While Congress and the White House focus on short-term
steps to shield Americans from rising foreclosures and crack
down on mortgage brokers, no major legislation is on offer to
deal explicitly with the dysfunction spreading though the
capital markets.
WASHINGTON (Reuters) - Little is being done in Congress or
the Bush administration to repair a collapse of trust in
private securitized debt markets that is threatening sectors
beyond its origin in the subprime mortgage crisis.
Student loans are being hit as are the auction-rate bond
markets used widely by municipal governments to help finance
vital everyday projects such as roads, schools and parks.
Capital freezing up in these markets and possibly others
could cause long-term damage to the financial system and the
economy, some economists and lawmakers say.
While Congress and the White House focus on short-term
steps to shield Americans from rising foreclosures and crack
down on mortgage brokers, no major legislation is on offer to
deal explicitly with the dysfunction spreading though the
capital markets.
"There's been a lot of talk about it, but we don't have a
legislative package together at this point," Sen. Byron Dorgan,
a North Dakota Democrat, said in an interview.
Committee Chairman Christopher Dodd, speaking on the Senate
floor last week, expressed concern about local governments'
finances being hurt by auction-rate market failures.
Warning that some student loan programs were shutting down
due to lack of capital, the Connecticut Democrat pointed to "a
crisis of confidence that has serious consequences."
Like many in Congress, however, Dodd said the first
priority must be to stem the home foreclosure wave that has
already engulfed tens of thousands of Americans and could
affect millions more over the next two years.
As urgent as the foreclosure crisis is, some economists say
it is equally important for lawmakers to take a hard look at
how to fix the broken secondary market for mortgages and other
debt.
CREDIT MARKET SHUT DOWN
"People need access to mortgages to buy homes and our
credit markets have shut down," said Lawrence Lindsey, a former
senior economic adviser to President George W. Bush.
Unless global investors' trust in securitized debt can be
restored and steady flows of investor capital replenished to
finance new mortgages and other loans, the mortgage industry's
future and home values are in long-term jeopardy, he said.
Lindsey, now head of a private economic advisory firm, told
a Senate Finance Committee hearing last week: "None of the
plans now being suggested, either by the current president or
by those (hoping) to be his successor have this as the focus
... The real solution to the housing problem is to find a new
and sustainable housing finance system."
The secondary debt market has exploded in size and
complexity over the past decade, with Wall Street churning out
an alphabet soup of new products such as asset-backed
securities (ABS) and collateralized debt obligations (CDOs).
Profits derived from the basic process of securitization --
transforming ordinary debt into finely tuned investment
vehicles -- was highly profitable until the past year or two.
Now the same banks that assured Washington for years that
everything was under control are losing billions of dollars.
"Some of this is of their own doing," Dorgan said. "Those
markets created such sophisticated instruments and securitized
things that many people don't even understand them."
Many of the institutional investors who bought securitized
debt did not understand them, as is now clear. They trusted the
judgment of others, such as credit rating agencies and bond
insurers. But much of that trust was misplaced and now demand
for many securitized debt instruments is soft, said Lindsey.
SEAL OF APPROVAL
In the vacuum left behind by diminished faith in credit
raters' opinions, Lindsey suggested forming a "Federal Board of
Certification" to give a seal of approval to private
securitized debt, offering investors the same confidence they
still have in much of the government-chartered debt markets
dominated by Fannie Mae and Freddie Mac.
The board would be formed from a variety of federal
regulators with banking oversight, including the Federal
Reserve and the Treasury Department, Lindsey suggested.
"This does not involve a federal guarantee ... All the
certification board would do is assure investors," he said. "I
can think of no single action by the government that could do
more to restore confidence in the mortgage lending process."
Lindsey's concern about restoring credibility along the
securitization chain of loan originators, securitizers and
investors is shared by Dodd and Democratic Rep. Barney Frank.
Frank, chairman of the House Financial Services Committee,
has pushed a bill through the House to give home loan borrowers
more rights to sue securitizing institutions, an idea known as
assignee liability.
Late last year, Dodd tentatively proposed a similar and
tougher Senate measure. But the Senate has been slower to act,
while Wall Street and mortgage bankers have been lobbying to
block any form of widened assignee liability.
In an interview, Michigan Democratic Sen. Debbie Stabenow
called Lindsey's testimony "interesting."
Like Dodd, she stressed addressing the foreclosures issue
first. "We'll start there. But I think it's now spreading out
into all kinds of other areas -- student loans, small business
loans," said Stabenow, a finance committee member.
"There's a lot of discussion going on as to what extent we
should get involved. But I hear across the board ... that the
issue is lack of stability and lack of trust in the markets as
a whole. We're trying to figure out what's appropriate."
(Reporting by Kevin Drawbaugh)
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