Friday, January 22, 2010

Are we finally getting serious about regulatory reform?

The timing and circumstances of yesterday’s White House announcement of a new policy direction against the nation’s banking industry provide mixed signals about the underlying seriousness of the effort. First, the policy itself is just a sketch, just a rough collection of ideas that have been floating about within the administration. We need more detail. Second, I find it hard to believe that the congressional members present – Frank and Dodd – have any real interest in the White House plan after working for a year on their own plans. They are probably wondering why these proposals weren’t announced last summer, when there was more political will in Washington to act, and in Dodd’s case, I have doubts as to his ardor for reform in the first place. Third, the timing of the announcement – immediately after the stunning election loss in Massachusetts – strikes me as suspect, a mere means of giving the press something else to talk about and getting the conversation off of health care, which many conclude was the proximate cause of the electoral defeat.

These things suggest that the announcement yesterday was more photo opportunity than the introduction of substantive ideas.

Already, there are naysayers hacking into the announcement, despite the lack of substantive details. In principle, I’m onboard with the rules against proprietary trading desks, but much more is needed. After all, it wasn’t prop desks that created the problem. Indeed, there is no single-bullet theory for the financial crisis, but as Felix Salmon discussed this morning on his blog, cutting prop desks down to size will change the culture at banks, and the broader problem with Wall Street is as much cultural as structural or regulatory.

Overall, I think we’ll know we’ve entered a serious phase of the discussion when concrete ideas are floated concerning the strict regulation of derivatives contracts and stronger oversight of the mortgage industry. These things won’t prevent another financial crisis – and perhaps nothing can – but they will prevent us from having precisely the same kind of crisis.

5 comments:

Danny said...

How about we educate people that balloon mortgages are not such a good thing. They are the same as check cashing industries. If any regulation on mortgages takes place it ought to be you MUST put 15 or 20% down to buy a house.

The Divagator said...

I'm onboard with that, so long as private equity firms are forced to put down as much equity on the companies they take over.

It's not just ignorant home-buyers that are the problem...it's greedy investment bankers, too.

Whether it's LBO debt or mortgage debt, it's all sausage to the i-banker, who packages the debt, moves in on through the system, regardless of the risks, and collects his bonus.

Danny said...

Not well edumacated on that stuff. What I do know is that it is difficult for a house to lose 20% of its value in 3 years. And very, very difficult if the folks that got loans for those homes forked over the 20%.
I fear that the $8000 and $6500 tax breaks for new and "used" homeowners is going to price the next generation out of the market. There is always a consequence to the gov't getting involved.

The Divagator said...

Understood, but there's a price to pay for lack of government oversight in certain areas. Honestly, I am not so concerned with the tax breaks, even it re-inflates prices, at least not at this stage. The problem remains the same as before...the risk for lending is not being kept at the source of the loan, the originator, hence my concern with regulatory reforms within the mortgage industry and at the investment banks. Until we decree that the primary lender keep a greater percentage of the loan on his own books, there is no reason for these people to take responsibility for making crappy loans.

The Divagator said...

I should add that that, by itself, would throw a brake on mortgage lending, no matter what they do with the tax code...there are only so many prime borrowers out there.