Posts Tagged ‘investment’

Presidential Debates Let Wall Street Off the Hook

Friday, October 26th, 2012

Roy Oppenheim’s commentary was originally published on Yahoo! Homes and is being republished on South Florida Law Blog with their permission.

So we’ve managed to get through all three presidential debates.

But although the presidential election is (thankfully) in the home stretch, did we really learn anything new about either President Barack Obama or Gov. Mitt Romney?

And more importantly, what everyone should be asking is why neither candidate refused to acknowledge the 900-pound gorillas in the room. They were there, but they got a cursory glance at best. These issues are glaring and obvious, yet it is as if they did not exist. It is the reason why many voters are still scratching their heads and asking the following questions.

Why isn’t housing the No. 1 domestic economic issue in this campaign?

Both the president and Romney spent exceedingly too much time on the national debt, when our economy starts and ends with housing. For the first time since the Great Depression, the real estate market has not pulled the economy out of recession. Structurally that is huge, because it was in fact the real estate market that caused the recession in the first place.

But more importantly, the recession was caused by greed and a confluence of people falling asleep at the switch. You have the government that has not properly regulated the banks, who have used their cozy relationship with the regulators to grow larger and more powerful as our nation’s leaders stood idly by.

And now you are left with entire industries, including Wall Street, effectively overshadowing the role of government. At times it seems like moral character has been checked at the foot of Wall Street.
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Wall Street Has Ruled….Because of the Wall Street Rule

Wednesday, October 3rd, 2012

An edited version of this post originally appeared on Yahoo! Homes and is being republished on South Florida Law Blog with their permission.

Wall StreetI am often asked how Wall Street has managed to be so reckless, with little to no regard for its customers and its investors, yet avoid any real consequence for its actions.

The easy answer, if there is one, is that no one has really tried to change the very culture of the banking industry. Corrections have been at the micro level, yes, but these granular solutions have merely chipped away at the problems with mortgage securitization.

No one until this point has been bold or audacious enough to stand up to the banks. Maybe it’s because of fear of blowback from the bankers and their powerful allies, maybe it’s that the regulators and legislators actually don’t know how take them on.

Wall Street has always managed to have a defense that it always seems to fall back on whenever its motives are questioned.

Banks have used it so often there is actually a name for it. It’s called the Wall Street Rule.

Two Brooklyn Law School professors recently, and succinctly, brought attention to the Wall Street Rule and how it applies to the mortgage securitization engine. Bradley Borden and David Reiss correctly argue mortgage backed securities were flawed from the start.

By convincing Congress to ease certain tax restrictions back in 1986, these securities called REMICS were created and became a loophole to allow the banks to avoid paying income tax on millions upon millions of mortgages, which I alluded to back in August.
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Moral Hazard Lies On Wall Street, Not Main Street

Thursday, August 30th, 2012

Judge About To Make VerdictIf there is only one thing that I hope to see as an attorney, it is the law applied fairly to all sides of the courtroom.

And there has been no greater sense of frustration for me than to see the banks, time and time again, not be held to the same standards as you or me.

It has become standard practice for banks to wiggle and maneuver and do everything possible to escape accountability.

But perhaps even more maddening is when those in power refuse to dig their heels and go after these banks. The latest example: the Justice Department’s refusal to prosecute Goldman Sachs.

They hedged their bets and sought to make money on the backs of their clients. This is nothing new to any of my readers, nor is the Justice Department’s lack of reprisal.

Both Matt Taibbi, Rolling Stone’s excellent political reporter, and the New York Times Opinion Page called Eric Holder on the carpet, and now it is my turn.

No one is suggesting that prosecuting Goldman Sachs would have been a walk in the park. But prosecuting them was necessary, if the climate of Wall Street is ever going to change.

What is absolutely maddening about all this is that by allowing Goldman Sachs to skate, the DOJ is all but announcing that the banks can continue to engage in other unconscionable and illegal activities without the fear of retribution This is called a moral hazard — encouraging certain negative behavior by allowing it to continue.

“Ironically” — we only hear about moral hazard in the media, it’s FROM the banks, or government officials like Edward DeMarco, who are alarmed at the notion that homeowners might participate in moral hazard. They will use that alarmist notion, despite the fact that it has yet to be substantiated, as a reason not to do principal write-downs or provide homeowners the meaningful assistance they need.
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Foreclosure and The Presidential Race: Has Obama Done Enough?

Thursday, August 23rd, 2012

 

President Barack Obama delivers remarks on the economy at Shaker Heights High School,Shaker Heights, Ohio, Jan. 4, 2012. (Official White House Photo by Chuck Kennedy)

The Republican and Democratic conventions are almost upon us, and the housing crisis has finally been inserted into the presidential election.

Maybe the President and his Republican rival see homeowners as nothing more than another campaign issue to be exploited, or maybe they are finally starting to understand how central the need to tackle the foreclosure problem is to the American public.

Some days it is hard to tell. But at least the narrative is starting to move forward. It is a start, if a meager one at best.

The housing market is indestructibly woven into the economy. The whole narrative is actually very simple.

Housing has led the economy out of every recession since the Great Depression.

A refi boom inevitably takes hold as interest rates drop and folks refinance their mortgages for lower interest rates.

The extra money from the lowering of your monthly mortgage payments goes right back into the economy, whether its buying new tires, taking the family out for dinner or going to the shore for the weekend.

Those activities stimulate the economy from the ground up. That unfortunately didn’t happen this time because there wasn’t enough equity in our homes and thus the banks refused to refinance your loan.

But of course you and I have known this for a long time now, long before those in power were paying attention.

A year ago I told you underwater mortgages were the “900 lb. gorilla in the room that could derail President Obama’s re-election campaign.
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