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Subprime Loan Problems, Stock Market Declines: A Result of Lax Lending Practices, Not Identity Theft and Fraud
March 14, 2007

William Poole, President of the St. Louis Federal Reserve remarked in February (when addressing Subprime lending problems): "Some of this lending probably involved actual fraudulence....". Some took such comments to mean that the recent problems we have witnessed in Subprime lending, and the ensuing stock market declines, have been caused primarily by mortgage lending fraud. Although mortgage lending fraud has been on the increase in recent years, and both Identity Theft and Identity Fraud are contributors to mortgage lending fraud, data suggests that such factors are a small contributor, not a major one.
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In November 2006, the Financial Crimes Enforcement Network (FinCen) Office of Regulatory Analysis released a report titled: Mortgage Loan Fraud. In such report, FinCen analyzed SAR (Suspicious Activity Report) data from 1996 to 2006 and isolated records associated with Mortgage Loan Fraud:82,851 such records were identified. Such data pointed to a substantial increase in Mortgage Loan Fraud in recent years: 28,372 in 2006 (expected); 25,989 in 2005; 18,391 in 2004; 9,539 in 2003; 5,387 in 2002; 4,696 in 2001; 3,515 in 2000; 2,934 in 1999; 2,269 in 1998; 1,720 in 1997; 1,318 in 1996.

Despite the substantial increase in Mortgage Loan Fraud SAR, given the substantial number of mortgage applications filed each year, the 28,372 data for 2006 is less than 0.1% of total mortgage loan applications for 2006.

Furthermore, FinCen discovered that less than 1% of all Mortgage Loan Fraud SAR were characterized by Subprime Loans.

Although the percentage of mortgage loan fraud relating to subprime loans relevant to the total number of mortgage loan applications seems extremely small, Identity Theft and Identity Fraud are a major contributor to mortgage loan fraud. In a random sample of 1,054 narratives taken from the 82,851 SAR records, FinCen concluded that 3.9% were characterized by Identity Theft, and 23.12% were characterized by Identity Fraud. Identity Theft is characterized by the assumption of someone else's identity, while Identity Fraud is characterized by the misrepresentation of some data underpinning one's identity (such as using someone else's social security number, but not someone else's name).

In conclusion, Identity Theft and Identity Fraud are a major contributor to Mortgage Loan Fraud. However, Mortgage Loan Fraud (and in turn Identity Theft and Identity Fraud), is not a major contributor to the recent problems associated with Subprime loans.

Such findings should not be surprising. After all, if someone wants to commit fraud to secure a mortgage loan, wouldn't it make sense to secure a low
interest loan as opposed to a high interest one? Why would a criminal act fraudulently to secure a loan, but honestly to get a high interest one?

The recent turmoil in Subprime lending and the ensuing stock market declines is a function of lax lending standards, rising short term interest rates, and non-increasing home prices. Lax lending practices allowed lenders to qualify borrowers based on monthly payments calculated at initially low adjustable rates. When time came for such adjustable rates to increase, the home buyers could not afford the higher monthly payments. When such buyers were forced to place their properties on the market, housing inventory increased, limiting real estate price appreciation. As a result, homeowners could not sell their homes, they also could not make their higher monthly payments, and as a result, subprime lenders were stuck with non-performing loans. With non-performing loans on their books, subprime lenders could not make interest payments on loans they have taken themselves. As a result, they were forced to file for bankruptcy.
None of this should be surprising, given the substantial increase in interest rates we have witnessed in about 2 1/2 years, coupled with the substantial increase in adjustable rate financing. Short term interest rates have increased from a low of 1% to 5.25%. That is an increase of 4.25%.

Subscription Published Research (SPR), a service of Gammawealth Strategy & Research , LLC (www.gammawealth.com), published an extensive study/research
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article in November 2005 titled: Greenspan, Bernanke and The Fed; Productivity, Inflation and Economic Growth. At such time Fed Funds interest rates were 4%. Such article predicted that interest rates would rise to at least 4.5%. Furthermore, such article stated on page 9: "if a change in the recent tightening cycle is not indicated soon, an unecessary slowdown in the economy may ensue, resulting in the need to aggressively lower rates further in the future". We should note that GammaWealth also operates www.creditlock.com

Such prediction was far from the norm in November 2005, when everyone else was predicting substantial additional increases in interest rates and continued growth. Yet today, several analysts are starting to talk about an imminent upcoming ease of policy.

Despite the seriousness of the current situation, considering that only 6% of outstanding mortgages are subprime mortgages with adjustable rates, it is unlikely that a major financial shock will ensue. An article by David Gaffen, "Be Cautious, Don't panic", published on WSJ Online in February, illustrated such perspective.
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Richard Brown, FDIC chief economist recently remarked that FDIC insured banks hold about $2.2 Trillion in mortgages, probably with 85% to 90% being prime mortgages. The total size of the mortgage market is about $10.2 Trillion. About $5.5 Trillion have been securitized. The total size of the Subprime mortgage market is about $1.3 Trillion. If 30% of such mortgages default, and banks are only able to recoup 60% of lent monies, that would result in losses of $156 Billion. It is estimated that FDIC insured banks generated about $145.7 Billion in profits in 2006 alone.
What if the Subprime problems affect the overall mortgage market? It is estimated by the Mortgage Bankers Association that 35% of homeowners own their homes outright. Furthermore, an additional 47% are estimated to hold a Fixed Rate Mortgage. Unless there is a substantial loss of jobs, it is unlikely that the Subprime problems will cause a serious economic shock.

Although it is unlikely that a serious economic shock will ensue, it is very possible that an increase in real estate inventory available for sale will cause some slowdown in the real estate sector. Such sector slowdown will have a negative, non-shock, effect on the economy, which might be absorbed by growth in another sector, such as increased corporate spending. If no other sector absorbs such slowdown, then it is possible the economy may stagnate: hence the possibility of recession that Greenspan recently alluded to.

The Fed will most likely monitor the situation very closely, with its finger only inches away from the interest rate ease button, in order to prevent a liquidity crunch. The fed, or another regulatory or government entity, may also give incentives to lenders to extend lower rates to subprime borrowers, in order to help them avoid default. It is ironic that those who cannot afford to make high interest payments, are exactly those who are forced to pay higher interest rates.... because they cannot afford it....

 

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