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III. THE U.S. GOVERNMENT’S ROLE

            IN FOSTERING THE GROWTH OF
                         THE NTM MARKET




              Th  e preceding section of this dissenting statement described the damage
         that was done to the fi nancial system by the unprecedented number of defaults and
         delinquencies that occurred among the 27 million NTMs that were present there
         in 2008. Given the damage they caused, the most important question about the
         fi nancial crisis is why so many low quality mortgages were created. Another way
         to state this question is to ask why mortgage standards declined so substantially
         before and during the 1997-2007 bubble, allowing so many NTMs to be created.
         Th  is massive and unprecedented change in underwriting standards had to have a
         cause—some factor that was present during the 1990s and thereaft er that was not
         present in any earlier period. Part III addresses this fundamental question.
              Th  e conventional explanation for the fi nancial crisis is the one given by Fed
         Chairman Bernanke in the same speech at Morehouse College quoted at the outset
         of Part II:
              Saving infl ows from abroad can be benefi cial if the country that receives those infl ows
              invests them well. Unfortunately, that was not always the case in the United States
              and some other countries.  Financial institutions reacted to the surplus of available
              funds by competing aggressively for borrowers, and, in the years leading up to the crisis,
              credit to both households and businesses became relatively cheap and easy to obtain. One
              important consequence was a housing boom in the United States, a boom that was
              fueled in large part by a rapid expansion of mortgage lending. Unfortunately, much of
              this lending was poorly done, involving, for example, little or no down payment by the
              borrower or insuffi  cient consideration by the lender of the borrower’s ability to make the
              monthly payments. Lenders may have become careless because they, like many people
              at the time, expected that house prices would continue to rise--thereby allowing
              borrowers to build up equity in their homes--and that credit would remain easily
              available, so that borrowers would be able to refi nance if necessary. Regulators did not
              do enough to prevent poor lending, in part because many of the worst loans were made
              by fi rms subject to little or no federal regulation. [Emphasis supplied] 59
              In other words, the liquidity in the world fi nancial market caused U.S. banks
         to compete for borrowers by lowering their underwriting standards for mortgages
         and other loans. Lenders became careless. Regulators failed. Unregulated originators
         made bad loans. One has to ask: is it plausible that banks would compete for
         borrowers by lowering their mortgage standards? Mortgage originators—whether
         S&Ls, commercial banks, mortgage banks or unregulated brokers—have been
         competing for 100 years. Th  at competition involved off ering the lowest rates and
         the most benefi ts to potential borrowers. It did not, however, generally result in

         59   Speech at Morehead College April 14, 2009.
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