialservices.house.gov/predatory.html ‚Predatory and Subprime Mortgage Lending Issues‛ – Congressional Progress on Minimizing and Improving Subprime Lending This article argues the fact that there was no legislation or national standard that patrolled predatory lending and admits that ‚abusive lending practices contributed to the current mortgage crisis.‛ The article introduces the House of Representatives establishment of The Mortgage Reform and Anti-Predatory Lending Act of 2007, and details the major provisions of the proposed legislation. Naked Capitalism Web Link Page 9 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center. 10 http://www.nakedcapitalism.com/2007/06/greenspan-opposed-greater-oversight-of.html ‚Greenspan Opposed Greater Oversight of Subprime Lenders‛ This article discusses the Fed’s choice to not invoke the Home Ownership and Equity Protection Act (HOEPA), which requires subprime mortgage activity to be reported to the relevant regulators. In addition, the author criticizes the Fed for not requiring banks to perform random audits. However, the primary focus of the article is its criticism against Alan Greenspan for not paying more attention to banking activity with respect to subprime mortgages. Videos/Media MSNBC Interview with Mark Zachary – Time: 3:06 http://www.msnbc.msn.com/id/21134540/vp/25462215#25462215 CBS – Confessions of a Subprime Lender – Time: 2:03 http://www.cbsnews.com/video/watch/?id=4264657n%3fsource=search_video CBS – An Invitation to Fraud – Time: 1:33 http://www.cbsnews.com/video/watch/?id=4831599n%3fsource=search_video CBS – Countrywide CEO Scrutinized – Time: 2:31 http://www.cbsnews.com/video/watch/?id=3916362n%3fsource=search_video CBS – Subprime Mortgage Meltdown – Time 1:57 http://www.cbsnews.com/video/watch/?id=2599048n%3fsource=search_video CBS – Where is the Bottom? -Video Clip – Time 0:28 http://www.cbsnews.com/video/watch/?id=4667206n%3fsource=search_video -Full Video on YouTube – Time: 5:58 http://www.youtube.com/watch?v=Kin1fxZAJZE&feature=related Page 10 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center. 11 House of Cards Slideshow – Origins of the Financial Crisis ‚Then and Now‛ - Time: 18 Slides http://www.cnbc.com/id/28993790?slide=1 House of Cards Video - Time: 0:44 http://www.cnbc.com/id/15840232?video=1029028275 Frontline: Inside the Meltdown Documentary – Time: 56:23 http://www.pbs.org/wgbh/pages/frontline/meltdown/view/ Exhibits These legal documents provide an important perspective upon what types of illegal and unethical corporate practices Countrywide participated in regarding the subprime mortgage meltdown that became a contributory factor in the financial crisis. Exhibit A – Stipulated Judgment and Injunction: The People of the State of California v. Countrywide Financial Superior Court of California Filed October 20, 2008 http://ag.ca.gov/cms_attachments/press/pdfs/n1618_cw_judgment.pdf Retrieved from: http://ag.ca.gov/newsalerts/release.php?id=1618 Exhibit B – Plantiff’s Original Complaint: Mark Zachary v. Countrywide Financial Texas Southern District Court Filed January 17, 2008 http://www.responsiblelending.org/pdfs/cwd-zachary.pdf Retrieved from: http://www.responsiblelending.org/issues/mortgage/countrywidewatch/litigation/zachary-v-countrywide-financial-corporation-et-al.html Page 11 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center. 12 CONCLUDING REMARKS It is important that individuals understand from this research and analysis how the financial crisis originated and what factors contributed to the market meltdown, to show the consequences and results of regulation, deregulation and unethical behavior. Consequently, understanding the social and ethical dimensions of this crisis can help foster solutions that deterring this type of financial devastation from occurring again. This is critical because while the US crisis threatened the livelihood of our own financial market, it also resulted in severe implications to the global economy. The most reliable solutions will be present in a strategic balance of effective economic policy, appropriate regulation and oversight, and strong ethical corporate culture and values. ADDITIONAL THREADS FOR FUTURE REFERENCE All of the references below have threads for future reference toward the idea that subprime lending was a matter of gender and or race differential. In addition, the study by the U.S. Department of Housing and Urban Development provides an origination of subprime lending, its expansion and the role of GSE’s and risk-based pricing, while also detailing a historical perspective of the original intents of the subprime market. Bond, C. & Williams, R. (2007). Residential Segregation and the Transformation of Home Mortgage Lending. Societal Forces. Vol. 86 No. 8 pp. 671-696. Calem, P., Gillen, K. & Wachter, S. (2004). The Neighborhood Distribution of Subprime Mortgage Lending. Journal of Real Estate Finance and Economics. Vol. 29 No. 4. pp. 393-410. U.S. Department of Housing and Urban Development. Unequal Burden: Income and Racial Disparities in Subprime Lending in America. Retrieved on January 29, 2009 from: http://www.huduser.org/Publications/pdf/unequal_full.pdf Page 12 of 12 The Social & Ethical Dimensions of the Subprime Mortgage Crisis: An Analysis of Lending and Regulation that Contributed to the 2008 Global Financial Crisis, March 02, 2009 (ams) USER’S NOTE: This Research Document and all Original Summary Language is the claimed PROPRIETARY PROPERTY of the Banta Center for Business, Ethics and Society. No replication of the research document as a whole or original summary language may be made without the express written permission of the director of the Banta Center.