CRA and the current economic mess

Tom Hamilton, an associate professor of economics from St. Thomas University in St. Paul, Minn., said there is a link between the Community Reinvestment Act and current economic troubles. Responding to my question at a symposium on Friday, Hamilton said the original 1977 law was well-intentioned, but changes made to in the early 1990s created incentives for banks to make loans to borrowers who otherwise would have been considered unqualified. Underwriting standards at Fannie Mae and Freddie Mac were rewritten to further accelerate mortgage lending to non-traditional borrowers.

This argument has come up as pundits look back and try to figure out how we got into the current economic mess. U.S. Rep. Barney Frank, (D-Mass.), who heads the House Banking Committee, says it is racist to connect the current problems with CRA.

An important player in the drama is Bill Dedman, who in 1988 authored a series of articles for the Atlanta Journal-Constitution that charged banks were not making loans to certain minority groups. He analyzed data from the Federal Home Loan Banks and found that far more loans went to white neighborhoods than to neighborhoods populated by Asians, Blacks and other minorities. The articles drew an enormous amount of attention, in addition to a Pulitzer Prize. Newspapers in Detroit, Minneapolis and elsewhere replicated Dedman’s methodology and drew similar conclusions about the lending institutions in their own regions. Pressure from the media influenced banking committee heads Rep. Henry Gonzalez (D-Texas) and Sen. Don Riegle (D-Mich), and others, laying the groundwork for changes to CRA.

As a fellow journalist, I admire Dedman’s work in the 1980s, but I think his conclusions were greatly exaggerated and often misinterpreted to accommodate self-interested political agendas. Activists and politicians who wanted change for a lot of other reasons, latched onto Dedman’s work to support their causes.

It think it is fair to say, however, that the genesis of the current economic mess represents the congruence of several factors, including an active press corp., congressmen who wanted to open up lending, and technology that facilitated the creation of complicated new investment products. One point that cannot be overlooked when considering the CRA/economic mess connection is that most of the subprime mortgages made in the last decade came through mortgage companies, which are not subject to CRA. Regardless, banks got a loud-and-clear message in the 1990s that they were expected to make more loans. Made through both their mortgage subsidiaries and directly from their commercial banks, the additional loans were made and it has caused a big problem.

Economic oasis in community banks

The Dow closed down 324 today and recession is still the main topic of the nation’s business pages, so it was so refreshing to visit with a group of community bankers earlier today. They were meeting for an event hosted by the United Bankers Bank in Bloomington, Minn. These bankers, largely from Minnesota and the Dakotas, were overwhelmingly upbeat. Aside from a few jokes about the value of their personal 401(k) plans, most said things were going very well at their banks. The rural economy is doing very well, and now that the price of oil is dropping (it closed at $64.84 per barrel today), there’s a pretty solid feeling that farm profits will remain strong through 2009.

The big question that a lot of bankers have concerns TARP — the Troubled Asset Recovery Program. Part of the program gives banks the opportunity to sell troubled assets to the government. I have yet to meet a banker who says he will be participating in this program. Another component of TARP has the government injecting capital into banks by buying newly issued preferred stock. Community bankers have a lot of questions about how this will work at their banks, which are typically closely held. How will shares be valued? And the biggest question concerns subchapter S banks, which by law can only have one kind of stock. The IRS would not permit them to issue preferred stock. So are sub S banks left to the sidelines? I’m going to be trying to get an answer to that question over the next few weeks.

Eide Bailly, the accounting firm, hosts a conference for bankers next week and they certainly will address this topic. Look for coverage of the UBB event in the Nov. 15 edition of NorthWestern Financial Review; Eide Bailly event coverage is slated for the Dec. 1 edition.

“Bust up” concentrated bank power

“Three financial institutions control more than 40 percent of all deposits,” said Minnesota banker Noah Wilcox in his lively blog post “Bust ‘em Up!” “Three CEOs have enough power to literally bankrupt our entire country.  Is that a good feeling?” Wilcox asked.

Michael Washburn, vice chairman of ICBA’s policy development committee, cited similar figures in testimony this week before the House Financial Services Committee. Washburn “urged Congress to stem excessive concentration and promote diversity in the financial sector,” which is how lobbyists would phrase what Wilcox expressed more urgently in his blog.

How voluntary will it be?

The Washington Post found a couple of community bankers sounding off on Treasury’s new capital purchase program. Notable quotes:

  • “We will be punished for behaving prudently by now having to face reckless competitors who all of a sudden are subsidized by the federal government.” Peter Fitzgerald, McLean, Va.
  • “We don’t need a bailout, and if other banks had run their banks like we ran our bank, they wouldn’t have needed a bailout either.”  Brady Adams, Grants Pass, Ore.

It’s unclear at the moment how much discretion institutions will have when it comes to participating in Treasury’s voluntary program. Quoting the story again: “Treasury will set standards for deciding which banks can be helped, and the regulatory agencies will triage the banks they oversee: The institutions faring best and worst will not receive investments. The institutions in the middle, whose fortunes could be improved by putting a little more money in the bank, will be pushed to accept money from the government” [emphasis added].

Pick up the Nov. 1 print edition of NorthWestern Financial Review for much more on what community bankers in the Midwest have to say about the unfolding response to the current financial situation.