The Recession’s Regulatory Causes
by
Michael S. Rozeff
by Michael S. Rozeff
DIGG THIS
The U.S. economy
may or may not be in recession now. But why split hairs? Why use
official definitions? Why use official statistics? Why wait for
the NBER to anoint the next recession? The fact is that important
segments of the economy, such as banking, homebuilding, and real
estate, are in recession now. The odds are that they will soon be
joined by others.
Exchange-traded
funds for real estate investment trusts peaked in February of 2007.
They have declined by over 35 percent since then. The homebuilders
exchange-traded fund (XHB) has fallen from over $45 to $16 since
early 2006. The financial fund XLF has dropped from 38 to 26 in
the last six months. Damage in individual stocks in these sectors
is much greater. Retailers are now feeling the heat. Target Corporation
(TGT) is under 50 from a high of 70. Sears Holding, which peaked
over 195, is down to 96. These stock price drops are the stuff of
recessions in these businesses. Even before these declines, shrewd
investors were assigning very low price-earnings ratios to mortgage
companies and title insurers. They knew that the housing bubble
would burst.
Since the economy
is made up of markets, critics of capitalism will now have a field
day blaming the market economy for its imagined shortcomings. Do
they praise markets when the economy is growing and creating millions
of new jobs and vast new wealth? Of course not, because these critics
are biased government apologists. They seize any chance to pound
the daylights out of free markets.
We can hardly
expect the beneficiaries of big government and haters of free markets
to communicate the simple truth: Recessions do not and cannot occur
on a systematic basis in a diversified economy composed of free
markets.
Since the U.S.
economy’s markets are typically not free markets, it does experience
recessions as a systematic feature, with the banking system being
the usual method of propagation. Recessions only can occur when
the government curtails free markets by its usual means: direct
control and interference, taxes, subsidies, and regulations. They
occur when the government, through these coercive means, manages
to create pervasive shocks that mislead so many market participants
that recession becomes inevitable.
In the 4 years
starting in 2001, the Federal Reserve System (the Fed) increased
the M1 money supply by about 6 percent a year. This followed a 7-year
period in which M1 was basically flat, or stable, not rising at
all. Those 7 years were a non-inflationary period for M1. The rapid
and prolonged increase in M1 between 2001 and 2005 after such a
lengthy period of stability was an important inflationary shock
to the U.S. economy.
Suddenly the
banking system was flooded with reserves, which is the fuel behind
the M1 increase and a vast increase in loans. The Fed had supplied
the banking system with the means to increase its loans dramatically.
The housing sector took off. Housing prices began to rise.
It should be
noted that some foreign central banks have inflated even more since
2001 and created their own real estate booms. This enhances the
odds of a severe worldwide recession.
In the fractional-reserve
system that we have, the growth of loans can exceed that of M1 through
a multiplier effect. Real estate loans increased at a rate of over
14 percent a year in the same 4-year period. So much credit fuel
was injected into the banking system that even after the Fed stopped
increasing M1 at the start of 2005, the loans kept right on rising.
Between 2005 and the end of 2007, real estate loans rose at only
the slightly lower rate of 11% a year.
This was a
real estate bubble, a rise in prices and activity that had no basis
in the real economy, its source being the inflationary rise in the
supply of bank reserves and money created out of nothing, by accounting
entries and not by real savings.
Our government
was well pleased with the bubble and itself. Officials liked the
fact that consumers could refinance their mortgages at lower rates
and, because their home prices had risen, extract home equity loans.
The government encouraged these loans because they stimulated consumption.
The economy was slow to recover in 2003 and 2004. Our leaders thought
that these mortgage loans were leading the way out of the 20012002
recession. The government basked in the systematic illusion (because
of all this new paper money) that the consumer was wealthier and
was leading the economy out of the recession. This was deemed a
good thing. This was thought to be Keynesian economics at work.
Politicians, regulators, the Fed, and Alan Greenspan could all congratulate
themselves at this economic fine-tuning success story. Most of all,
they counted on getting more votes.
If Greenspan
was the Sorcerer, his Apprentice was the fractional-reserve banking
system. The banks could lend to mortgage companies, investment bankers,
and hedge funds. They could create a geyser of mortgage loans themselves
or finance mortgage companies that would originate mortgages. The
banks could sell the loans off to others, financed by loans that
it itself extended!
Along with
letters bombarding Americans to apply for 0% credit cards came incessant
appeals to buy the home one always wanted and could not afford,
or buy that second home, or sell the home one had and buy an even
larger one that was sure to rise in price. The mortgage origination
industry boomed. It sought out and found new customers.
Certain excesses
began to appear. In time, these excesses will be investigated. They
will find their way into headlines, fines, and maybe handcuffs.
The rocks will be turned over. We will see the worms underneath.
A great many headlines await us, but will they blame Alan Greenspan
and the Fed, as they should? Will they blame the fractional-reserve
banking system, as they should? Will they blame the government,
as they should? Will they blame regulators, as they should?
Of course not.
They will blame the market economy and call for revamped and new
regulations. They will single out certain companies and institutions
as the sacrificial lambs. It will be discovered that the excess
money corrupted a great many of those whom it touched. It will be
found that banks relaxed their lending standards, that underwriting
standards were lowered, and that investment bankers stopped doing
the due diligence they should have. It will be found that the abundant
money tempted many and brought out the greed in some. Investment
fraud will be charged against some big and established players who
originated and sold loans to other big players, all of whom either
knew better or should have known better that the loans were of poor
quality. They will incur some fines and write them off.
Meanwhile,
falling below the radar will be a surprisingly large amount of fraud
executed by small and unknown criminals or perhaps by mob-related
figures. According to the FBI, 30 to 70 percent of defaults on payments
early in the life of a mortgage are linked to misrepresentations
on the loan applications. Mortgage fraud goes well beyond an individual
who is fudging his answers. There are countless schemes and scams
by which criminals have tapped into the banking system’s money gravy
train. One method is to buy a house. Then have it fraudulently appraised
at a much higher value. Then sell this to a straw buyer (whom the
house owner controls) who finances it with a bank loan. The bank
loan goes to the seller who then walks away from the deal and keeps
the money. This is a Mafia-type "bustout" scheme. Another
method is to make multiple applications in a short period of time
for home equity lines of credit, and then bust out with the money.
Other schemes defraud homeowners who have been induced to make deed
transfers in order to obtain loans that could save their homes.
In addition
to the money-creation of the Fed that spawned this credit creation
bubble, there exists an immense government regulatory apparatus
that pervades the housing market. Just as there is no free market
in banking, there is no free market in housing in the U.S. The two
sectors, banking and housing, are joined at the hip. There has been
no free market in housing for a very, very long time. The Federal
Home Loan Bank system began in 1932. The Federal Housing Administration
began in 1937. The Department of Housing and Urban Development (HUD)
has been around since 1965. It absorbed the Federal Housing Administration
which began in 1934. Fannie Mae (FNMA) began in 1938 and was rechartered
and expanded in 1968.
The government
officially and institutionally stepped into the housing markets
in a big way under Franklin Roosevelt and Lyndon Johnson. The federal
government has found it politically favorable to encourage home
ownership and the accompanying bank loans. The tax structure has
been manipulated to favor mortgage as opposed to other loans. The
entire structure of where people live, work, and travel has been
skewed by these government manipulations.
If banks can
count on loan capital being supplied by the Fed and deposits being
insured, a large element of moral hazard is introduced into the
system. Banks will make loans that are too risky, knowing that they
can and will be bailed out. To counteract this, there is state regulation
and oversight of bank loans. It is a second-best or third-best solution
to problems caused by other of the government’s perverse regulations
and incentives. However, since oversight is also a government activity,
it is often too little and too late. Lax oversight has surely contributed
to the granting of loans to individuals who were poor risks and
to high-pressure and misleading tactics that induced people to take
out loans who should not have.
The boom in
residential real estate is over. It will stay over for a good number
of years. The peak prices will not soon return. The sectors affected
by this boom (and now collapse) are large enough to affect the entire
economy. Other kinds of loans than low-grade mortgages will start
to go sour and create further problems. The stock market is already
in a bear market.
The Fed’s money
policy from 2005 to now has been one of stability. The M1 money
supply is at the same level it was 2 years ago. This policy is being
threatened by the recession and by the banking problems. So far
the Fed has not unleashed a torrent of money as it did in 2001 under
Greenspan. The current rise in the price of gold signals that the
Fed, under the pressure of such legislation as the Employment Act
of 1946, will again inflate. Congress has mandated that the Fed
inflate in order to promote employment, and, at times such as are
about to hit us, that is what the Fed does. How much it inflates
and when it does are anyone’s guess. Mine is that it is unlikely
that Bernanke will turn on the money spigots as quickly or as much
as did Greenspan.
Freedom is
given lip service by our government officials and regulators. We
are not made more free when the government exercises its powers
over money creation, housing regulation, and the banking system.
The exercise
of these government powers does no recognizable good. In the last
few years, it has done clear harm. It has stimulated a housing bubble.
The government caused overbuilding of houses financed by bad loans.
The overbuilding of houses will take years to work off. In the meantime,
important sectors of the economy will be depressed and unemployment
high in those sectors until people find new work. The bad loans
will have to be sorted out, which means problems and dislocations
for many individuals. Taxpayers will be footing the bill for bailouts
of financial institutions. The banking system will remain fragile,
impeding future growth.
Stock market
declines and housing price declines are the destruction of wealth.
Consider homebuilder Hovnanian (HOV). Its stock was $5 in 1998,
over $70 in 2005, and is now back to $5. It built a lot of houses
that are now not worth the price that people paid for them. Capital
flowed into homes rather than some other activity where it might
have produced some permanent wealth increase.
The
Keynesian remedy for the last recession has proved to be impermanent,
unreal, and short-lived. It has nurtured a set of new problems for
us to work through. The Fed will soon be asked to implement another
Keynesian fix by again ballooning the money supply. Bernanke has
said that he would accede. We can only hope that he is staving off
the pressures to inflate by use of his assurances. It would be most
unwise to repeat a mistake that is so fresh in our minds and experience.
January
14, 2008
Michael
S. Rozeff [send him mail]
is a retired Professor of Finance living in East Amherst, New York.
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