A Non-Prescription for Confronting the Sub-Prime Crisis

Over 160 American mortgage lenders have gone bankrupt since late 2006. Many
observers have blamed a “sub-prime crisis.” Media accounts have portrayed a crisis that
will drive millions of American families from their homes. There is some truth to this:
Many Americans face a risk of losing their homes and many have taken out loans they
cannot afford. Executives in the home lending business have lost their jobs. This paper
attempts to clearly define the problems facing the American mortgage market and outline
proposed measures to confront them.

There are several proposals. The Federal Housing Finance Reform Act of 2007 (H.R.
1427) attempts to reform the Federal Housing Administration (FHA). The Expanding
American Homeownership Act of 2007 (H.R. 1852) seeks to overhaul the regulations
governing Fannie Mae and Freddie Mac. The Mortgage Forgiveness Debt Relief Act of
2007 (H.R. 3648)—almost certain to become law—would provide tax relief for people
who have mortgages discharged because of a decline in the home’s value or a
foreclosure. And the Mortgage Reform and Anti-Predatory Lending Act (H.R. 3915)
would enshrine into law a lending standard called “suitability,” which would impose
liability on lenders for making loans that individual borrowers could not afford.