How We Got Into This Mess

In 35 years of tracking the Southern California real estate market, I’ve never seen anything remotely like the mess we’re in right now. . . but the basic causes are as old as humanity.

Greed, stupidity, and a lack of integrity got us into this mess. But we’re not talking your average, run-of-the-mill greed or stupidity. We’re talking greed and stupidity on a scale unseen since. . . the late 1920s?

Like the rest of our blog, this isn’t the researched opinion of some economist in New York, but the personal perspective of an agent who watched this whole mess unfold from the So Cal real estate trenches.

We could start all the way back with Moses, who laid down some pretty straightforward rules that would have avoided the whole mess (See “Moses’ 10 Rules for Success“) But for time’s sake we’ll start where the last boom went bust back in 1991, which eventually led to another boom, . . .

A Boom that Lasted Way too Long

We’d just finished another furious run-up in prices, fueled by multiple offers and overbidding after a rough downturn (sound familiar?) Then the end of the Cold War led to massive layoffs in our So Cal defense industries, which rippled into the construction business and then through the whole economy.

If you’re over 30, you probably remember the stories of all the U-Haul trucks leaving the state as homeowners and renters followed the jobs across the country. 1991 - 95 were four dramatic years of price and sales declines, a classic overcorrection fed by a massive local recession. In the real estate business, the cry was “stay alive ’til ‘95!” A few of us did. Barely.

In 1995 prices and sales finally started moving upwards again. By September 10, 2001, it looked like we were peaking & due for another correction. Things changed the next day.

Alan Greenspan took action to avert a post-9/11 depression, dramatically lowering short term rates. The long term bond markets, sensing a recession, cooperated & long term rates dropped too. Then the Fed dropped rates again. And again. And again. The real estate market cooperated & just kept moving up. And up. And up.

Late in 2002 Greenspan figured out things had gone too far, and belatedly began raising short-term rates. The long term bond markets, sensing that would cause a recession, failed to cooperate, and kept long-term rates low. Even lowered them a bit. Greenspan suddenly discovered the brakes on his economic sports car weren’t working!

So a correction that should have started in 2001 was put off even more. Eventually the brakes kicked in and real estate started slowing. Prices actually started dropping in the summer of 2004.

But then, for some unknown reason, prices began moving up dramatically in the spring of 2005. Every local economist except for Gary Watts was confounded. Cal State Fullerton’s annual negative Economics Forecast was beginning to look like a broken clock. (Just like a broken clock, it would eventually be right.) And more and more people forgot all about economic cycles and started believing that So Cal real estate really does only go up.

Insane New Mortgage Products

The unknown reason, it turned out, had a lot to do with creative new mortgage products. Creativity can be good, but creativity fueled by greed and aided by stupidity can–and did–create a monster.

Here are some of the parts that went into that monster:

No down: It used to be the only way to get 100% financing was to join the Armed Services or buy Robert Allen’s book, Nothing Down. Then someone figured out that a 13% mortgage for 20% of a home’s value could be “piggybacked” onto a more normal 80% mortgage to allow financing for a purchase with no down payment.

No mortgage insurance: These “piggyback” loans avoided loan review by those darned underwriters at the Private Mortgage Insurance companies by charging a higher interest rate and “self insuring.” But those PMI companies were the ones who kept everybody honest, because they were on the line if the loan went bad.
No documentation: It used to be you had to document your income to get a loan. If you were self employed, that meant tax returns. Which didn’t always tell the full story. So World Savings (I so miss all the old So Cal based S & Ls!!!!) (Pause for a moment of silence for World, Great Western, Cal Fed, Glendale Fed, Home Savings, & any others I forgot. If your old enough, picture those GW commercials with a cowboy riding past El Capitan as John Wayne intoned, “We’ll always be there.”)

Sob. OK, as I was saying, World Savings decided to allow self-employed borrowers with good credit scores and verifiable 20% down payments to get mortgages without documenting their income. “No doc” loans.

Lousy credit’s OK: Well, before you knew it, So Cal mortgage brokers like New Century and Argent were combining “no doc” loans with no down “piggybacks.” Then they decided you didn’t even need good credit scores if you would take a high enough interest rate, which won’t kick in for a year or two. All this after the market should have peaked.

Greedy rookie agents & brokers: At the same time two more trends appeared. The money was so good, everybody and her gardener went out and got a real estate license, which is way easier than getting a beautician’s license. (Some of them even got a broker’s license, because our beloved, “Blow Up the Boxes” governor vetoed a law that would have required real estate brokers to have two years experience as salespeople before getting a license.)

Disclosure about rookies: I don’t hate rookies. I was one once. Long ago, in a galaxy far away. . . .

Both new and experienced agents can be unethical and incompetent. But time does tend to weed out a lot of the worst agents. In a normal market, up to 90% of the newbies are out of the business within two years. In a booming market, they tend to hang around longer. And anyone who got into the business after 1995 did not experience the last big downturn. Some of them actually believed that “real estate never goes down.”

Agent/lenders: Lots of these brand new, do-anything-for-a-buck agents & brokers decided to double their money by acting as their buyers’ Realtor and mortgage broker. So the buyer didn’t have a Realtor looking over the lender’s shoulder, because the agent was the lender.

Bribes for selling bad loans: Interest rates were still low, and lots of people were excited to earn as much as 13% interest on these new “mortgage backed securites.” The investment banks like Bear Stearns that bundled and resold them couldn’t get enough of them. So they started giving bonuses to the brokers and agents for putting their clients into these loans–the higher the rate, the bigger the bonus. My boss says these Wall Street firms were the “pimps” of the whole operation.

Low “teaser” interest rates: Of course, those loans were advertised with their initial “teaser” rates as low as 1.9%. And the ad usually proclaimed “payment fixed for 3 years!” And nobody tried to undo the intended deception that confused fixed payments with fixed rates.

Ineffective or nonexistent disclosures: Of course, all this nonsense–even the negative amortization–was “clearly” explained someplace on the dozens of documents the buyer signed at closing. Whether the buyer spoke English or not. Oh, did I mention that it turns out that these newly minted agents often took the liberty of signing for their clients?

A culture of dishonesty. Unfortunately, lying is pretty much accepted as part of the business by many agents, lenders, sellers, and buyers. Actually, by our society as a whole. Nothing wrong with lying, as long as you don’t get caught, and the “good guys” don’t get hurt. Buyers lie to the lender about their income. Agents lie to the buyers about prices going up forever. Lenders lie to the buyers about the effects of the loan–or at least they neglect to tell the buyer. Investment buyers lie to their investors about the quality of the mortgage-backed security.

Actually, Moses told us not to do this. Over 3,000 years ago he laid down ten simple, straightforward rules for successful living. One of them was, “Don’t lie.” Of course, we’re such a smart, tolerant society that we stopped teaching that rule in public schools over 40 years ago. Too bad. A few moral absolutes would have prevented all this. Moses told us so.

Naive, trusting, desperate buyers: Not necessarily stupid, but unsophisticated. I think of Steve, an independent contractor for JPL who bought near the peak using 100%, no doc financing. We recently completed a “short sale” for him, where his lender absorbed a loss of over $100,000 so we could close the escrow. He simply couldn’t make the payments, which turned out to be $1,000 a month more than his lender/agent promised when he bought the home. “We just trusted her,” he told us.

Government Incompetance: Gee–who’da thunk! From Democrats who over-regulate to Republicans who under-regulate, to a Federal Reserve that drives the economy like my mom drove her car (slam on the accelerator–slam on the brake–slam on the accelerator. . .) nobody in D.C. seemed to be able to get anything right. For some excellent examples, check out SeekingAlfalfa’s excellent comment #1 below.

Let’s review: No down, no verification of income, bad credit, overvalued market, insane belief that real estate will never go down, desperate, naive buyers, brand new agents who got into it for the money acting as Realtor and lender both–and getting bonuses based on how bad the loan was for the borrower, non-English speaking buyers signing disclosure documents in English, everybody thinking it was OK to lie, incompetent government . . .

As my colleague and fellow Realtor Anthony Turner put it, “Any homeless bum could get a loan and buy a house.” And why wouldn’t he–especially if his 22-year-old Realtor cousin knew she’d make up to $20,000 if she sold him a loan & a home? Anybody see any problems with all this??

The Profitability of (Willful?) Ignorance

Jim T., a friend who’s been in the business even longer than me, did. At the time he was a wholesale rep for one of the big lenders. He tells me of pointing all this our to a rich young V.P. in his firm, who had no memory of the 1990’s crash because he was in 3rd grade then. “Relax, Jim,” Mr. V.P. said, “nobody’s ever lost a penny on any of these loans.

He was right. Then. Because prices were going up faster than the negative amortization, so the houses were either sold for a profit or refinanced.

The biggest pyramid scheme since Social Security. another sad story that’s will eventually to unwind. (The N.Y. Times had an interesting page last year about mortgage backed securities, “Housing Busts and Hedge Fund Meltdowns: A Spectator’s Guide.”)

As long as everybody was making money, everybody had a financial incentive to be stupid. And ignorant.

And everybody in the food change was making money. The flipper or refinancing buyer. The real estate & mortgage salesperson(s). The real estate and mortgage brokers, who were supposed to supervise & train the salespersons. The loan underwriters. The Wall Street Bankers who packaged & sold the loans. Everyone who bought the 13% loans, from Deutschebank to little old ladies. Even the politicians, who bragged about the great increases in home ownership.

Conclusion

Greed, stupidity and dishonesty. A lethal combination. And, unfortunately, a natural product of our materialistic, me-first, live-for-today mentality.

There is a cure. Unfortunately, it’s often ignored. Even those who pay tribute to it often don’t practice it. (warning: the next paragraph could be construed as “religious”–feel free to skip it if you wish.)

Jesus expressed it as well as anyone: “Do unto others what you would have them do unto you.” “Love your neighbor as yourself.” Just treat others the way you’d want to be treated.

This is actually a real estate concept as well: The agent is supposed to be a fiduciary. That means she is to put the client’s interest above her own.

A little Golden Rule or fiduciary-mindedness at any step of the food chain might have kept us out of this mess. But right now we’re right in the middle of it.

For our thoughts on what’s ahead, check out our latest projections post, So Cal home price bottom near? as well as  what you might want to do about it.)

And, next time somebody wants ahead of you on the freeway, wave them in. Put them before your own needs. One small gesture for a man. One giant leap for mankind.

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7 Responses to “How We Got Into This Mess”

  1. SeekingAlfalfa Says:

    This a pretty good summary of events. However, you left one glaring piece of information out as most people do. The culpability of ther housing advocacy groups like ACORN who insisted that the underwriting guidelines be loosened so the less priviledged could afford homes. This was rammed through Congress in 1995 based on a study done by the Chairman of the Boston FED that found that racisim was systemic in the mortgage industry.

    The programs you mentioned above all came about because Congress dictated it. You can Google ACORN, AMERIQUEST and you will find a short clip about what a great company Ameriquest is and how in conjuction withACORN they offer a no down 100% financed loan. And the ARM’s with 1 year teasers were just what the doctor ordered for flippers building property ladders.

    And then MECHA got into the act and suggested that Banks offer 100% financed loans with no docs or even a social security number! But what the heck, they were going to package the stuff and sell it to Wall Street who would then sell it to the Hedge Funds etc. Everything was fine because at the time the Case/Shiller index showed housing continuing to rise, until May of 2006 when they noticed that the index was getting wobbly at the top and decided to tweak the algorythm.

    Well guess what, the index began to plummet and with Greenspan jacking the FED Rates up it was the perfect storm. Was this caused on purpose? I don’t know but when you consider that Citigroup now owns the remnants of both New Century and Ameriquest, you got to wonder.

    Dave’s response:

    Right on the money–thanks! Important details–I’m adding a reference to your comment in the body of this post. This is a perfect example of how we want this blog to benefit from the insights of our visitors.

    BTW, Case-Shiller is an ultra-lagging index because appraisers are using closing data that can go back up to six months, which means it could have opened escrow up to 8 months ago. Not the best index for anyone to use to predict future performance.

  2. gary Says:

    I know I am going to get attacked for this but the only solution I see is the govt to mandate the following:
    All credit cards fixed at 5%
    All home loans fixed at 5%
    All consumer loans fixed at 5%
    Mandatory proof of income and checked with the IRS.
    With that people can start paying DOWN the debt. Is it perfect and will it cause problems? yes, but our current ideas all deal with taxpayors paying for the mess and not the banks and stockholders of those banks.
    Now, ready, set, go and attack attack attack.

  3. Blair Newman and Dave Emerson Says:

    Well, Gary, at least you’re thinking outside the box, but most of that just isn’t going to happen no matter who’s our next President. And we need help now. The Fed’s become quite proactive, & the politicians are feeling the heat–we’re sure lots of interesting proposals will be forthcoming.

    As for # 4 on your list, checking income with the IRS has been in place for self-employed borrowers for years–that’s one of the things that led to the “no doc” loans from World Savings I mentioned in the article. Action-Reaction.

    I’ve wondered about an FDIC-like government insurance to back the PMI companies and/or mortgage backed securities that comply with certain requirements. That would add a layer of regulation and hopefully restore liquidity as investors became more comfortable with mortgages again.

  4. nvst80 Says:

    Blair and Dave,

    “I’ve wondered about an FDIC-like government insurance to back the PMI companies and/or mortgage backed securities that comply with certain requirements. That would add a layer of regulation and hopefully restore liquidity as investors became more comfortable with mortgages again.”

    People blame the problems that caused this mess yet aren’t ready to see the market fix itself. You cannot remove the fundamentals (historic low interest plus creative financing terms plus absent lending standards) that caused this housing bubble and expect that prices don’t correct. Liquidity will come as the market dictates.

    Would you give somebody $800,000 of your savings for a 80% LTV purchase? I sure would chose the people I finance very carefully. Given my outlook for the OC Real Estate market I’d rather go with a 55% LTV term for qualified borrowers. Wouldn’t you?

    We need a healthy correction. After the recent run-up in home prices we should see home prices correct to 2001 levels and still consider that part of the healthy correction process. Many don’t agree with that but many didn’t agree with me either when I encouraged people to sell in the 3rd Q of 2005.

    You’re suggesting an insurance to back PMI companies and mortgage securities but wouldn’t that just “subsidize” that we continue on the wrong foot? And who pays in case things go south? Are you ready to pay $8 per gallon due to inflation which is caused by the Fed through the creation of more money out of nothing? What will a continues 12+% annual inflation rate due to the affordability for the housing market?

    And as far as the FDIC insurance goes…that program is full of flaws and someday soon people might find out again what it means to lose money due to bank failure. Netbank has given us a sneak preview of what is to come.

  5. Randy Says:

    In response to Gary:

    The term for what you are talking about is “price fixing”
    The problem with locking any prices (which
    is what an interest rate is) is that you can’t
    control every level of service involved in bringing
    a product to market.
    This is what people should have learned from the rolling
    black-outs. With the rolling BO’s they regulated the price
    allowed to be charged to the end user, but as the supply
    became more expensive due to, wage increases, insurance
    fees & hundreds of other direct & overhead expenses the
    power companies were no longer able to supply energy
    at a profit to the consumer.
    Every example that I know of where government
    tried some form of price fixing resulted in the same thing,
    catastrophic failure.

  6. Randy Says:

    Also, I do agree with nvst80, that we do need a healthy
    correction. As a person making a 6 figure income, it
    should be no difficulty paying for a median home
    in the inland empire. I mean it’s not beach front.

    Dave’s response: If I were you, I wouldn’t be in any hurry to buy, especially in the I.E. right now. With the continued onslaught of foreclosures and buyers making their normal summer - winter slow-down, I expect prices to take another step down over the next five months. The rising cost of gas plus the abundance of REOs makes the Inland Empire especially vulnerable.

    December’s almost always the best month to buy, although mid November might be better this year (banks want to get REOs off their books by year-end, builders too).

    Save up a down, get pre-approved (not just pre-qualified), buy your Christmas gifts & address the cards now, & start looking 11/1 and writing low-ball offers 11/15. Unless it looks like we’ve got another year to go at that time.

  7. Randy Says:

    David,
    To date that’s the most clear advice I’ve gotten. It’s also in line with my intuition.

    My Father-in-law also agrees with you but pointed out one other factor, that as inflation heads north interest rates will go up, possibly significantly. I know there are several other factors pushing up rates as well.

    He advised that it may be wise to test the waters with lower offers to see if we get any bites, a sort of hedge against further price drops. Something which he and everybody seem to think is likely.

    He thinks if we plan on staying in the home for 5 or six years we may come out ahead even if the first couple are upside down.

    Any thoughts on his advice?

    Dave’s response:

    Thanks for the kind words!

    I pretty much think your father-in-law is right on:

    Most economists expect rates to slowly rise, although they will go back down if we enter a full-fledged recession.

    Prices are apt to drop more, maybe a lot more.

    If you low ball and find a property that works for you with a fixed loan, and you won’t be moving, you’ll probably be fine. BTW, it’s easier to low ball a short sale than an REO in the coastal plain, but there are so many REOs in the IE it’s not quite as tough. It’s worth a shot.

    I’d still wait at least until October, because I think the I.E. may fall a lot more.

    But, as we keep insisting here, nobody knows for sure what the future might hold. (See “How low will prices go?“)

    Keep us posted, & feel free to contact us if you want a referral to a good I.E. agent.

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