Now that Congress has waded back into the Subprime swamp, what can we expect from those in the hallowed halls? Probably something akin to Sarbanes-Oxley, which tended to overregulate a problem that was already being cured by market forces. Some of the issues they are tackling are included in Christopher Dodd’s housing bill:

These reforms are definitely needed, but they do little for the folks who have already been affected by the practices of predatory lending institutions. There is plenty of blame to go around in this scenario, with each component of the market assuming some responsibility, including the borrower. However, as Fortune Magazine points out in the prior link, most of the blame should be laid at the feet of the Federal Reserve.

The chief charge against the Fed is that former chairman Alan Greenspan kept interest rates at very low levels far longer than necessary, which in turn sparked the bubble in housing prices and mortgage lending. Looking back, the Fed’s behavior does seem bizarre. It kept the key Federal funds rate at 2 percent or lower from November 2001 right through to the end of 2004.Those rate decisions showed that Greenspan had chosen to use the housing market as his main instrument to prop up the economy after the 9/11 attacks. Using monetary policy to encourage a rise in home prices would be a highly unorthodox move for a central bank. But evidence suggests that Greenspan was overly keen to use housing for exactly that.In 2002 he called mortgage markets a “powerful stabilizing force” because they allowed people to extract equity from their homes, and in 2004 he said that homeowners should consider using adjustable-rate mortgages to save on interest and prepayment costs. In 2005, when a record $625 billion in subprime mortgages were made, Greenspan gave a speech that blessed the creation of new loan products, including subprime home loans.
Greenspan did not force subprime mortgage buyers to buy mortgages from unscrupulous mortgage brokers who had access to virtually free money due to lax monetary policy created by the Federal Reserve, but the Fed was certainly an enabler in the process.
So as Congress considers regulating an industry that by all means is going through extreme market self-regulation at the moment, what can be done about those folks teetering on the brink of default and foreclosure as their Adjustable Rate Mortgages reset to levels that will not allow them to service their debt. First and foremost, what can those folks do right now? The Real Estate Journal suggests these three tips for fighting back.
- Call your loan servicer. Ask for the “loss-mitigation” or “work-out” department and try to modify the loan terms
- Talk to a housing counselor. Many work free of charge and can negotiate with the servicer on your behalf
- Contact a lawyer. If you were misled or not fully informed by a broker about the terms of the loan, it might be rescindable. You may also be entitled to damages.

These suggestions may only provide a stopgap until the inevitable happens. But what can be done on a much larger scope to help out those who are facing this rising tide. Many ideas have been floated, but this potential plan caught my attention.
“Nonetheless, it appears that mortgage defaults are the crisis du jour and that politicians will now fall over one another to do something about it. Under those circumstances, let me suggest an approach that I have not seen elsewhere: a debt-for-equity swap with sub-prime borrowers.
With a debt-for-equity swap, a troubled subprime borrower would give up 20 percent of the equity in his home in exchange for a 20 percent reduction in the outstanding balance on his loan. This would reduce his monthly payment of principal and interest by 20 percent.”
“The swap plan treats homebuyers as adults who made grownup decisions. It says that they can stay in their homes, but they have to give up some of their equity in order to do so. However, unlike the Baker plan, they do not have to revert to becoming renters.”
“To implement the swap plan, government would create an agency to buy equity from troubled borrowers. Call this new agency Bailie Mae.
When a borrower swaps with Bailie Mae, the borrower’s monthly payment of principal and interest immediately falls by 20 percent. Instead, Bailie Mae provides the other 20 percent of the monthly payment. The borrower still has to pay the full cost of other components of the mortgage payment, such as taxes and insurance.
As long as the borrower makes the new monthly payment, he stays in the home. When the home is sold, 20 percent of the gross proceeds go to Bailie Mae. At that time, Bailie Mae will be responsible for repaying 20 percent of the outstanding balance on the mortgage loan.”
“The beauty of the swap plan is that it keeps government involvement proportionate to the size of the problem. Suppose that the crisis is real, meaning that house prices need to fall sharply in order to restore balance in the market. In that case, the swap plan will put some of the burden on taxpayers, while leaving most of the burden on investors. On the other hand, if the housing market is close to reasonable balance today, then the swap plan will cost little or nothing. It would ease my worry about enacting an expensive solution for a non-existent crisis.”
The reasoning behind this plan seems to be sound, as all market participants including the Federal Government would have a stake in the process and the risk is spread out over those same participants. It seems so simple, but an idea like this will probably never see the light of day. Those folks who may have been pressured or deceived into ARMs deserve this type of help.