A
little more than a decade ago, William Brennan foresaw the financial
collapse of 2008. As director of the Home Defense Program at the
Atlanta Legal Aid Society, he watched as subprime lenders earned
enormous profits making mortgages to people who clearly couldn’t afford
them.
The loans were bad for borrowers — Brennan knew that. He also knew
the loans were bad for the Wall Street investors buying up these shaky
mortgages by the thousands. And he spoke up about his fears. “I think
this house of cards may tumble some day, and it will mean great losses
for the investors who own stock in those companies,” he told members of
the Senate Special Committee on Aging in 1998.
It turns out that Brennan didn’t know how right he was. Not only did
those loans bankrupt investors, they nearly took down the entire global
banking system.
Washington was warned as long as a decade ago by bank regulators,
consumer advocates, and a handful of lawmakers that these high-cost
loans represented a systemic risk to the economy, yet Congress, the
White House, and the Federal Reserve all dithered while the subprime
disaster spread. Long forgotten
Congressional hearings and
oversight reports, as well as interviews with former officials, reveal
a troubling history of missed opportunities, thwarted regulations, and
lack of oversight.
What’s more, most of the lending practices that led to the disaster are still entirely legal.
Growth of an Industry
Congress paved the way for the creation of the subprime lending
industry in the 1980s with two obscure but significant banking laws,
both sponsored by Fernand St. Germain, a fourteen-term Democratic
representative from Rhode Island. Some 2.26 million people may lose
their homes to foreclosure in the next two years due to subprime
lending, says a recent report by the Pew Charitable Trusts.
The Depository Institutions Deregulation and Monetary Control Act of
1980 was enthusiastically endorsed by then-President Jimmy Carter. The
act, passed in a time of high inflation and declining savings, made
significant changes to the financial system and included a clause
effectively barring states from limiting mortgage interest rates. As
the subprime lending industry took off 20 years later, the act allowed
lenders to charge 20, 40, even 60 percent interest on mortgages.
The other key piece of legislation was the Alternative Mortgage
Transaction Parity Act, passed in 1982. The act made it possible for
lenders to offer exotic mortgages, rather than the plain-vanilla
30-year, fixed-rate loan that had been offered for decades.
With the passage of the Parity Act, a slew of new mortgage products
was born: adjustable-rate mortgages, mortgages with balloon payments,
interest-only mortgages, and so-called option-ARM loans. In the midst
of a severe recession, these new financial products were seen as
innovative ways to get loans to borrowers who might not qualify for a
traditional mortgage. Two decades later, in a time of free-flowing
credit, the alternative mortgages became all too common.
The Parity Act also allowed federal regulators at the Office of
Thrift Supervision and the Office of the Comptroller of the Currency to
set guidelines for the lenders they regulate, preempting state banking
laws. In the late 1990s, lenders began using the law to circumvent
state bans on mortgage prepayment penalties and other consumer
protections.
In the late 1980s and early 1990s, subprime loans were a relatively
small portion of the overall lending market. Subprime loans carry
higher interest rates and fees, and were supposed to be for people
whose bad credit scores prevented them from getting a standard — or
prime — loan. Consumer advocates at the time were mostly concerned
about reports of predatory practices, with borrowers getting gouged by
high rates and onerous fees. Congress responded in 1994 with passage of
the Home Ownership and Equity Protection Act, or HOEPA.
The act, written by former Representative Joseph P. Kennedy, a
Democrat from Massachusetts, created restrictions on “high-cost” loans,
which were defined as having an interest rate that was more than 10
percentage points above rates for comparable Treasury securities. If
points and fees totaled more than 8 percent of the loan amount, or
$400, whichever was higher, the loan was also considered high cost.
High-cost loans were still legal, but contained some restrictions.
Prepayment penalties and balloon payments before five years were banned
or restricted. Also prohibited was negative amortization, a loan
structure in which the principal actually grows over the course of the
mortgage, because the monthly payments are less than the interest owed.
But the bill did not include a ban on credit insurance — an expensive
and often unnecessary insurance product packed into loans, creating
substantial up-front costs. Nor did it ban loan flipping, in which a
borrower’s loan is refinanced over and over again, stripping equity
through closing costs and fees.
At the time of HOEPA’s passage, the subprime lending industry had
two main elements: small, regional lenders and finance companies. The
regional lenders specialized in refinancing loans, charging interest
rates between 18 and 24 percent, said Kathleen Keest, a former
assistant attorney general in Iowa who is now an attorney with the
Center for Responsible Lending, a fair lending advocacy organization.
HOEPA sought to eliminate the abusive practices of the regional lenders
without limiting the lending of the finance companies — companies like
Household, Beneficial, and the Associates — viewed then as the
legitimate face of subprime, Keest said.
HOEPA did largely succeed in eliminating the regional lenders. But
the law didn’t stop subprime lending’s rapid growth. From 1994 to 2005,
the market ballooned from $35 billion to $665 billion, according to a
2006 report from the Center for Responsible Lending, using industry
data. In 1998, the CRL report said, subprime mortgages were 10 percent
of all mortgages. By 2006, they made up 23 percent of the market.
The loans themselves also changed during the 2000s. Adjustable-rate
mortgages, which generally begin at a low fixed introductory rate and
then climb to a much higher variable rate, gained market share. And
over time, the underwriting criteria changed, with lenders at times
making loans based solely on the borrower’s “stated income” — what the
borrower said he earned. A 2007 report from Credit Suisse found that
roughly 50 percent of all subprime borrowers in 2005 and 2006 — the
peak of the market — provided little or no documentation of their
income.
As the subprime lending industry grew, and accounts of abusive
practices mounted, advocates, borrowers, lawyers, and even some lenders
clamored for a legislative or regulatory response to what was emerging
as a crisis. Local legal services workers saw early on that high-cost
loans were creating problems for their clients, leading to waves of
foreclosures in cities like Brooklyn, Philadelphia, and Atlanta.
Wall Street Changes Dynamic
Subprime loans weren’t designed to fail. But the lenders didn’t care whether they failed or not.
Unlike
traditional mortgage lenders, who make their money as borrowers repay
the loan, many subprime lenders made their money up front, thanks to
closing costs and brokers fees that could total over $10,000. If the
borrower defaulted on the loan down the line, the lender had already
made thousands of dollars on the deal.
And increasingly, lenders were selling their loans to Wall Street,
so they wouldn’t be left holding the deed in the event of a
foreclosure. In a financial version of hot potato, they could make bad
loans and just pass them along,
In 1998, the amount of subprime loans reached $150 billion, up from
$20 billion just five years earlier. Wall Street had become a major
player, issuing $83 billion in securities backed by subprime mortgages
in 1998, up from $11 billion in 1994, according to the Department of
Housing and Urban Development. By 2006, more than $1 trillion in
subprime loans had been made, with $814 billion in securities issued.
Among those sounding an early alarm was Jodie Bernstein, director of
the Bureau of Consumer Protection at the Federal Trade Commission from
1995 to 2001. She remembers being particularly concerned about Wall
Street’s role, thinking “this is outrageous, that they’re bundling
these things up and then nobody has any responsibility for them.
They’re just passing them on.”
The FTC knew there were widespread problems in the subprime lending
arena and had taken several high-profile enforcement actions against
abusive lenders, resulting in multi-million dollar settlements. But the
agency had no jurisdiction over banks or the secondary market. “I was
quite outspoken about it, but I didn’t have a lot of clout,” Bernstein
recalled.
Speaking before the Senate Special Committee on Aging in 1998,
Bernstein noted with unease the big profits and rapid growth of the
secondary mortgage market. She was asked whether the securitization and
sale of subprime loans was facilitating abusive, unaffordable lending.
Bernstein replied that the high profits on mortgage backed securities
were leading Wall Street to tolerate questionable lending practices.
Asked
what she would do if she were senator for a day and could pass any law,
Bernstein said that she would make players in the secondary market —
the Wall Street firms bundling and selling the subprime loans, and the
investors who bought them — responsible for the predatory practices of
the original lenders. That didn’t happen.
Instead, over the next six or seven years, demand from Wall Street
fueled a rapid decline in underwriting standards, according to Keest of
the Center for Responsible Lending. Once the credit-worthy borrowers
were tapped out, she said, lenders began making loans with little or no
documentation of borrowers’ income.
“If you’ve got your choice between a good loan and a bad loan,
you’re going to make the good loan,” Keest said. “But if you’ve got
your choice between a bad loan and no loan, you’re going to make the
bad loan.”
If the loan was bad, it didn’t matter — the loans were being passed
along to Wall Street, and at any rate, the securitization process
spread the risk around. Or so investors thought.
Signs of a Bigger Problem
Even as subprime lending took off, the trend in Congress was to
approach any issues with the new mortgages as simple fraud rather than
a larger risk to the banking industry.
“In the late 1990s, the problem was looked at exclusively in the
context of borrower or consumer fraud, not systemic danger,” recalls
former Representative Jim Leach, a Republican from Iowa. Leach served
as chair of the House Banking and Financial Services Committee from
1995 through 2000.
Some on Capitol Hill tried to address the problems in the subprime
market. In 1998, Democratic Senator **** Durbin of Illinois tried to
strengthen protections for borrowers with high cost loans. Durbin
introduced an amendment to a major consumer bankruptcy bill that would
have kept lenders who violated HOEPA from collecting on mortgage loans
to bankrupt borrowers.
The amendment survived until House and Senate Republicans met to
hammer out the final version of the legislation, under the leadership
of Senator Charles Grassley, the Iowa Republican who was the principal
Senate sponsor of the bankruptcy bill. The predatory lending clause,
along with other consumer protections, disappeared. (Staffers for Sen.
Grassley at the time say they don’t remember the amendment.) Faced with
opposition from Durbin as well as President Clinton, the new version of
the bill was never brought to a vote.
More calls for action surfaced in 1999, when the General Accounting
Office (now the Government Accountability Office) issued a report
calling on the Federal Reserve to step up its fair lending oversight.
Consumer groups, meanwhile, were raising concerns that mortgage
companies owned by mainstream banks — so-called non-bank mortgage
subsidiaries — were making abusive subprime loans, but these
subsidiaries were not subject to oversight by the Federal Reserve. In
fact, the Federal Reserve in 1998 had formally adopted a policy of not
conducting compliance examinations of non-bank subsidiaries. The GAO
report recommended that the Federal Reserve reverse course and monitor
the subsidiaries’ lending activity.
The Fed disagreed, saying that since mortgage companies not
affiliated with banks were not subject to examinations by the Federal
Reserve, examinations of subsidiaries would “raise questions about
‘evenhandedness.’” According to GAO, the Federal Reserve Board of
Governors also said that “routine examinations of the nonbank
subsidiaries would be costly.”
In 2000, Congress revisited the subprime issue. Again, the concern
was more about predatory lending practices than systemic risk. But, as
in 1998, there were warnings about larger problems.
Ellen Seidman, director of the Office of Thrift Supervision,
testified that predatory lending was an issue of serious concern to the
OTS in part because it raised major safety and soundness concerns for
banks. Seidman, speaking before the House Banking and Financial
Services Committee in May 2000, said investors needed more education
about mortgage-backed securities, because “predatory loans are not good
business, not simply because they are unethical, but because they can
damage reputations and hurt stock prices.”
Cathy Lesser Mansfield, a law professor at Drake University,
presented the House committee with specific and alarming data on the
interest rates and foreclosure rates of subprime loans nationwide.
“Probably the scariest data for me personally,” Mansfield testified,
“was a single pool foreclosure rate.” Mansfield had looked at the
foreclosure rate for one pool of loans that had been bundled and sold
on Wall Street. About a year and a half after the pool was created,
almost 28 percent of the loans were in delinquency or foreclosure, she
said.
“That means in that single pool, if that is symbolic for the
industry, that means there might be a one in four chance of a borrower
losing their home to a lender,” she told the committee.
Representative Ken Bentsen, a Democrat from Texas, found the high
default rates worrying, particularly because the nation was enjoying a
healthy economy. “I think you could argue that, assuming we have not
repealed the business cycle and there is a downturn at some point,” he
said, “you could experience even astronomical default rates… That would
spill over into other sectors of the economy, both in deflating the
real estate market, as well as impact the safety and soundness of the
banking system.”
Unimpressed Regulators
While acknowledging the safety and soundness concerns, banking
regulators expressed only lukewarm support for new legislation to bar
predatory practices. They suggested, instead, that the problem could be
addressed through stepped up enforcement of existing laws and industry
self-regulation.
Representatives from the lending industry said
they were troubled by reports of predatory practices. But they, too,
opposed new legislation, arguing that new laws would cut off credit to
impoverished communities. The abuses were the actions of a few “bad
actors,” said Neill Fendly, speaking on behalf of the National
Association of Mortgage Brokers at the 2000 House hearing.
Still, concern was substantial enough to prompt the introduction of
new legislation in early 2000 — not one, but two competing bills, from
Representatives John LaFalce, a Democrat from New York, and Robert Ney,
a Republican from Ohio. LaFalce’s bill proposed to fill in what he
called “gaps in HOEPA.” It would have lowered the interest rate and fee
thresholds for HOEPA protections to kick in, and restricted loan
flipping and equity stripping. The bill would also have barred lenders
from making loans without regard for the borrower’s ability to repay
the debt.
Ney — who years later would plead guilty to conspiracy charges in
connection with the Jack Abramoff lobbying scandal and spend 17 months
in federal prison — pushed a “narrowly crafted” solution to problems in
the subprime lending market, calling abusive mortgage lending practices
“rare.” Ney’s bill would have provided some restrictions on subprime
lending by strengthening some of the thresholds under HOEPA, but would
have also taken away the power of individual states to enact tougher
restrictions.
While the chances of Democratic-backed, pro-consumer
legislation passing in the Republican Congress seemed slim, forces from
the mortgage banking and brokerage industries were taking no chances,
ramping up their political contributions to federal candidates and
national parties. After having given $4.2 million in contributions in
the 1998 election cycle, industry contributions doubled for the 2000
campaign to more than $8.4 million, according to data from the Center
for Responsive Politics. Those contributions would balloon to $12.6
million in 2002. A coalition of subprime lenders sprang into action to
fight LaFalce’s bill and other attempts to impose tough restrictions.
The tougher LaFalce proposal had the support of Leach, the powerful
Republican chairman of the House banking committee. But even with
Leach’s approval, the bill went nowhere in a Congress run by
conservative Republicans. Increased regulation, recalled Bentsen, “was
against what they [the Republican House leadership] believed in.”
With that political reality as backdrop, neither LaFalce’s bill nor
any other lending reform proposal came up for a vote in committee.
While chairman of the Senate Banking Committee, former Democratic
Senator Paul Sarbanes of Maryland introduced a bill to curb abusive
high-cost lending, but the measure never received a committee vote. Two
years later, Democrat Paul Sarbanes of Maryland, then chairman of the
Senate Committee on Banking, Housing, and Urban Affairs, introduced
another bill to curb abusive high-cost lending. The bill failed to
attract a single Republican co-sponsor, and, like the LaFalce bill,
never saw a committee vote. Wright Andrews, a leading lobbyist for the
subprime industry, said that the LaFalce and Sarbanes proposals in this
period were “never really in play.” The bills were introduced, but no
one was seriously pushing for them, he explained. “The industry could
and would have blocked [those proposals], but we didn’t really have
to.”
States Act — And Get Shut Down
In the absence of new federal legislation, efforts to combat
predatory lending were moving at the state level. North Carolina had
passed the first state law targeting predatory loans in 1999, and
consumer advocates were pushing state laws from Massachusetts to
California. The North Carolina law barred three common provisions of
predatory loans: loan flipping, prepayment penalties, and the financing
of up front, “single-premium” credit insurance. In essence, the law
sought to eliminate incentives for making unaffordable loans. With
lenders unable to strip equity through high up-front charges, and
unable to churn loans through flipping, they would have to make money
the old-fashioned way, through borrowers’ monthly payments.
Two men working at the state level were in attendance at the 2000
House hearing: Andrew Celli, with the New York state Attorney General’s
office, and Thomas Curry, the Massachusetts banking commissioner.
The state officials told the House committee that they were forced
to push consumer protection in their states because the federal
regulators were not doing enough to protect borrowers, and HOEPA was
ineffective. The threshold for high cost loans to trigger HOEPA’s
protections was an interest rate 10 percent above comparable Treasury
securities. But “as important as this prohibition is, its powers in
real world relevance are diminishing,” Celli said. Lenders were evading
HOEPA, and the consumer protections it afforded, by making loans just
under the law’s definition of a high-cost loan.
In response, many state laws set the trigger lower, at five percent,
affording consumer protections to a broader swath of borrowers. But the
efforts at the state level soon came to naught. The wave of
anti-predatory lending laws was preempted by federal banking
regulators, particularly by the Office of Thrift Supervision and the
Office of the Comptroller of the Currency. OCC and OTS had effectively
told the institutions they regulated that they did not, in fact, have
to comply with state banking laws, thanks to the agencies’
interpretations of the Parity Act. The federal preemption of the state
laws meant hard-won consumer protections were largely moot.
With state regulation stymied and federal regulation lax, the boom in subprime mortgages continued. And so did the warnings.
In 2001, Congress heard yet again about the potentially devastating
impact of subprime lending, at a hearing before the Senate Banking
Committee. In Philadelphia, subprime loans were devastating entire
communities, Irv Ackelsberg, an attorney with Community Legal Services,
told the committee. “I believe that predatory lending is the housing
finance equivalent of the crack cocaine crisis. It is poison sucking
the life out of our communities. And it is hard to fight because people
are making so much money.”
In July 2001, Congress was again warned
about the risks of the subprime mortgage market, this time in a hearing
before the Senate Banking Committee. Click to watch the full hearing on
CSPAN. “There is a veritable gold rush going on in our neighborhoods
and the gold that is being mined is home equity,” Ackelsberg added.
And like William Brennan and Jodie Bernstein in 1998, and Cathy
Mansfield, Ellen Seidman, and Ken Bentsen in 2000, Ackelsberg warned
that bad subprime loans could hurt not just homeowners, but the broader
economy. The ultimate consumers of the high-cost loans, he told the
committee, were not individual borrowers, taking out loans they
couldn’t pay back. “The ultimate consumer is my retirement fund, your
retirement fund,” he said.
The Laissez-Faire Fed
Congressional inaction didn’t have to leave borrowers unprotected,
say experts. The Federal Reserve could have moved at any time to rein
in subprime lending through the Home Ownership and Equity Protection
Act. Under the original 1994 law, the Federal Reserve was given the
authority to change HOEPA’s interest rate and fees that would trigger
action under the act, as well as to prohibit certain specific acts or
practices. “Clearly, the Fed should have done something on the HOEPA
regs,” said Seidman, the former OTS director. “I think there is little
doubt.”
The Fed’s reluctance to change the law, Seidman said, reflected the
philosophy of the Federal Reserve Chairman, Alan Greenspan, who “was
adamant that additional consumer regulation was something he had
absolutely no interest in.” Jodie Bernstein, who had tackled abusive
lenders at the Federal Trade Commission, agreed. Greenspan, she said,
was “a ‘market’s going to take care of it all’ kind of guy.”
Consumer
advocates had pushed for lower HOEPA triggers since the law’s passage,
hoping to include more loans under the law’s protections. But one
problem with changing the law was that no one seemed to agree on how
well it was working. In 2000, the Federal Reserve acknowledged that it
did not even know how many home-equity loans were covered by HOEPA —
the main federal law preventing abuses in high-cost lending.
Three government agencies said that the law was protecting
staggeringly few borrowers. A joint report from the departments of
Treasury and Housing and Urban Development, released in June 2000,
found that during a sample six-month period in 1999, less than one
percent of subprime loans had an interest rate exceeding the HOEPA
trigger. The Office of Thrift Supervision estimated that based on
interest rates, the law was capturing approximately one percent of
subprime loans.
The American Financial Services Association, a lenders’ trade
association, had very different numbers. George Wallace, the general
counsel of AFSA, told the Senate in 2001 that according to an AFSA
study, HOEPA was capturing 12.4 percent of first mortgages and 49.6
percent of second mortgages.
After a series of national hearings
on predatory lending, the Fed made modest changes to HOEPA’s interest
rate trigger in 2001. The late Ed Gramlich, a governor on the Federal
Reserve Board and early critic of the subprime industry, said that in
setting the new triggers the Board was “heavily influenced” by survey
data provided by the lending industry — data showing that a significant
percentage of mortgages were in fact just below the triggers.
The 2001 changes to HOEPA set the threshold for what constituted a
high-cost first mortgage loan at 8 percent above comparable Treasury
securities, down from 10 percent, but for second mortgages it was left
unchanged. The Fed also added credit insurance to the law’s definitions
of points and fees, meaning that lenders could no longer pack expensive
insurance into loans and still evade HOEPA’s triggers.
For the
first time, lenders making a high-cost loan had to document a
borrower’s ability to repay the loan. The Fed also barred high-cost
lenders from refinancing mortgages they made within a year.
But Margot Saunders, of the National Consumer Law Center, said the
2001 changes had little impact. Lenders simply undercut the law’s new,
lower triggers, she said, continuing to make loans at just below the
thresholds. Advocates said another provision, designed to stop loan
flipping, also did little, because lenders could simply flip borrowers
into a new loan on the 366th day, or a new lender could flip the loan
at any time.
William Brennan, who is still at the Atlanta Legal Aid Society, said
the Fed’s failure to act more forcefully on HOEPA was a key missed
opportunity. “That bill had potential to put a stop to all this,” he
said. “That one bill in my opinion would have stopped this subprime
mortgage meltdown crisis.”
Before Congress last year, former Federal Reserve Chairman Alan
Greenspan admitted he was in “a state of shocked disbelief” that
lenders had failed to regulate themselves. Former Federal Reserve
Chairman Alan Greenspan declined to be interviewed for this story, but
his recent congressional testimony gives some insight into his
perspective on the meltdown and its origins.
In October 2008, Greenspan appeared before the House Committee on
Oversight and Government Reform to answer questions about the financial
crisis and his tenure at the Fed. In his testimony, Greenspan wrote
that subprime mortgages were “undeniably the original source of [the]
crisis,” and blamed excess demand from securitizers for the explosive
growth of subprime lending.
Greenspan also acknowledged that after forty years, he had “found a
flaw” in his ideology. “Those of us who have looked to the
self-interest of lending institutions to protect shareholder’s equity,
myself especially, are in a state of shocked disbelief,” he said.
In other words, in this case, the market proved unable to regulate itself.
The Aftermath
Eight years after the Fed failed to step in, skyrocketing
foreclosure rates have wrecked the banking industry, requiring a $700
billion bank bailout. Investors that bought mortgage-backed securities,
including many retirement funds, have lost untold billions.
One in 33 homeowners in the United States, 2.26 million people, may
lose their homes to foreclosure in the next two years — a staggering
foreclosure rate directly attributed to subprime mortgage loans made in
2005 and 2006, according to a recent report from the Pew Charitable
Trusts.
Had the legislative efforts to curb abusive practices in the
high-cost lending market succeeded — at the state or federal level —
those loans might never have been made. But the proposals didn’t
succeed, and many of the troubling mortgage provisions that contributed
to the foreclosures are still legal today.
“Prepayment penalties, yield spread premiums, flipping, packing,
single premium credit insurance, binding mandatory arbitration —
they’re all still legal under federal law,” said Brennan. Some of those
provisions are prohibited under July 2008 changes to HOEPA’s
implementing regulations, but lenders can still include them in loans
below that law’s thresholds.
A bill now moving through the House would change that. The bill,
sponsored by Democratic Representatives Brad Miller and Mel Watt, both
of North Carolina, and Barney Frank of Massachusetts, includes a ban on
yield-spread premiums — which reward brokers for steering borrowers
into costly loans — and lending without regard for a borrower’s ability
to repay the mortgage. The bill would also create what are known as
“assignee liability provisions,” which would make mortgage securitizers
more responsible for abuses in the original mortgages. The bill was
approved by the House Financial Services Committee on April 29, and is
expected to receive a vote on the House floor.
Rep. Barney Frank of Massachusetts, chairman of the House Committee
on Financial Services, has co-sponsored new legislation that would
further limit abusive lending practices. Keest, of the Center for
Responsible Lending, said such assignee liability provisions could have
helped to avert the crisis. The provisions would not just have given
borrowers the ability to defend themselves from foreclosure, Keest
said, but would have protected investors as well.
Several state laws included the assignee liability provisions, but
were preempted by federal regulators. If those provisions had stayed in
the law, investors might have been more attentive to the questionable
actions of lenders and brokers. When investors are responsible for
abuses in the loans they buy, Keest said, “they have some skin in the
game,” and are more likely to closely scrutinize the loans in a
securitized pool. Investors might have noticed sooner that the subprime
loans they were gobbling up were going bad, fast.
As it was, the demand for securities backed by subprime loans was insatiable.
“The secondary market, it was Jabba the Hutt — ‘feed me, feed me,’”
Keest said. It was a “two-demand market,” she said, with borrowers
seeking credit on one side, and investors clamoring for securities on
the other.
Ira Rheingold, executive director of the National Association of
Consumer Advocates, asserts that the financial industry’s lobbying
power shut down efforts to help consumers, both during the early 2000s
and more recently, when advocates were pushing for foreclosure
assistance in the bailout bill. “People were making lots of money,”
Rheingold said. “Congress was dependent upon their money.”
The industry is, indeed, among the biggest political forces in
Washington. Between 1989 and 2008, the financial services sector gave
$2.2 billion in federal campaign contributions, according to the Center
for Responsive Politics. Since 1998, the sector spent over $3.5 billion
lobbying members of Congress — more than any other single sector, again
according to the Center.
Meanwhile, Brennan worries about his city, which sees 4,000 to 7,000
foreclosures filed each month in the metropolitan area, concentrated in
African-American communities.
“Atlanta is a disaster,” he said. And the same might be said for the American economy.
Kat Aaron investigates for the Center for Public Integrity, from where this article was adapted. Find more investigations at http://www.publicintegrity.org.