Any government official asked to come up with a workout plan for troubled financial institutions, large portfolios of financial assets and liabilities and/or places that are financially challenged first must consider all the constituencies involved. No matter what his or her goals, an official must choose from among the options available. Before we judge them harshly, we must consider what we would do if we stood in the same shoes.
The challenge that US Treasury Secretary Hank Paulson faces when working out the problems with Fannie Mae or Freddie Mac is that a significant number of mortgages that serve as collateral for US mortgage backed securities markets are not real. They do not exist.
The problem is not that the people who bought the house and borrowed the money can not afford to pay it back or the house that they bought has dropped in value. If these were the problems, we would not be watching the debt the US government is responsible for increase by $5 trillion dollars. We would not be watching the National Bank of Australia announce a 50% loss rate on their mortgage backed securities.
When my company served as lead financial adviser to the Federal Housing Administration (FHA) we surveyed industry loss rates to compare them to FHA’s high rate of 35%. The highest we found in the industry was 25% and this was at the end of the last housing bubble bust, when loss rates would be expected to be high. As we due diligenced the FHA non performing and foreclosed portfolios, trying to understand a 35% lost rate, we started to find symptoms of fraudulent collateral practices. Indeed, we found portfolios with 50% loss rates and the losses had nothing to do with income levels or housing prices.
Here is a story that I have told many times before:
“Indeed, in 1994 after the first FHA/HUD financial audit was published, a mortgage banker came to see me. He was a serious engineering type who clearly worked hard and mastered the details of his business. He was distressed, he said. For decades he had been keeping a tally of total outstanding FHA/HUD mortgage insurance credit. He had brought printouts of his database for me. It turned out that the government’s published financial statements showed the amount outstanding was substantially less than the actual amount outstanding. He was sure. I assumed that the guy was crazy. If what he said were true, then the US Treasury and the Federal Reserve would have to be complicit in significant fraud, including securities fraud.”
After I began researching HUD fraud in the last 1990s, I would be contacted by people with experience with HUD fraud. They insisted the same home was being used to create ten or more mortgages that were placed into different pools. They alleged that Chase as the lead HUD servicer and the other big banks were implementing such systems. This was why we would see the same house default two, three or four times in a year, they claimed. You needed to churn the FHA mortgages through multiple defaults to generate the cash to keep all these fraudulent pools afloat. This, they insisted, was all going to finance various secret government operations and private agendas.
This issue of collateral fraud was repeated in other markets. As I started to learn more about precious metals and the commodities markets I would hear story after story about precious metals arrangements in which investors really had a bank credit — there was no real bullion behind the arrangement.
I have come to believe that the allegations of mortgage collateral fraud are true – not just for FHA and Ginnie Mae at HUD, but across the board throughout the mortgage markets.
What this means is that Freddie and Fannie Mae must be converted to essentially government debt. Such conversion means that investors simply don’t care if the mortgages have a real lien on anything real or not (at least for the meanwhile). Otherwise there would need to be a process by which all the defaulted mortgages can be sorted through to determine which of the mortgages are legitimate and which are not.
Creating and managing such a process would indeed crash the global financial system. It is hard for a multi- trillion dollar financial system to maintain liquidity when contracts and laws are meaningless.
The challenge for Hank Paulson is that by increasing the national debt by $5 trillion — whether collateralized by real estate or phony paper — he can delay the day of reckoning, but he can not cancel it.
There is only one thing that can cancel the day of reckoning and that is a return to productivity – a reengineering of resources in households and communities, a revitalization of culture, education and markets, a rebuilding of infrastructure, an integration of new technology and new process and a shift away from warfare, centralization, financial fraud and organized crime and those who lead and promote it.
Hank Paulson’s hands may be tied, but ours are not. Ultimately, you and I have the power to change this. So…who is your banker? Who is your farmer? Where is your money?
Read Parts I, II, III, IV, VI, VII, VIII, IX of this commentary >>>
View all parts of the article here >>>
Holy moly!
Ms. Fitts, I want to thank you for this unbelievable series about the housing^H^H^H^H^H^H^H investment banking bailout.
Allow me to thank you for this fine series- especially this part- as I do not recall having yet heard about something as insidious as mortgage collateral fraud.
History shows us that society isn’t very receptive to hearing the truth. For this you are hereby (ta-DA!) commended.
Right now I am about to press Submit and then link over to Part I to start from the beginning, as I’m hooked.
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“It is the aim of good government to stimulate production, of bad government to encourage consumption.” – Jean Baptiste Say
I listened to you on C to C and tried to digest it all. You had some very good/scary things to say. I plan to study your writings more.
Would you please be able to refer me to a site/article that would explain “hedge funds for dummies?”
Thanks
Wikipedia has a basic overview on hedge funds and a few links: http://en.wikipedia.org/wiki/Hedge_fund
Catherine…thank you so much for writing about this. I know little about economics, but I’m trying to learn…bit by bit, it’s becoming clearer (hopefully). I have one question: by what mechanism was the same house mortgaged several times? Was it just the simple 2nd, 3rd, 4th, etc., mortgage? I can’t see that, because each mortgage would pay off the previous one. If numerous mortgages were sold on the same house, this would imply that whatever lending institutions were involved would know there were already other mortgages in place (from title searches). Were there no laws in place to prevent this?
Once again, thank you for your series of articles. I hope you have time to answer my question.
Catherine… I thank you for the continuing education. If correct, I think I heard, but can’t find, one of your ideas on solutions to this problem being a focus on local, community action as a way to begin replenishing the wealth that was looted at that level. Where can I start to find out more about this? [also, thank you for allowing use on my blog. the audience is growing, and I will always point people to where I get information.]
Hi Catherine,
This is such an outstanding post that really helps make sense of the degree of the problem and what’s at stake. When you’re on Coast to Coast tomorrow, if you get a chance, could you bring these non-existent mortgages up in conversation? Because I have yet to hear anyone in the media talk about this problem.
thanks very much,
Shannon
Hi Catherine,
Thank you for this wonderful post. I now know that is what my mortgage loan is called – not mortgage fraud but mortgage collateral fraud. I was told and believed I was getting a Fannie Mae Expanded Approval Timely Payments Reward Loan for 5% down, low closing and interest rate which did not happen. I was told Fannie Mae was the Investor and BOA submitted 4 applications with different addresses. I never saw them until one at closing. I could not figure out why I had all these applications with similar but different addresses. I had a Fannie Mae Rider recorded and Addendum to Note that was back-dated and none of the documents were typed on Fannie Mae forms. I find out I did not get the Fannie Mae Loan program I thought I was getting (Fannie Mae put it in writing) and the documents were recorded falsely; loan is invalid – it does not exist. The closing company got 8 major violations including title search not done properly. I have an attorney. I do not believe today that I ever had a Fannie Mae loan. I know Fannie Mae underwrote a loan for me with incorrect address but it never closed. I read Fannie Mae Alt-A loans was one of the reasons Fannie Mae went under and BOA had 28% of them. Again, thanks so much for this. I am going to read some more.
Cheryl