Christopher Dodd, for those who aren't aware, is the Democratic senior Senator of Connecticut. He has been in the Senate since 1981, and he served in the House before that beginning in 1975.
He is currently the Chairman of the Senate Banking Committee.
Dodd has come under fire recently regarding some sketchy loan terms he obtained in 2003 from Countrywide on two houses he owns. The CEO of Countrywide, Angelo R. Mozilo, maintains a blurry set of special terms for people deemed to be a "Friend of Angelo", and Dodd is, apparently,
within the blurred lines of the unofficial program.
Some people, myself included, might conclude that a man who heads the Senate Banking Committee maybe shouldn't be quite so cozy with people he's in the position to help immensely.
Dodd has received $21,000 in campaign contributions from Countrywide since 1997, and about $70,000 from Bank of America during the runup to the breaking of the scandal.
On the surface, this is probably not particularly surprising. The rich and powerful get special treatment - especially the powerful - and politicians are, usually, rich and powerful. What makes this particularly egregious, however, is a set of claims made by the Heritage Foundation regarding a bill Dodd introduced in June 2008.
First, a little background for those who don't follow financial news very closely.
Countrywide mortgage was the biggest mortgage lender in the country during the real estate boom that led up to the subprime crisis of 2007-2008. The lender was also one of the hardest hit by the collapse of shady loan dealings and is currently sitting on hundreds of billions of dollars of potentially bad loans.
In January 2008, Bank of America agreed to obtain the beleaguered lender for a paltry $7 per share. Countrywide has numerous assets and positions that would make such an acquisition an amazing deal, if not for the bad loans that come along with it.
In June 2008, Dodd introduced the Dodd-Shelby Refinancing Proposal to the Senate Banking Committee. Ostensibly, the plan allows people with bad loans to refinance through the FHA under more favorable - and affordable - terms (initially there were few stipulation, but additional amendments were eventually added to, among other things, limit the ability of people who lied on applications to partake in the bailout). The idea is that the FHA would assume the risky mortgages and provide a more affordable plan to limit the foreclosure crisis to some extent.
Unfortunately, there's a much dimmer view one can take of it, especially in light of the claims by the Heritage foundation and some anonymous Senate staffers that Dodd's bill was essentially written by Bank of America.
If Bank of America acquires Countrywide, they will assume hundreds of billions of dollars of dangerously sketchy loans that are liable to result in huge losses when the lendees either just walk away from unaffordable houses, or declare bankruptcy. However, under Dodd's plan, many of these people could be refinanced through the FHA. What this means is that most anybody who received an unfavorable subprime loan through Countrywide - those loans now being owned by Bank of America - could apply for a more favorable loan through the taxpayer-funded FHA (there is a provision to raise about half a
billion dollars a year to fund the program, but if the bad loans remain bad on the FHA's balance sheet, as they were on Countrywide's, it becomes a moot point). If approved, the FHA would refinance the homeowner and assume the risk of the loan.
In other words, Dodd's plan effectively offers the chance to take Countrywide's bad loans off of Bank of America's hands (actually, it does this for any bank's bad mortgages) and puts them in the hands of the taxpayers, using the FHA as a pawn.
To really pound the point home, if you haven't quite seen the whole picture yet: Bank of America would acquire the valuable resources, positions, and assets of Countrywide for $7 per share, and taxpayers would eat hundreds of billions of dollars of bad loans so Bank of America doesn't have to.
The only tiny glimmer of light in this whole mess is that the overall bill is so amazingly flawed that it's becoming increasingly obvious that few people would actually be helped anyway. At last estimate, only about $85 billion of bad debt would be refinanced. If 75% of that debt failed, taxpayers would only" eat about $64 billion in losses for Bank of America and other lenders who failed in their fiduciary duty.
I don't know whether to take solace in the fact that Congress's incompetence is apparently limiting the damage of its corruption or not...
[1] The Dodd-Shelby Housing Bill: A Bad FHA Refinance Plan Hijacks Good GSE Reforms (The Heritage Foundation)
[2] Countrywide Corruption (National Review Online)
[3] Did Bank of America write the Dodd bailout bill? (LA Times Blog)
[4]The VIP Treatment: Countrywide CEO Offers Better Rates for Prominent Few (ABC News)
And then, kick 'em when they're down
If all of that wasn't enough to set your pacemaker off, consider this: Bank of America's purchase of Countrywide's equity might be entirely footed by you, the taxpayer. In fact, CEO Kenneth Lewis is counting on it.
According to an article on Bloomberg, Bank of America may be buying Countrywide primarily because the tax writeoffs that come with the purchase will offset the cost of actually paying the $7 per share bid they entered for the company. If the FHA absorbs enough of the bad loans due to the Dodd bill, and the losses Bank of America incurs on the remainder of the bad loans is high enough, Bank of America may pay effectively nothing for the equity in Countrywide. In effect, they'll gain all the equity of Countrywide, and only take a tax-deductible writeoff that has to be funded later by taxpayers (or budget cuts) for the pleasure.
How's that for a real kick in the pants?