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September 26, 2008

Wall Street bailout plan collapses, WaMu collapses, too

Yesterday, Wall Street bailout talks collapsed (Washington Post story, New York Times story) as dissident House Republicans rejected the President's proposal that was being negotiated by Congressional leaders and the President and plan architect Treasury Secretary Hank Paulson at the White House. While the House Republicans have philosophical opposition to market intervention, a number of House Democrats led by John Conyers (D-MI) and Zoe Lofgren (D-CA) and a broad U.S. PIRG-backed coalition also continue to oppose the plan, for different reasons. The proposal, even as modified by Congressional leaders, still does nothing for Main Street. It still lacks our lead demand -- giving consumers in dire straits modest loan modification rights to avoid foreclosure. As the New York Times asks in its lead editorial: What About the Rest of Us?

Mr. Paulson has long opposed what is probably the best way to help Americans stay in their homes: allowing a bankruptcy court to reduce the size of bankrupt borrowers’ mortgages. Unfortunately, but predictably, drafts of the bailout plan circulated late Thursday do not mention that relief. It is simply outrageous that every type of secured debt — except the mortgage on a primary home — can be reworked in bankruptcy court. The law was designed to protect lenders, who have obviously and disastrously abused that protection. There would be no favors dispensed in bankruptcy proceedings. Lenders would have to accept less of a payback and borrowers would have to submit to the oversight of the bankruptcy court for years.
Meanwhile, in other news, yesterday the FDIC brokered the sale of mega-thrift Washington Mutual to JP Morgan Chase. It is the largest FDIC-insured bank failure in history (Washington Post story) but the Chase acquisition will protect the FDIC's taxpayer-guaranteed insurance fund from a massive hit. WaMu had grown fat on risky mortgages (New York Times story). WaMu was also the first large bank to gouge its deposit-account customers with draconian bounce-protection overdraft loans. Its use of this sordid and tawdry practice was first exposed by Alex Berenson of the New York Times -- Banks Encourage Overdrafts, Reaping Profit -- five years ago. We cannot even get the House Financial Services Committee to schedule a vote on HR 946, the Consumer Overdraft Protection Fair Practices Act (Maloney-D-NY), to strictly regulate the practice now used by nearly every bank and, disappointingly, some member-owned credit unions. Not to clap, former WaMu customers: Chase will likely continue the practice. The nation's new largest bank, along with the new number 2, Bank of America, both offer so-called "free" checking with overdraft "protection" as a mandatory "benefit" and "service" to their customers. Hide your wallets.

Posted by Ed Mierzwinski at September 26, 2008 05:10 AM


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