Fraud and Inequality in the Subprime Mortgage Crisis

Abstract

This chapter examines how deregulatory fiscal policies undermined federal legislation intended to reduce racial and economic inequality through measures that included wider access to home loans among minority populations. We focus specifically on structural tensions that existed between fostering the goals of economic and racial equality within a political structure that also serves the needs of finance capitalism. The Community Reinvestment Act (CRA), typically considered a triggering point for the financial meltdown by conservative commentators, was passed to address racial and economic inequalities, yet financial deregulation and the growth of the subprime mortgage industry ended up completely subverting these goals. The unprecedented growth and evolution of the subprime mortgage industry that occurred largely outside of the law's reach helped minorities and other economically disadvantaged groups enter into the housing market. However, a crime-facilitative environment brought on by inadequate regulation resulted in a significant degree of fraud by lenders. While this expanded homeownership among minorities, it eventually pushed them into default and brought chaos to the entire U.S. economy. This chapter details how the collapse of the subprime industry disproportionately impacted minority populations, and exposes how deregulatory policies subverted the effectiveness and reach of the FHA and CRA. The history of the CRA provides a clear example of the contradictory tensions within the U.S. legal system that espouses equality yet ultimately fails those it was designed to help as a consequence of unfettered capitalism.

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