Here’s a recap. Paulson sought to give Treasury the power to buy mortgage-related assets. A power grab!, said the critics. So congressional Democrats sought to give Treasury the power to buy mortgage-related assets, non-mortgage-related assets, and equity interests, and to regulate executive pay. Socialism!, said the congressional Republicans. So the final bill gives Treasury the power to buy mortgage-related assets, non-mortgage-related assets, and equity interests, and to regulate executive pay, and to issue insurance to distressed institutions. Madisonian deliberation at its finest!
Meanwhile, VC readers might be interested in other law-blog commentary:
David Zaring on the possible legal non-issues raised by the possible bailout law (actually even less than meets the eye). Jeff Lipshaw on what’s going on with the AIG bailout (remember the AIG bailout?). (For critics of my earlier post questioning the legality of the AIG bailout, note Lipshaw’s conclusion: “So.... I take back what I said about the Fed not actually owning AIG. It does. And it will, because there is no provision for the redemption of the preferred shares if the loan is paid back.”) Steven Davidoff on everything else that everyone is ignoring. See also Randy Picker; Larry Ribstein (you might also read his prescient article, “Bubble Laws,” which uses a nice phrase, if I remember correctly – “speculative bubbles of regulation”); and Stephen Bainbridge.
$700 billion of as-yet unacquired equity = tens of billions for U.S. lawyers papering these deals.
I can't *wait* to see my bonus next year.
:-D
What of these claims?
Are you sure this is actually happening? I'm thinking that the guys -- the managers -- who f'd this thing up are outta here. If not, at the very least they should be and I'm sure with enough outrage they could be.
Maybe in an alternate universe.
Once again showing that when the Evil Party and the Stupid Party cooperate in a bipartisan manner, the outcome is both evil and stupid.
There's a sucker born every minute.
No.
(p.8 in PDF).
This way to the egress.
Amen to that! Obviously there are many factors that caused this, but the single biggest has to be Rep. Frank and now he is in the thick of the "solution"!
And it doesn't only matter who's involved now. Who will be involved next year? Or in five years? J Edgar Hoover with $700B, anyone?
At least.
That's the only explanation for the fact many people seem to believe Republican deregulation caused the current mortgage crisis.
When it was the Democrats (Obama in the top five) taking financial bank/mortgage money who've been halting Republican regulation tightening for the last five years.
Yours, TDP, ml, msl, &pfpp
I do find it very depressing that the media reports on the bailout plan have treated the Democrats as altruistic rescuers and the Republicans as greedy villains. (While, of course, leaving out the fact that the Republicans have been warning for years about the subprime problem.) The original Paulson plan fairly straightforward and not too bad provided you agreed with the basic premise of the rescue.
But instead of signing off on the original plan the Democrats reacted by adding all sorts of ridiculous junk. They insisted that the Republican minority support what they'd come up with so as provide them with political cover for an unpopular vote. And then they simply lied by announcing that a deal was imminent, while at the same time refusing to allow the bill's strongest critics among the House Republicans to question any of the stuff they'd added to the original plan.
If Paulson hadn't asked McCain to return to DC and help break this deadlock I think the result would have been regrettable. McCain hasn't spoken about the details yet, probably to avoid scuttling a deal. But in the accounts I've read McCain made it clear that there had to be a deal, and that if the Democrats wanted bipartisan agreement the House Republicans concerns had to be addressed. Unfortunately time was running out, and it seems the best the minority could manage was to roll back some of the worst aspects that had already been added by the Democrats. And for his efforts McCain stands accused of a "stunt" while Pelosi calls the Republicans as "unpatriotic" for, well, existing apparently.
My recollection is that the final bill for cleaning up the S&L mess was about $150B. No one knows what this deal will end up costing, but the government would have to overpay quite a bit for the number to get into that neighborhood and, therefore, it probably will.
By the way, where is the actual bill? If Congress is going to vote on it tomorrow, wouldn't it be nice if we all could actually see it in time to know what it actually says?
1) The government buys up troubled mortgages. The government evaluates the mortgages and pays an amount at or slightly above fair market value.
2) The government restructures the loan at a fixed interest rate and a total amount equal to the present value of the homes.
3) At this point, the homeowner has a mortgage he can afford, has a chance to accumulate equity in his home, and has no incentive to walk away from his mortgage.
4) The government resells the new mortgages.
Yes, you might not make money doing this. Yes, you can't help every homeowner this way. But isn't this, for the vast majority of innocent victims, a realistic bail out for both Wall Street (get rid of the toxic mortgages) and Main Street (forgive the loss in equity in homes they couldn't afford)?
And aren't a lot of people living in homes they now *can* afford but with *mortgages* they can't afford. And isn't the problem that the mortgages are for more than the present value of the house?
Roll Call reports, "Bachus said Republican presidential nominee Sen. John McCain (Ariz.) significantly helped GOP Members by returning to the Hill this week because his message was that “House Republicans are relevant” and “we’re not going to roll the House Republicans.”
The S&L was a bailout. This is different. If Treasury assumes up to $1.3-1.7T in mortgage backed securities for up to $.7T, then that is a sufficient discount that a profit may be able to be made -- and used to pay down the public debt.
The problem is that the risk is opaque -- not that the securities are valueless. Even if Treasury keeps them to maturity, the good ones pay off and will help offset the bad parts.
The mistake was to call this a "bailout" when what it really is is a "market maker." Furthermore, there are a bunch of people on Wall Street who are going to get a haircut. And the people whom it will benefit are the people on "Main Street." Remember, we don't want a "Great" depression... or even a "Good" one.
Pay attention to the Fannie Mae-ACORN-Democratic Congress-Countrywide-Obama connections. To attempt so strongly to lock in a skim in the bill before McCain arrived ought to set off your smell detector.
American Thinker explains the scheme where politicians act to elicit votes from a target constituency at taxpayer expense. "[We] lose a little, they gain a lot, and the politician keeps his job."
Politicians make impassioned appeals to your conscience to contribute to a "good cause". Cronies siphon off the loot which is put to work.
Acorn's naame may not have been in the bill, but Acorn has received similar unnamed cream before. Now you know why.
When was this? Just how many were warning?
The thing about the housing bubble is that damn near everybody in government loved it. If we were to vote the bums out that supported the bubble, we would have less than 10 people left in the House and Senate.
This might help:
2001—the President's budget warns about large government sponsored enterprises.
2002—the President calls for governance standards.
2003—the Office of Federal Housing Enterprise Oversight warns of systemic risk. Treasury asks Congress for new regulation. SEC investigations expose Fannie Mae earnings manipulations.
2004—the President again advises action because of the Fannie Mae risk. Treasury calls for reform.
2005—Senator John McCain and 3 other Republicans sponsor a bill, defeated by Democrats, to reform the government lending.
2007—Bush advises, "first things first when it comes to [Fannie Mae and Freddie Mac]. Congress needs to get them reformed, get them streamlined, get them focused, and then I will consider other options."
2008—Every month Bush calls on Congress to act.
Fannie and Freddie were politically very well connected and used these connections to avoid any oversight.
Blame Fannie Mae and Congress For the Credit Mess
A depressing number of catastrophes needed several almost implausible actions / failures occurring in specific sequences to occur. Any change in actions or sequence would have prevented the disaster from occurring.
I think the current financial crisis is an example of a failure cascade and a change in any number of policies / actions / regulations would have terminated the failure chain.
I think additional oversight of fannie and freddie would have terminated the failure chain.
The oversight would have ended / reduced the GSE irresponsible actions. It would have prevented these actions from rippling across the markets and this would have short circuited the financial failure cascade or at least substantially reduced the severity of the crisis.
Unfortunately their political connections allowed them to avoid this oversight and here we are today.
Cartooning Services For Professionals
I'm sorry, but if you are running around thinking this is some unpredictable cascade of failures, you're dead wrong. If you're just now trying to piece this together, don't bother. There are folks waaay ahead of you and you'll enjoy their articles if you choose to find and read them.
There are those of us who have been discussing this issue since 2003. There was regular public warning, but NO ONE WANTED TO HEAR IT because houses had become 'free' to the credit-happy American populace.
Paulson is just executing the 'soft landing' that will leave the US coffers filled with foreign investment in the dollar, crushed competitor nations and a domestic workforce willing to work for far less than they did just a few months ago.
This is the same sort of 'ideal' business climate that those in the same position in the 20s and 30s created. While it did eventually lead to a massive manufacturing spike, the pain was immense and the eventual pleasure only felt by the capital class and the children of those who lived through a near generation-long depression and a global war. In short it wasn't worth all the financial engineering then and it's not worth it now.
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