Edward Lotterman: Don't believe the myth about the fiscal mess

 - Idaho Statesman

Published: 10/27/08


Share on Twitter Share on Facebook
print storyemail story to a friend
Comments (0) |

Bad government policies, including too-prolonged expansion of the money supply and haphazard financial-sector regulation, are major components of the economic mess we now face. But their interactions are complex.

Unfortunately, a simplistic myth is increasingly voiced - that everything would be hunky-dory if the federal government had not forced otherwise unwilling lenders to make risky loans to poor people.

U.S. Rep. Michele Bachmann, the Minnesota Republican who wants her colleagues audited for anti-Americanism, has been an enthusiastic propagator of the myth. In an op-ed last month, she asserted: "Using the authority of the Community Reinvestment Act, the big push for subprime mortgages began in earnest during the Clinton years. Banks that didn't play ball were subject to serious fines and lawsuits, and regulatory obstacles were placed in their way." She went on to say that risky loans resulting from government pressure composed the bulk of the bad mortgage-backed securities that were the precipitating cause of financial market chaos.

There are several problems with this argument.

First, the Community Reinvestment Act includes no provisions for fines, and no bank ever has been fined for a violation. A bad Community Reinvestment Act rating can give regulators cause to disapprove a merger or sale to another bank, but that is a rare occurrence.

More generally, the law is clear that compliance does not require any bank to make any loan that does not meet usual standards of safety and soundness.

Indeed, the original law is blandly unspecific. It requires only that banks make good-faith efforts to "meet the credit needs of their communities" in ways that are "consistent with safe and sound operations." As first enacted in 1977, this often meant bureaucratic file-building.

Agency rules governing how the law is implemented were revised in 1995 to reduce bureaucratic requirements and clarify just what constituted compliance. These specified, for example, that lending to farms or small businesses was evidence of serving community credit needs but instituted no mandate to make any specific loans.

This revision did take place during the Clinton administration but involved all the major federal bank regulators, including the FDIC, the Comptroller of the Currency and the Federal Reserve.

At that time, five of the seven Fed governors were Reagan or George H.W. Bush appointees, and the governor most directly involved in Community Reinvestment Act matters was Lawrence Lindsey, the only true-blue supply-sider ever to serve on the board. (Lindsey went on to be President George W. Bush's key economic adviser until he committed the faux pas of saying a war in Iraq might cost as much as $250 billion.)

A second problem with blaming the Community Reinvestment Act for subprime lending is that the law applies only to depository institutions insured by the FDIC. The vast number of subprime loans, including virtually all "Alt-A," "stated-income," "liar loans" and those with "negative amortization," were made by lenders exempt from the Community Reinvestment Act and other federal bank regulations.

In 2006, at the height of the boom, lenders subject to the Community Reinvestment Act made only 15 percent of all subprime loans, and their share of all such loans made to low-income households was about the same.

If you look at the 25 largest issuers of subprime loans, only one was a lender subject to the Community Reinvestment Act. The rest were nondepository mortgage lenders like New Century Financial, Ameriquest and Countrywide. Since these lenders did not have banking charters and did not accept deposits, they were not subject to most federal banking regulation, including the Community Reinvestment Act.

Third, thousands of banks passed Community Reinvestment Act examinations without ever making a subprime mortgage. Thus, it stretches credulity to argue that the government was using this act to force banks to make unsafe loans.

Western Bank, a family-owned, state-chartered bank in St. Paul, Minn., is a prime example. Steve Erdall, its CEO for the past two decades, said on his recent retirement: "I'm really proud that we're a high-performing bank, that we get the highest grades under the Community Reinvestment Act and that we proved that you could be profitable in the inner city. We've been lucky, but you didn't have to be smart to stay away from subprime mortgages. That was mortgage-broker and investment-banker greed."

That states it pretty well.

Those who argue the Community Reinvestment Act is a root cause of subprime problems often also point to Fannie Mae and Freddie Mac lowering their standards in response to political pressure, especially during the Clinton administration. This criticism is very solid. But that is the subject of another column.

Economist Edward Lotterman teaches and writes in St. Paul, Minn. Write him at ed@edlotterman.com.

OPTIONS: Most Read Stories  |  Story Comments  |  Email story  |  Print story

Story Comments
We welcome comments but ask that you remain on topic. Some comments may be reprinted elsewhere in the site or in the newspaper. Comments that are profane, personal attacks or otherwise inappropriate or are off topic are subject to removal. Repeat offenders will be blocked. Do not flag comments merely because you disagree with the comment.

more about comments here.
Local Deals
Find a Job
Keywords:
Location: