What Really Happened?
...There is no doubt that private miscalculation and imprudence made matters worse for more than a few lending institutions and individual borrowers. (One can’t explain an unusual cluster of errors by citing greed, which is always around, just as one can’t explain a cluster of airplane crashes by citing gravity. Anyway, the greedy aim at profits, not losses.)...
...Second, Congress strengthened the Community Reinvestment Act. The CRA had initially, from its passage in 1977, merely imposed reporting requirements on commercial banks. Amendments in 1995 empowered regulators to deny a bank with a low CRA rating permission to merge with another bank—at a time when the arrival of interstate banking made such approvals especially valuable—or even to open new branches. In response to the new CRA rules, some banks joined into partnerships with community groups to distribute millions in mortgage money to low-income borrowers previously considered non-creditworthy. Other banks took advantage of the newly authorized option to boost their CRA rating by purchasing special “CRA mortgage-backed securities,” that is, packages of disproportionately nonprime loans certified as meeting CRA criteria and securitized by Freddie Mac. Federal Reserve Chairman Ben Bernanke aptly commented in a 2007 speech that “recent problems in mortgage markets illustrate that an underlying assumption of the CRA—that more lending equals better outcomes for local communities may not always hold.”[8]
Third, the Department of Housing and Urban Development pressured lenders for “affordable housing” loans. Beginning in 1993, HUD officials began bringing legal actions against mortgage bankers that declined a higher percentage of minority applicants than white ones. To avoid legal trouble, lenders began relaxing their down-payment and income qualifications.[9]...
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...Nevertheless, there are plentiful data on commitments by large banks to make CRA-type loans in connection with applications to the Fed for permission to merge with small and medium-sized institutions between 1997 and 2007. In a 2007 report, for example, the National Community Reinvestment Coalition (NCRC) reported that in this ten-year period its member organizations had induced banks that were seeking merger approvals from the Fed and other agencies to commit almost $4.5 trillion in CRA-type lending. Press releases at the time these mergers were approved (available online) backed up this claim. After this report received publicity, it was pulled from NCRC’s website, though it is now available elsewhere on the web.[13] These report loans totaling $1.3 trillion made to fulfill prior commitments,[14] but determining the delinquency rates on these loans is impossible; banks have generally refused to make these data available, and the Financial Crisis Inquiry Commission (FCIC)—established by Congress to investigate the causes of the 2008 financial crisis—did not seriously attempt to investigate this issue....
...In a market where prices are rising quickly, homeowners who cannot meet their mortgage obligations can often refinance or sell their homes without a loss. In the midst of a housing bubble, therefore, subprime loans can look like excellent risk-adjusted investments. For this reason, by 2004, private investors had become interested in PMBS backed by subprime loans; these securities were offering high yields but not showing losses commensurate with their risk. This phenomenon was helped along by the fact that the low interest rates in the early 2000s had produced a vast number of refinanced and unseasoned mortgages, which in their early years characteristically have low rates of delinquency and default. ...
