The centerpiece of the bipartisan Foreclosure Prevention Act, passed
by a bipartisan 84-12 in the Senate on Thursday, is a corporate tax
giveaway for homebuilders, one of the groups most responsible for the
housing bubble. You might remember that it was the homebuilders who
rushed ahead with new housing developments under the delusion that the
good times would last forever. Now they are being rewarded for their
gluttony.
The bill contains a $6 billion tax tax write-off that would allow
any homebuilder such as KB Homes to take their tax losses from 2007,
2008, and 2009 and apply them against their profits for the previous
four years rather than the two years now allowed under the law. The
technical term for this is "tax-loss carryback." It would essentially
allow homebuilders to get back some or all of the taxes they paid
during the years of record profits.
A little background. These very same tax provisions were jettisoned
from the final version of the economic stimulus package enacted into
law in mid-February. That omission brought the president of the
National Association of Home Builders before the microphone the very
next day to announce that its political action committee was halting
all contributions to federal congressional candidates "until further
notice."
It's not often that you see the direct link between campaign
contributions and congressional action. But the Senate's passage of
this $16 billion boondoggle exposes for the world to see the underbelly
of the connection between money and politics As Melanie Sloan,
executive director of the Citizens for Responsibility and Ethics,
recently pointed out: "How many members of Congress have you heard say,
'People donate to me, but it has no affect at all'?" The Senate's
action explodes the oft-repeated assertion by elected officials that
lobbyists deal with them only at arm's length. By including this
giveaway in the new bill, the Senate is acknowledging the direct
connection between campaign contributions and legislative outcomes.
And let's be clear, we're not talking about chump change. BUILD-PAC
- as it's known - is the nation's 17th largest political action
committee as well as the seventh largest corporate PAC. Since 1990, it
has given nearly $20 million to federal candidates. In the current
election cycle, BUILD-PAC has collected more than $2 million and handed
out $1.5 million to candidates
If this tax break were good policy, it might be considered worth it.
But it's not. It won't lower housing prices or create demand; it will
do nothing to stimulate housing sales or production; nor will it - for
that matter - create a single construction job. What is clear is that
missing from the bill is a provision that would have actually helped
the growing ranks of defaulting borrowers. It would have allowed
bankruptcy judges to rewrite the terms of residential mortgages for
distressed borrowers. Also missing was a provision to grant the Federal
Housing Administration expanded powers to back the refinancing of
troubled mortgages by providing $300 billion in new loan guarantees.
The winner in this battle was the mortgage industry, the second villain
in the housing crisis. It was this industry, you will recall, that
promoted subprime mortgages to the most vulnerable segments of our
society. Then they washed their hands of the potential mess by
magically transferring the debt into Wall Street securities.
The losers are folks struggling to keep their one major asset. The
misnamed Foreclosure Prevention Act is unlikely to help most borrowers
trying to keep a roof over their head. The Center for Responsible
Lending estimates that 8,000 families a day are sliding into
foreclosure and that adopting real foreclosure prevention would make a
real difference to 600,000 homeowners. Who lobbies for them?
Unfortunately, you already know the answer to this question.