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     Feb 28, 2008
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Pain relievers should share the pain
By Julian Delasantellis

the capitalists themselves, they're just fine with as much government support and largesse that they can get their hands on-well; who says no to found money?

Proposals being floated from the financial community are calling for the government to buy up just about every single subprime, and a whole lot of the now endangered Alt-A higher quality mortgages as well. If the government wanted to then show a measure of forbearance or mercy to the borrowers that the private sector is now choosing not to, it then could - it's no skin off my back then, say the lenders.

This approach is evocative of the Great Depression era US Home



Owners' Loan Corporation, set up by president Franklin D Roosevelt and Congress at the start of the New Deal in 1933.

One might find it surprising that these bankers are turning to the example of FDR and the New Deal for their salvation, as, for most of them, their only real connection to that former president and liberal icon is seeing his name alongside obscenities on the walls of the men's room at their country club. Obviously, in deciding between ideology and real money, ideology is being thrown a ball and told to play outside.

If the private financial industry's solution to these problems is to have the government pay to fix them, it shouldn't be all that surprising that government's solution to these problems is, of course, to have the private financial industry pay to solve them.

Floated from out of the US Office of Thrift Supervision (OTS) last week was a new way to deal with the under-water homeowners. In essence, instead of having homeowners either head to bankruptcy court or stay in their houses until they were grey and grizzled, homeowners could get out of this situation by refinancing their mortgage, and having their mortgage holder issue what is called a "negative amortization certificate" for the difference between the remaining mortgage and the home's now lower, assessed value.

"Few details about the plan have been settled" according to the description of the proposal on CNN.com, and that's the problem. Once the "negative amortization certificate" pops out of the printer, it's not at all clear just who then would have what to do with it.

If the homeowner wants to stay in his home, then, for him at least, negative amortization certificates are clear winners. When, a few years ago, most of the subprime borrowers got into their mortgages on their overpriced properties with the low initial "teaser" mortgage rates that the banks dangled in front of their eyes like a worm lure on a fishing line, they were promised that they could always spare themselves the pain of the resets to higher rates and payments by using the house's inevitable increase in market value as the equity required to refinance into more affordable fixed-rate financing.

As home prices fell, the home equity needed to refinance evaporated, so the subprime borrowers were left defenseless against to full gale force pain of the resets, and the subprime crisis commenced.

For these borrowers, negative amortization certificates provide a clear benefit - they get a much lower monthly mortgage payment. At least temporarily, the holders of the mortgage will do worse, for a good part of the value of their ownership in the mortgage has been now converted into the certificate. The plan's originators at OTS say the banks and other holders of the mortgages, since they will save the average $50,000 it costs to foreclose on a delinquent borrower, will be fine and on board with this.

Sure they will.

When things really get hazy is if the homeowner wants to sell the house. Now he can, his mortgage balance has been reduced, so he won't have to face a Freddy Krueger like figure at the closing table demanding tens of thousands of dollars to wake from his nightmare.

What about the negative amortization certificate? Since its creation it has become a sort of semi-secured lien on the property. When the house sells, any difference between the re-financed mortgage amount and the selling price, up to the value of the original mortgage, supposedly goes back to the holder of the certificate, the mortgage holder, after which the certificate then goes out of existence.

No recovery - what then?
But what if the house's selling price does not recover? Who carries that debt, the value of the negative amortization certificate created when the original mortgage was refinanced? The buyer, for all eternity, like a borrowing Original Sin, paying for a financial mistake he made in his 20s all the way to the nursing home? Or does the holder of the negative amortization certificate just eat the loss, laugh it off with a hale and hearty guffaw, "win some, lose some"? Yeah, right.

The real problem underlying all these solutions is, of course, that in media- and image-sodden America, it's more important to look like you're solving a problem than to actually be solving one. Since the subprime crisis slammed into the markets like a planet-killing asteroid in mid-summer, various other well-trumpeted and fanfared solutions have been advanced that promised to solve the troubles.

From Countrywide's September offer to voluntarily re-finance most of the subprime mortgages under its purview (an offer which, like the subprime mortgages themselves, failed upon reading of the fine print) to the US Treasury’s "Hope Now" (see Hope Now - Sorry, wrong number, Asia Times Online, December 12, 2007)and "Project Lifeline" initiatives, the public relations company and media consultant vetted but ultimately pointless and failing efforts by the governing elite to solve the problem grow ever more feverish and frenetic, as the plight of those actually caught up in the crisis grows ever more desperate and dire.

In 1992, Bill Clinton got votes by saying that he "felt your pain" to those Americans suffering the early 1990s' economic woes brought about by the Savings and Loans crisis. Today, it might help if our current elite actually felt and shared in the pain of those caught up in this economic crisis. That they could do by, instead passing all the cost of solving the problem to someone else while still grabbing for all the credit, they actually put some of their own money, some scratch on the table, to feel the same pain of sacrifice that millions of Americans are now being forced to suffer.

Julian Delasantellis is a management consultant, private investor and educator in international business in the US state of Washington. He can be reached at juliandelasantellis@yahoo.com.



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