(Source: American Planning Association. Journal of the American Planning Association)

By Immergluck, Dan
The U.S. foreclosure crisis and the larger financial crisis it
precipitated have had, and will continue to have, a wide variety of
direct and indirect impacts on neighborhoods, cities, and
metropolitan regions (Schilling, 2009). I begin by describing the
development of the foreclosure crisis, its impacts, and the
resulting accumulations of foreclosed properties among and within
metropolitan areas. I then describe the federal policy response to
the foreclosure and larger financial crisis up through mid-2009,
focusing on efforts to reduce surging foreclosures and deal with the
problems of vacant, foreclosed properties. I also discuss some
potential implications of likely changes in housing finance for
housing patterns and metropolitan development. My principal focus is
on impacts that stem from likely changes in housing finance rather
than from the broader economic downturn. This discussion is based
largely on informed speculation, but also on some changes in housing
finance that are already evident. Highly definitive predictions are
certainly unwise at this point, since outcomes will be driven in
large part by as yet unknown responses by policymakers and financial
markets. However, the impacts of these changes, should they
materialize, would likely be very large, so planning practitioners
and scholars should start discussing and researching them sooner
rather than later. Speculation around postcrisis changes in
development patterns has clearly already begun (Florida, 2009;
Leinberger, 2008).
Finally, I turn to discussions of more specific, and nearer-
term, federal policy issues that have been stimulated or resurrected
by the crisis and are likely to have substantial influence on
housing and community development. I focus on issues of housing
finance and neighborhood stabilization in the face of accumulating
foreclosed properties, including: federal neighborhood stabilization
funding, mortgage market regulation, the federal role in secondary
markets and securitization, and community reinvestment and fair
lending policies. The relevance of some of these topics to planning
may not be immediately obvious, but the history of metropolitan
development in the United States suggests that housing policy and
especially housing finance can be key forces in shaping metropolitan
regions. The next 10-20 years will likely be no exception.
The Evolution of High-Risk Mortgage Markets
Contrary to some media reports, the development of high-risk
mortgage lending began well before the recent run up (Immergluck,
2009). An earlier boom in the second half of the 1990s was marked by
a surge in subprime refinance lending. After 2001, subprime home
purchase loans grew rapidly, together with a new class of exotic
mortgages, alternative mortgages aimed at prime borrowers. Subprime
home purchase loans grew over 250% from 2001 to 2004 (Immergluck,
2009). While subprime mortgages made during the first boom performed
very poorly, the loans made during the second boom performed even
worse. According to the Mortgage Bankers Association (2009),
outstanding subprime loans were entering foreclosure at an
annualized rate of over 17% by the second quarter of 2008. Moreover,
this rate was based on a much larger population of subprime loans
than in previous periods.
A key factor in the growth of the subprime market in the 1990s
was the vertical disintegration of the lending industry as
securitization grew and fewer originators held their own mortgage
loans (Jacobides, 2005). However, mortgage securitization did not
appear out of thin air. Deregulation and the federal preemption of
state regulations laid the groundwork for increased securitization
in the 1980s, initally by Fannie Mae and Freddie Mac, the
governmentsponsored enterprises (GSEs) whose principal business was
the bundling and securitization of mortgage loans (McCoy & Renuart,
2008). ' Even more importantly, deregulation and favorable tax and
securities policies facilitated the growth of private-label
securitization, which grew rapidly in the 1990s. Private-label
mortgage-backed securities, which do not go through the GSEs, grew
from $35 billion in 1993 to $150 billion in 1998 (U.S. Department of
the Treasury & U.S. Department of Housing and Urban Development,
2000).
As dominance in the mortgage market shifted from savings and
loans to mortgage companies in the 1980s and 1 990s, federal
policymakers did little to adapt supervisory systems to the new
market structure, effectively deregulating through lack of action
(Immergluck, 2009). Congress passed the Home Ownership and Equity
Protection Act (HOEPA) in 1994, giving the Federal Reserve Board the
power to issue proscriptive regulations on both high-cost and non-
high-cost loans. But the Board's protections primarily applied to
the former category, which was defined by such high price thresholds
that it covered few loans, and they had little impact. The statute
gave the Federal Reserve the authority to add more proscriptive
regulations and to lower thresholds, but it did very little in this
regard until 2008, when it finally issued more regulations on a
broader set of loans after subprime originators had essentially shut
down.
Some states attempted to strengthen their own regulations in the
late 1990s and early 2000s, but federal regulators, including the
Office of the Comptroller of the Currency (OCC) and the Office of
Thrift Supervision (OTS), maintained that their authorities took
precedence over state laws for federally chartered lenders and their
affiliates (McCoy & Renuart, 2008). This blocked the efforts of
consumer advocates who had been fighting for stronger regulations at
the state level.
High-risk lenders exploited the geographies of social
disadvantage, and federal regulators failed to address geographical
and racial disparities, even when given policy tools to do so
(Apgar, Calder & Fauth, 2004; Squires, 2003; Wyly, Moos, Froxcroft,
& Kabahizi, 2007). By 1998, subprime lenders dominated the refinance
market in Black neighborhoods across the country. Subprime lenders
made 51% of refinance loans in predominantly Black census tracts,
compared to only 9% in predominantly White tracts (U.S. Department
of the Treasury & U.S. Department of Housing and Urban Development,
2000). Refinance borrowers in upper-income Black tracts were six
times more likely than borrowers in upper-income White tracts to
receive subprime loans. Calem, Gillen, and Wachter (2004) found
that, even after controlling for education, income, credit
histories, and other characteristics, an allBlack tract was expected
to have a subprime share that was 24 percentage points higher than
an otherwise equivalent White tract.
Two new forces fed the second boom in high-risk lending. One was
the rapid appreciation of home values in many metropolitan markets,
especially in the West and Southwest, in Florida, and on some parts
of the East Coast. Lenders responded to affordability problems in
areas with rapidly escalating prices by developing new affordability
products that offered exotic loan structures to both prime and
subprime borrowers. As home prices rose, lenders increasingly
competed for borrowers by offering larger loans, enabling the
purchase of larger homes or homes in more desirable areas. Subprime
and exotic lending increased the effective purchasing power of
buyers in most markets, fueling price appreciation, which in turn
led to more highrisk lending. In many places, greater purchasing
power was largely transformed into higher home values (Green &
Wachter, 2007).
Another factor contributing to the second high-risk lending boom
was the increased supply of high-risk capital. As the dot-com bubble
burst, many sellers chose to invest in real estate instead of stocks
(Downs, 2007). What the Federal Reserve Chairman called a "global
saving glut" also propelled capital into the United States. Net
international lending to U.S. citizens, businesses, and governments
increased from $120 billion in 1996 to $666 billion in 2004
(Bernanke, 2005).
Private-label securitization played an increasingly important
role in fueling high-risk lending. Subprime and Alt-A^sup 2^
mortgage-backed securities increased from $98 billion in 2001 to
approximately $814 billion by 2006 (Ashcraft & Schuermann, 2008).
Financial innovation in securitization markets, especially the use
of collateralized debt obligations (CDOs) and credit default swaps,
increased the risk levels in mortgage markets. CDOs pool
mortgagebacked security bonds, some with ratings below AAA,
transforming lower grade mortgage-backed security bonds into higher-
rated CDO bonds (Mason & Rosen, 2007). Credit default swaps are
essentially private, unregulated, insurance agreements that allow
investors in mortgagebacked securities and CDOs to hedge their
investments, increasing the amount of capital flowing into such
investments.
Securitization schemes created frictions between parties in the
credit supply chain, including loan originators, credit rating
agencies, issuers of securities, and investors (Ashcraft &
Schuermann, 2008). These frictions often involved principal-agent or
asymmetric information problems, and occurred when one party had an
incentive to conceal critical information from another party. The
complexity of mortgage-related securities made them less than
transparent and caused investors to rely on ratings from the large
credit rating agencies. These firms, including Standard & Poors,
Moody's, and Fitch Ratings, repeatedly underestimated or understated
the risks to investors in mortgage- backed securities and CDOs
(Mason & Rosen, 2007). Finally, different tranches (groups of
investors holding mortgagebacked securities, each group with a
different maturity or rate of return) had different and sometimes
conflicting interests if loan modifications were required (Eggert,
2007). This created a threat of litigation against loan servicers
who might have otherwise been more aggressive in modifying loans to
reduce foreclosures. Surging Foreclosures and Spatial Concentrations
of Foreclosed Properties
In many older cities with weak housing markets, but also in some
cities with relatively strong economies like Atlanta and Chicago,
delinquencies and foreclosures increased well before 2006. By the
fitst quarter of 2006, subprime delinquency rates already exceeded
12% in states with more troubled economies, like Pennsylvania,
Michigan, Ohio, and Indiana, but also in Georgia and Tennessee,
whose economies were still fairly robust at this point.3 However,
regions with very hot housing markets experienced low delinquency
rates at this point, with California, Arizona, and Nevada having
rates below 6%. This was because borrowers struggling with mortgage
payments in hot markets could often avoid default or foreclosure by
refinancing or selling their homes.
By the summer of 2007, foreclosure rates were accelerating in
most large metropolitan areas, with the steepest increases in
markets where housing values were declining rapidly, including
places like Riverside, CA, Las Vegas, NV, Phoenix, AZ, Sacramento,
CA, and Miami, FL (Immergluck, 2008). Surging foreclosures meant
that foreclosed properties, which lenders call real estate owned
(REO), were beginning to pile up in many metropolitan areas. Slowing
housing markets and tightening credit also prevented these markets
from absorbing growing numbers of REO properties.
Figure 1 illustrates the growth of estimated total REO properties
in several major metropolitan areas between August 2006 and August
2008. I totaled loans in REO status from the Lender Processing
Services (LPS) Applied Analytics data set, which combines data from
18 large servicers of mortgage loans, including 9 of 10 ten largest
in the nation (LPS, 2009) .4 I then calculated REO densities by
dividing these counts for each metropolitan statistical area (MSA)
by the number of mortgageable properties (including all buildings
containing from one to four dwelling units, plus condominiums) in
the same MSA from the 2006 American Community Survey (U.S. Census
Bureau, 2008b). To compensate for geographical inconsistencies and
incomplete coverage of the total market, I adjusted the REO totals
upward based on statewide loan counts from the Mortgage Bankers
Association (2009) National Delinquency Survey (NDS; the NDS is the
most widely used and cited data source on the national mortgage
market).
Figure 1 shows how REOs accumulated in three MSAs whose housing
markets had previously been hot (Miami, FL, Riverside, CA, and Las
Vegas, NV), as well as in three other MSAs (Cleveland, OH, Detroit,
MI, and Atlanta, GA) whose levels of foreclosure and REO activity
had been high even before the national foreclosure crisis in 2007.
It indicates that the latter had much higher REO densities at the
end of 2006, but that REO densities in the formerly hot markets
began to grow rapidly as foreclosures surged. REO densities also
grew in the cities that began the crisis with already high levels,
but not as quickly as in the MSAs experiencing rapid price declines.
By late 2007, REO densities in the Riverside and Las Vegas MSAs
exceeded those of Atlanta or Cleveland, and by late summer 2008, the
Riverside MSA had a higher REO density than the Detroit MSA.
In addition to causing financial and social hardship to
individuals and households, high foreclosure rates can have negative
effects on neighborhoods and localities, especially when they are
geographically concentrated (Apgar & Duda, 2005; Schuetz, Been, &
Ellen, 2008). These negative effects, including lower property
values, higher crime, and increased costs to municipal government,
are expected to be greater if REO properties sit vacant for
significant periods of time rather than being promptly absorbed back
into the market in some productive way (Mallach, 2009).
Because subprime lending was disproportionately concentrated in
minority neighborhoods and because REO absorption may be slow in
lower-income neighborhoods if properties are in poor condition and
housing demand sluggish, we might expect REOs to be
disproportionately concentrated in central cities that are
relatively less affluent than their MSAs. However, subprime and high-
risk lending also helped fuel fast growth in newer suburban and
exurban communities, especially in parts of the Southwest and in
California. Media reports suggested that problems may have been
disproportionately severe in newly developed communities distant
from metropolitan centers (Leinberger, 2008). Research in specific
metropolitan areas provides some support for this. Ong and Pfeiffer
(2008) examined foreclosures in Los Angeles County in early 2008 and
found that exurban location accounted for about 20% of the spatial
variation in foreclosure rates. Lehnert and Grover (2008) examined
data on subprime loans in the Minneapolis metropolitan area and
found that foreclosure rates were relatively high both in some parts
of the central city and in some recently developed, exurban
communities. Lehnert and Grover's study in particular suggests the
possibility that in some places REO accumulation occurred in a
doughnut pattern, high in both central city neighborhoods and in
outlying suburban or exurban communities. The extent of such a
pattern in any particular MSA will likely depend on how much of its
suburban or exurban development occurred during the housing boom and
the intrametropolitan patterns of home price declines in that MSA.
In order to describe the intrametropolitan REO patterns across
large U.S. metropolitan areas, Figure 2 divides more than 8,800
metropolitan zip codes in the 100 largest MSAs into four categories
of REO density as of November, 2008. 5 I estimated REO properties in
each zip code using the LPS Applied Analytics data, employing the
same state-level weights used to generate Figure 1 . I omitted zip
codes containing only post office boxes and zip codes with fewer
than 500 mortgageable properties. I estimated the number of
mortgageable properties in zip codes by adjusting 2000 census counts
of such properties using ESRTs 2007 zip code population estimates
(ESRI, 2007).
Within each of these REO density categories, Figure 2 also groups
zip codes into five intrametropolitan spatial categories. The first
spatial category includes zip codes whose land area lies more than
50% within the primary central city in the MSA. The second category
includes those zip codes that lie partly, but less than 50%, in the
primary central city. The third spatial category includes those zip
codes that lie entirely outside the primary central city and are
also in the lowest quartile of zip codes arranged by share of
residents commuting more than 30 minutes to work by car in 2000.
These are labeled, suburb-only, shortcommute zip codes. The fourth
category includes those zip codes outside central cities with shares
of such commuters in the second or third quartile. The final spatial
category includes zip codes outside central cities whose shares of
such commuters are in the fourth quartile, and so are called suburb-
only, long-commute zip codes.
Figure 2 indicates that zip codes with high- and veryhigh-REO
densities are disproportionately located in primary central cities.
In the 100 largest MSAs, almost 30% of zip codes with very-high-REO
densities and more than 21% of zip codes with high-REO densities are
located in central cities, although they represent fewer than 1 8%
of all zip codes. The greater REO densities in central city
neighborhoods are likely due to the relatively high foreclosure
rates in many of these neighborhoods (due in part to racial and
spatial concentrations of subprime lending) and possibly to these
neighborhoods being slower than other areas to reabsorb REO
properties.
By late 2008, some suburban areas also had problems with
concentrated REOs. Approximately 68% of zip codes with high
densities of REOs and 58% of zip codes with very high densities of
REOs were outside central cities. Moreover, suburb-only, long-
commute zip codes made up a disproportionate share of the high- and
very-high-REO categories, although still a smaller share than
central city zip codes. Suburb-only, long-commute zip codes made up
over 25% of high-REO zip codes and over 24% of veryhigh-REO zip
codes, but only 23% of all zip codes. Meanwhile, suburb-only, low-
and moderate-commute zip codes accounted for 49% of zip codes
overall, but only 43% of high-REO zip codes and 34% of very-high-
REO zip codes. This suggests that, on average, suburban communities
located far from job centers have bigger problems with concentrated
REO properties than do other suburban areas.
The Federal Response to the National Foreclosure Crisis
Many analysts sounded warnings about worsening foreclosures and
weakening housing markets well before 2007. Some, including a number
of analysts at the credit rating agencies, warned that falling home
prices could spur foreclosures and housing market decline
(Immergluck, 2009). Much earlier, consumer advocates and researchers
at the U.S. Department of Housing and Urban Development (HUD)
documented foreclosure problems associated with subprime lending
(Bunce, Gruenstein, Herbert, & Scheessele, 2001). In the spring of
2006, the Consumer Federation of America issued a report warning of
the dangers of exotic mortgages (Fishbein &Woodall, 2006). At the
end of 2006, the Center for Responsible Lending issued a report
forecasting that subprime foreclosures would accumulate to 2.2
million nationwide and that 19% of subprime loans would end in
foreclosure (Schloemer, Li, Ernst, & Keest, 2006). Though criticized
at the time as alarmist, both predictions proved later to be too
conservative. As foreclosures climbed in 2007, federal policy
debates over the foreclosure crisis continued. Figure 3 provides a
timeline of key events in the central column and defining points in
the evolution of the policy response in the righthand column. While
there is no universal consensus about precisely when the crisis
started, many would point to April 2007, when New Century Financial,
one of the largest subprime lenders in the country, filed for
bankruptcy. Smaller players in the subprime industry had filed for
bankruptcy in preceding months, but the failure of New Century began
to reveal the scale of the crisis.