Open Letter to Senate Regarding Mortgage Bailouts and Regulation

Dear Senator:

The news has been filled of late with stories of heartbreak in the sub-prime mortgage market and calls have grown louder for the government to do something to alleviate the suffering of those under threat of losing their homes. We are writing to urge you to be careful not to allow this difficult situation to be used as a pretext for increasing the size and intrusiveness of the federal government.

We specifically oppose creating or expanding programs to provide explicit government loan guarantees, allowing government-sponsored enterprises (which enjoy an implicit taxpayer guarantee) to purchase more loans, direct-aid to borrowers, granting bankruptcy judges the power to rewrite mortgage contracts, and new regulatory requirements that go beyond disclosure to determinations of suitability.

Sub-prime mortgage lenders and their customers entered into agreements both understood to contain certain risks. Lenders and holders of mortgage-backed securities knew their risk was the possibility that borrowers may not have the means to make their payments once those payments increased.

Some borrowers chose risky loans and purchased houses they otherwise could not afford in the traditional mortgage market. Others chose these loans as a wealth management tool and to help them achieve financial goals such as starting a business. People are free to speculate as to their future earnings and ability to repay mortgages as well as speculate on the future of housing prices. Government should not step in simply because some people took risks that didn’t work out.

That is not to say there aren’t things government can do. Where fraud occurred, it should be fully prosecuted. And government should reduce barriers that inhibit lenders and borrowers coming together to negotiate terms beneficial to both sides, so lenders are not out money and borrowers do not lose their homes.

We urge you to act deliberately and avoid any temptation to step in with a government bailout that would reward financial imprudence, create a moral hazard, and set a dangerous precedent that encourages irresponsible risk-taking at taxpayer expense. Nor should you intervene to prohibit risk-taking that could give some families greater economic opportunity.

Sincerely,

Tim Phillips

President

Americans for Prosperity

 

J. William Lauderback

Executive Vice President

American Conservative Union

 

Jeffrey Mazzella

President

Center for Individual Freedom

 

Tom Schatz

President

Council for Citizens Against Government Waste

 

Grover Norquist

President

Americans for Tax Reform

 

Kristina Rasmussen

Director of Government Affairs

National Taxpayers Union

 

Fred L. Smith, Jr.

President

Competitive Enterprise Institute

 

John Berlau

Director

Center for Entrepreneurship, Competitive Enterprise Institute

 

Lori Roman

Executive Director

American Legislative Exchange Council

 

Pat Toomey

President

The Club for Growth

 

Karen Kerrigan

President & CEO

SBE Council

 

Richard Falknor

Executive Vice-President

Maryland Taxpayers Association, Inc.

 

Amy Ridenour

President

National Center for Public Policy Research

 

Andrew F. Quinlan

President

Center for Freedom and Prosperity

 

Mark Chmura

Executive Director

Americans for the Preservation of Liberty