There is no individual reason, no easy reason for the sub prime mess. Behind the current liquidity crisis is mismanagement (really, it was bad guessing and profit chasing) of mortgage backed securities, collateralized debt obligations and other derivatives, cheap cash, house bubble bursting, speculators in the housing market, and overall lack of consumer and investor confidence (really, it’s much more complicated than this). As many others have pointed out to you in other threads, it takes two to tango. People knew or should have known the risks of getting into a mortgage. Yes, I will not deny that there was bad loans made, but for the over all system, it was not an act of predatory lending that you make it out to be.
It’s not entirely true that there is no liability once the loan is sold. They still have their own contractual promises to uphold to the buyer of these loans. In addition, these companies have a future to look out for, right? If it is exposed that they are indeed doing bad loans, the future of their business and their license to originate these loans, you know, the very core of their business is in jeopardy.
Ultimately, the reason for all this mess can be attributed to sub-prime mortgage holders paying back their loans (thus making their loans look attractive to the secondary market) as it can be to fund managers looking for an easy way to hedge their bets on the open market.
What kind of regulation are you looking for? Investors up and down (from lowly brokerage houses to Wall Street giants) were not doing their due diligence in buying this kind of sub prime paper. When these sub prime mortgages were really performing, auditors (at least according to my friend’s firm in LA) were examining 2%, i.e. reviewing the documentation and underwriting process for 2 out of every 100 loans (down from 50%). Investors of these derivatives, MBSs, CDOs, whathaveyou, were buying them up and couldn’t even wait for the review process to be completed quick enough. In retrospect, if they had eager buyers, why wait? The purchase price was as low as 6% (remember these are risky loans, though 6% was considered high). These are not new financial instruments. Markets already internalized the risk. The fact that borrowers were paying these back and not defaulting along with the rise in the housing markets only expanded Wall Street’s appetite for this type of loan.
Where would you put the regulation in these types of transactions? Prevent sub-prime mortgages? Would you forbid the derivative market all together? Are you only going to allow the sale of mortgage backed securities if the buyer has completed a review process of a minimum of 50%?