Gherald and I had an interesting conversation a while back about whether Bush and his Republican cronies deserve the blame for causing our current recession and financial crisis (I know, apparently it’s still a debateable point).

Check out the results of this new study and see if you don’t find it to be intensely damning of Bush’s role in driving our country off the cliff:

Federal regulators in the Bush administration blocked attempts by state governments to prevent predatory lending practices that resulted in the financial crisis now stalking the American economy, a new study from the University of North Carolina says.

In 2004, the Office of the Currency Comptroller, an obscure regulatory agency tasked with ensuring the fiscal soundness of America’s banks, invoked an 1863 law to give itself the power to override state laws against predatory lending. The OCC told states they could not enforce predatory-lending laws, and all banks would be subject only to less-strict federal laws.

Now, a research paper (PDF) from UNC-Chapel Hill’s Center for Community Capital shows that those anti-predatory lending laws had actually worked. States that had stricter regulations on issuing mortgages were found to have fewer foreclosures.

“We believe that these findings are remarkable, since they suggest an important and yet unexplored link between [anti-predatory lending laws] and foreclosures,” the study’s authors state.

The study may be the first scientific evidence to back up claims made by many critics that the Bush administration and earlier administrations allowed last year’s financial crisis to happen by not enforcing common-sense regulations on lenders.

Last year, seven months before the collapse of Lehman Brothers and the ensuing government banking bailout, then-New York Governor Eliot Spitzer wrote a Washington Post column in which he described how the Bush administration blocked states’ efforts to prevent a crisis in the mortgage industry.

Spitzer wrote:

Predatory lending was widely understood to present a looming national crisis. This threat was so clear that as New York attorney general, I joined with colleagues in the other 49 states in attempting to fill the void left by the federal government. Individually, and together, state attorneys general of both parties brought litigation or entered into settlements with many subprime lenders that were engaged in predatory lending practices. Several state legislatures, including New York’s, enacted laws aimed at curbing such practices.

What did the Bush administration do in response? Did it reverse course and decide to take action to halt this burgeoning scourge? As Americans are now painfully aware, with hundreds of thousands of homeowners facing foreclosure and our markets reeling, the answer is a resounding no.

Not only did the Bush administration do nothing to protect consumers, it embarked on an aggressive and unprecedented campaign to prevent states from protecting their residents from the very problems to which the federal government was turning a blind eye.

Spitzer’s Post column ran a month before the New York Times reported that federal authorities were investigating Spitzer as a patron of high-end hookers, ending his political career and long-running crusade against corporate malfeasance. Some observers, including investigative reporter Greg Palast, say this was not a coincidence.

  1. Rnactivist says:

    Why is anyone surprized..Bush was protecting his base….
    The republican party is the party of corporations and millionares….they only pretend they are about the people come election time…other than that its business as usual…profits and greed and when that goes bust the American taxpayer to bail them out.

  2. Gherald says:

    So predatory lending is riskier and results in higher defaults and foreclosures. I don't find this at all surprising.

    Economic freedom entails allowing people to use their money in risky ways, so long as they bear the burden. And if under Bush that's what federal APL laws preempting stricter state laws accomplished, this seems like a positive thing per laissez faire economic theory (though as a supporter of states' rights I'd of course want to make sure it stands legal scrutiny).

    Looser APT laws may or may not have been a significant contributor to the financial crisis. I suspect their effect was minimal in the larger scheme of things. I suspect things like the CRA (designed to promote homeownership among the poor and minorities by getting them easy credit) was more significant. But I base these suspicions on economic theory. I don't know enough to digest the empirical evidence for them, and there doesn't seem to be a consensus among economists.

    What I'm clearer on as being significantly to blame for the financial crisis are ratings agencies being really bad at estimating shared risk. And many people much more knowledgeable about financial markets than me are trying to solve this, so I'm waiting for the consensus here too.

    • Metavirus says:

      "What I'm clearer on as a cause of the financial crisis is that ratings agencies were bad at estimating shared risk."

      Understatement of the year award.

      "What I'm clearer on as a cause of the financial crisis is that ratings agencies were corrupt at worst and grossly incompetent at best at estimating shared risk."

      fixed!

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