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Greenspan's reputation skids; Bernanke slams barn door after the subprime cows escape

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Ben Bernanke is closing the barn door that Alan Greenspan left open to allow fraud to run wild in our mortgage system. If he's lucky, Greenspan will be able to see how well Bernanke's plan works in about a decade when the mortgage market starts to heat up again.

What Bernanke has done, according to the New York Times, is to propose that mortgage companies must show that customers can realistically afford their mortgages. He also proposed that lenders be required to disclose the hidden sales fees often rolled into interest payments, and he'd like to ban certain types of lender advertising that encourages people to take on mortgages they can't afford.

Since 47% of the $1.3 trillion subprime mortgage market was made up of no documentation loans -- e.g., liar loans -- Greenspan's policy of turning a blind eye to deceptive practices was institutionalized. He was so enamored of the idea that securitization would diversify away all the risk of people who could not pay back their loans that he ignored warnings from the likes of the late Fed governor Ed Gramlich.

Bernanke's plan is a good first step. I think one of its flaws is that it asks the banks to tell the consumer whether they can afford the mortgage. If a banker needs to close the loan to get a bonus, that affordability calculation will be skewed to close the deal. I would change the bankers' incentives so that their bonus is linked to the long term profitability of the loan; rather than how big a contract gets signed.

Greenspan was wrong and Gramlich was right. As the fates would have it, Greenspan will be around to see just how wrong he was and will see his reputation heavily dented as a result. Wherever Gramlich is now -- he died in September -- he must be shaking his head that it took a global economic crisis to get the Fed to propose the simplest of fraud protection for consumers.

Peter Cohan is President of Peter S. Cohan & Associates. He also teaches management at Babson College and edits The Cohan Letter.

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Last updated: November 25, 2009: 09:20 AM

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