The Clinton proposal is a blunt tool applied too broadly to problems that are, in principle, contained and specific. Only 3.1 percent of prime (good credit) ARM loans are seriously (90 days or more) delinquent. The disconcerting delinquency rate of 16 percent is for the subprime sector--which is alarming, to be sure, but 84 percent are not seriously delinquent. Over the last three years there was an unusually large volume of aggressive lending activity with flaws at several levels. Some borrowers were led into loans they did not understand. These people deserve some concern. Other loans were made to speculators who do not live in the homes and were betting that house prices would continue to go up. The inhabitants of these homes deserve our concern, but the investors do not. It is now clear that there were too few checks and controls to assure reasonable loan underwriting practices (for example, no escrow accounts for taxes and insurance) or even good recordkeeping.
An accurate assessment of the current mortgage problem would probably reveal no more than 700,000 loans with distressed borrowers. Why, then, would the U.S. government rewrite eleven million loans, or even all 3.4 million subprime mortgages? Any intervention should be targeted at the borrowers who are truly in trouble, especially those who were likely duped by unscrupulous mortgage lenders. The numbers suggest these victims are disproportionately poor, young, and African American. Looking forward, the government needs to take steps to make this market more transparent and make it easier for borrowers to make good choices. But it would be irresponsible to do this by ruling millions of legal contracts null and void.