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The Financial Bailout and the Challenge for the States: De-Leveraging Working Families
The Financial Bailout and the Challenge for the States: De-Leveraging Working Families
Monday, September 29, 2008
The Financial Bailout and the Challenge for the States: De-Leveraging Working Families
According to The Wall Street Journal, "Fed and Treasury officials have identified the disease. It's called de-leveraging, or the unwinding of debt. During the credit boom, financial institutions and American households took on too much debt." But let's not buy into a false equivalence of "financial institutions" and those "American households" borrowing beyond their means. Wall Street leverage was built on obscene wealth looking to become only more obscene, while the leveraging and debt of working families was driven by expanding income inequality, stagnant wages and rising health care costs that left families with less and less money available to gain a basic foothold in the American middle class. As this Dispatch will emphasize, policymakers need to not just “de-leverage" the burden of debt speculators in the financial casino; they need to take action to reverse the economic burden on working families that has forced so many of them into debt in the first place.
The Real Crisis Facing Working Families
Let's be clear: the crisis we're talking about today is not shareholders losing a few dollars or even a few firms ceasing to exist and their traders losing their jobs. That just reflects the real crisis that has been sweeping across this nation for years. For regular families, it is not about financial speculation, but being driven into debt by what New York Times writer Steven Greenhouse has called in his recent book the Big Squeeze:
The result of this squeeze of stagnant incomes and rising costs is unsurprising. With less money in their pockets, families were pushed into greater debt, which became a vice pushing many of those with homes into foreclosure as the housing bubble bursts and prices fall, especially as the predatory terms of their "subprime mortgages" sprung into action. State Leaders Saw the Subprime Mortgage Crisis Coming - But Feds Block Reforms
Even as those economic realities building up over years were ignored by national politicians and the mainstream media, those same national political leaders and media were lauding and even encouraging "financial innovation." At its core, this "innovation" meant using advanced technology to skirt regulation of things previously prohibited under the law and taking risks with debt that previous generations of regulators would have prohibited without the capital on hand to back up failed loans. That those loans are going bad in communities across the country speaks to the real economic burdens on families; many families facing these burdens were lured into mortgages with "subprime" terms that left them in economic traps when the housing market went south. Some in Congress actually recognized the problem of under-capitalized mortgages as early as 1994, when they passed the Homeownership Opportunity and Equity Protection Act. This law required the Federal Reserve to regulate the loan-origination standards of mortgage companies that were not otherwise government-regulated. But Fed Chairman Alan Greenspan failed to implement the law. States Took Action but Feds Blocked Reform: Community organizations began agitating against "subprime loans", the polite term for predatory lenders targeting vulnerable working families. Pushed by these advocates, 30 states in the 1990s and 2000s passed laws to implement tougher standards on mortgage companies since the federal government was failing to implement the 1994 Act. But adding insult to injury, the federal government not only failed to use the 1994 law to restrain predatory lending, it went to court claiming that law preempted state protections. As PSN detailed last year, the Office of the Comptroller of the Currency claimed in 2004 that federal law preempted Georgia's Fair Lending Act, which had offered protection against predatory lending, including outlawing extreme prepayment fees or penalties, unreasonable monthly payments, and increased interest rates after default. This was followed by the OCC preempting New Jersey's Home Ownership Security Act, which prohibited abusive lending practices, which was followed by OCC challenges to other state laws. The federal courts largely backed this federal preemption of state authority with federal courts striking down predatory lending laws in a number of states. Whatever the courts decide now, the damage has been done. During the critical period of the recent housing bubble, as speculation and predatory lending ran amok, state regulators were so involved in defending their laws in court that their effectiveness was undermined and the costs are being borne by some of the most vulnerable borrowers in the market. A report by the Center for Responsible Lending released in December 2006 showed that as many as 2.2 million subprime borrowers face foreclosure on their home loans, but few at the federal level listened to the warnings. While some national leaders and media are saying "we" all have to cut back to pay for the excesses of the financial failures, state leaders should be loud in proclaiming that most of us didn't create this crisis; in fact, most advocates for working families and most state legislatures took action early on to try to restrain subprime predatory lending. It was colossal stupidity and greed by the wealthiest financial corporations in the country, along with lax federal financial regulation and their active assault on those state anti-predatory lending laws that created this crisis. So responsibility and the costs should be borne by those who caused the problem and those who benefited from those excesses. State leaders need to speak up against bad federal policy: One thing state leaders should be vigilant on is making sure that supposed "reforms" don't undercut their present ability to protect working families. Earlier this year, the Bush Administration, led by Treasury Secretary Henry Paulson, proposed a sweeping new proposal, its Blueprint for a Modernized Financial Regulatory Structure, to "reform" regulatory oversight of different financial sectors. But the proposal was little more than an industry wish list, including replacement of state regulation of insurance with a single federal regulator, which would likely preempt stronger consumer insurance protections at the state level. At the time, Michael McRaith, insurance director for the Illinois Department of Financial and Professional Regulation, noted that insurance companies, "[v]ery large, wealthy companies would get to choose the lesser level of regulations," much as banks were able to escape tougher state mortgage regulations for lax ones at the federal level. Even now, rightwing politicians are seeking to use the financial crisis to gut state insurance regulations. So state leaders should be loud in demanding that any federal policies not weaken the ability of state regulators to be an alternative check on financial abuses. Lessons from the $700 Billion Bailout: States Should Take Bold Action to Help Working Families
Now Washington is discussing stabilizing the financial system with $700 billion in federal investments. After an initial proposal that was a pure giveaway to the banks, some improvements by progressive national leaders may provide some taxpayer protections, though the proposal will still hardly address the real burdens facing working families. The final plan for some improvements, including some taxpayer protections, the principle of an equity stake for the government in firms bailed out, and helping mortgage holders. But given that the plan is initially being implemented by the same federal regulators who failed in the first place, these principles may well not be implemented in practice. However, state leaders can learn some lessons from the whole credit crisis debacle and the bailout bill:
States should be emboldened to reject the remaining holdouts of rightwing ideology and reinvigorate their regulations on behalf of working families and investments in real economic growth. Inexpensive Ways for States to Help De-leverage Working Families
There are basic standards that we can return to the workplace and our economy that don't cost the state treasury much if anything, yet will put more money in the hands of working families and help them cope with their costs and debt burdens.
Long-Term Investments to Create Strong State Economies
On the other hand, there is no getting around the fact that we need to shift our economy from one where speculation has soaked up trillions of dollars to one that invests in good jobs for working families. And some of those investments need to be by state governments, because while they may require significant upfront costs, the results will permanently strengthen state economies, lower costs for taxpayers, and save money for both government and household budgets over the long-term, helping to pay off any borrowing needed.
In a time of crisis for working families, state leaders need to step up with both the money and political will to make the investments that will create both more job and better wages for workers. The reward will not only be the de-leveraging of the debt burden for those families but, over time, the higher tax revenues needed to pay back any bonds used to pay for these initiatives. ResourcesThe Real Crisis Facing Working Families
Center for Budget Policy & Priorities - Average Income In 2006 Up $60,000 For Top 1 Percent Of Households, Just $430 For Bottom 90 Percent State Leaders Saw the Subprime Mortgage Crisis Coming - But Feds Block Reforms
Progressive States Network - The Predatory Lending Bubble and How the Feds Made it Worse Inexpensive Ways for States to Help De-leverage Working Families
Progressive States Network - States Still Leading Feds on Minimum Wage Long-Term Investments to Create Strong State Economies
Progressive States Network, U.S. Infrastructure: An Economic Disaster Waiting to Happen 3 Steps Forward1. CA: West coast ports gearing up for clean trucks program 2. PA: Success seen in program to save homes 3. IL: Electricity rates won't soar in '08 because of reforms ending deregulation MastheadThe Stateside Dispatch is written and edited by:
Nathan Newman, Policy Director
Please shoot us an email at dispatch@progressivestates.org if you have feedback, tips, suggestions, criticisms, or nominations for any of our sidebar features.
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