Thank you, and thank you for organizing this Special Order tonight to talk about an issue that we should not turn our attention from because we need to remember how we got here if we're going to figure out how to get out and how to make…
Thank you, and thank you for organizing this Special Order tonight to talk about an issue that we should not turn our attention from because we need to remember how we got here if we're going to figure out how to get out and how to make sure we don't get here again. This has been the worst economy since the Great Depression, and we need to make sure that the mistakes that got us here are mistakes we avoid in the future.
Our colleagues across the aisle have said the great issue in American politics now is between those who want big government and those who want small government.
The real issue is which side government is on; and for too long, government has not been on the side of working and middle class families who are trying to make an honest living, who are trying to support themselves, support their families, do the right thing, do something useful with their lives. Government has been on the side of people who were trying to make a killing by getting themselves into a position where they can take advantage of the economy, where they can extract money, they can loot the economy, is what economists called rent-seeking, doing nothing particularly useful, but just taking a piece of other people's productive work.
There has been a lot of gloating in the last little bit about how successful the financial rescue has been, and by many measures it has been. The banks have not actually collapsed; the financial system didn't collapse. We did not have a Great Depression, as painful as this has been, but the financial collapse and the rescue profoundly offended Americans' sense of justice, and it offended my sense of justice.
What led to the financial collapse was not some perfect storm of unforeseeable macroeconomic forces and this weird combination of events that no one could possibly have seen. It really was the result, as the FCIC report concluded, it was not just preventable; it was the result of blame-worthy conduct that we should never have allowed to happen.
I first got involved in this issue, not knowing it would result eventually in a financial crisis, through working on the issue of mortgages, knowing that the mortgages were terrible for consumers, for homeowners. And the way that they had been portrayed, as a good-faith effort by the financial system to try to make home ownership available to people who could not otherwise afford it, was completely different from what was really going on with subprime mortgages.
There was an explosive growth of subprime mortgages. They grew from 8 percent of all mortgages in 2003 to 28 percent in 2006. That is enormous growth in just 3 short years. And they certainly were not about helping people buy homes who otherwise could not have afforded home ownership.
In fact, every study that has looked at it has concluded the great majority of people who got subprime loans qualified for prime loans. They got cheated. They got steered into loans that obviously were not in their interest. They weren't about helping people into home ownership.
In fact, subprime was almost entirely a creature of refinances. Seventy percent, even during that 2003 to 2006 period, 70 percent were refinances. People already owned their homes, but they needed to borrow money. Some of them lived beyond their means, there is no doubt about it. Some of them were using the equity in their home as an ATM machine. But the fact is for the last generation the means of middle class families have not been enough. Americans, as the economy has grown, as the Nation has prospered, that prosperity has not been widely shared as it has been in the past.
And so when Americans got into trouble, when they needed to borrow money from somewhere, when someone in the family got sick, when someone lost their job, when they went through a divorce, when they needed to borrow
money, the only way they could borrow money was to borrow it against their home, to refinance their home. Seventy percent of subprime loans were refinances. And again, the great majority, The Wall Street Journal estimated 55 percent, most of the other estimates have been more than that, were people who qualified for prime mortgages.
Ninety percent were not fixed rate, 30-year mortgages. They had a quick reset after just 2 or 3 years. So they were 2/28s or 3/27s. Most people who got those loans did not even know that. They did not know that the initial mortgage payment that they had to make, monthly payment, was going to be subject to a very quick increase. And the increase after just a couple of years was generally 30 to 50 percent a month. To get out of the mortgage, the great, great majority had to pay a prepayment penalty, usually like 3 percent of the outstanding balance of the mortgage.
Now, those were not mortgages that were designed to help middle class families. Those were mortgages designed to take the equity in their home, to strip them of the equity of their home as house prices were going up. There was never any thought that they really would be able to pay off those mortgages over the course of 30 years and then invite their friends and family over to have a ceremony where they would burn their mortgages, as earlier generations of Americans had done. They were mortgages that had the effect of trapping people in debt and taking from them the equity in their home and making sure that that ended up in the pockets of the financial sector, not in the pockets of the middle class families.
Other practices in that last decade that should never have happened, overdraft fees. Now, overdraft fees serve a useful purpose. In another generation, we used the criminal laws to prosecute people who wrote bad checks. There are a lot of perfectly honest folks who got themselves in just a little bit of trouble, or didn't balance their checkbooks, who ended up with prosecutions for writing bad checks. But overdraft fees became a source of profit for banks. A typical overdraft fee would be 40 bucks. The biggest banks actually developed what was called ``fee harvesting software.''
If you had an overdraft agreement, and you had one unless you specifically asked not to have one, and you went to an ATM machine and you asked for your balance, it wouldn't actually tell how much you had in your account. It would say ``funds available.'' That meant how much your balance was plus what they would allow in overdraft fees.
And they would run the bills through in a way that would maximize your overdraft fees. So if you were like a lot of people and you got to the end of the month and there was more month than there was paycheck, and you went to the ATM, and you had a hundred bucks in your account, and you went to the ATM machine and you took out 20, and then you took out another 20, and then you made a $20 purchase, and then another $20 purchase with your debit card, and then maybe a $15 purchase, and then you wrote a $100 check or a $105 check, the banks would put the $105 check through first, putting you over your limit, charging you a $40 overdraft fee on that and the 20, the 20, the 20, the 20, and the 15. Now, that's just crooked. And that was legal.
Ms. Speier, my colleague from California, has pointed out the lack of prosecutions. But perhaps the greatest scandal of this financial crisis is what was legal; not that illegality was blinked at, but what was legal in all of this.
We have now passed legislation that should reform much of this, but we have to stick to it to make sure that those reforms are enforced, they are given meaning, and that the regulators do not fall into that tendency to be controlled by the people they are supposed to be looking after. They are supposed to be the cop on the block, and they have to exercise independent judgment on behalf of the American people.
We need to make sure these reforms work because we cannot allow what happened in the last decade. It truly offended Americans' sense of justice, that the people who caused it have come out unscathed. Not only have they not been criminally prosecuted, but they are now back to making the same kind of bonuses they made before. And the people who have suffered, suffered the most, are the working and middle class families who got trapped in those mortgages, or who lost their jobs, or even people who had good mortgages have now seen the value of their homes collapse. And with the loss of the value of their home, one in four people with mortgages now are underwater, owe more on their home than their home is worth.
With that, they have seen the loss of their life savings. That is the life savings for most middle class families, the equity in their home. So of course people have a knot in their stomach. They have a knot in their stomach about whether they're going to keep their jobs. They have a knot in their stomach over what they really own in the world when they have seen the value of their home collapse in the way that it has.
So I thank the gentlelady from California for organizing this Special Order so that we can call attention again to the kind of misconduct, the kind of corrupt, rent-seeking looting of the economy that we have seen in the last decade that got us to where we are.
I am reminded of one of my favorite quotes from Will Rogers, who is responsible for many of my favorite quotes, that in the New Deal, even after the financial collapse, even after the stock market collapse and the revelation of all of the conduct that had led to that stock market collapse, the securities industry fought tooth and nail. Wall Street fought tooth and nail the regulation of the securities markets, the stock markets.
Will Rogers said, ``The boys on Wall Street don't want a cop on their block.'' Well, they still don't. They still do not want someone standing between them and the kinds of profits that they made in the last decade.
Thank you very much. I think we all struggle with what phrase to use to describe the people that have been hurt by this. I think we use the words, the phrase working and middle class families, sometimes we say ordinary people. Sometimes we say regular people. But the phrase that keeps coming to me is people who are trying to make an honest living.
And I think my model for that was my own parents. I am a child of the middle class. My father worked for the post office. He managed, at the end of his life, he worked for the post office almost all of his life, almost all of his working life. He died in 1965. At the end of his life, when I was 12, he was a manager of a neighborhood branch of the post office.
After that I saw my mother support me on her own as a widow, when I was 12 forward. I remember my law school graduation, my mother trembling. I thought that she was overcome with pride since my generation was the first in our family to go to college. She later admitted to my sister that she had actually, after my father died, prayed that if her youngest, me, could just get through school, He could take her at any time. So she was expecting to be struck down at any moment and was trying to negotiate a new deal with God.
I am deeply offended by the suggestion that my parents, both of whom were public employees, my father worked for the post office, my mother was a bookkeeper for the local school system, were not making a contribution to society, that they were taking, that they were takers and not givers. I saw how hard they worked to do right by me and to do right by the people who were paying their salaries.
I am deeply offended by the arguments that public employees are people who are taking from our society and not giving back. The idea that they are takers, and the people who came up with this stuff, are the ones doing something useful to society, that they are the ones who are making a valuable contribution, offends me deeply.