Entries Tagged as 'Fannie Mae/Freddie Mac'

New Agency Announces Its Existence in Middle of Fannie/Freddie Firestorm

Today, the Federal Housing Finance Agency published formal announcement of its establishment in the Federal Register.

The FHFA is an independent Federal agency established July 30, 2008, which will integrate certain functions of the Office of Federal Housing Enterprise Oversight and Federal Housing Finance Board.

Meanwhile, the firestorm of discussions surrounding the Department of Treasury’s conservatorship of Fannie Mae and Freddie Mac continue.  The popular press continues to issue in-depth articles on a variety of details of that conservatorship, and the events leading up to and after the conservatorship.

Mortgage Law Blog notes for readers that various agencies also have issued statements regarding the conservatorship.  Links to a number of these releases appears below.

For a copy of the FHFA announcement, click here.

For FHFA press releases on the conservatorship, click here.

For an FHFA Fact Sheet on the conservatorship, click here.

For a press release from the Department of Treasury, click here.

The following releases are also of interest, in some ways due to their reserved nature:

HUD Defends Policies - We Did Not Create the Subprime Crisis

A Washington Post article (registration required) has suggested that the Department of Housing and Urban Development’s affordable housing policies for Fannie Mae and Freddie Mac contributed to the collapse of the subprime market.

HUD issued the following press release in response:

The Washington Post, citing former HUD officials and academics, claimed HUD’s affordable housing goal requirements of Fannie Mae and Freddie Mac helped to fuel the collapse of the subprime mortgage market. This is a gross misrepresentation of much larger forces that were at work in the mortgage market. We believe it’s time for a reality check:

Congress requires that HUD set affordable housing goals for these government-sponsored enterprises. The largest jump in HUD’s required goals occurred in 2000. If, at any time, Fannie and Freddie believed the goal levels that HUD establishes are unattainable given current market conditions, they need only notify HUD. Until last summer, they did not.

After 2004, Fannie and Freddie struggled to reach out to the affordable marketplace but by then, subprime lenders had seized the market by offering borrowers mortgages with little or no underwriting requirements. As a result, the markets were less receptive to Fannie and Freddie’s loan products, preferring mortgages that in many cases proved irresponsible.

It’s also important to note that despite the downturn of the subprime market, 92 percent of all mortgages are being paid on time. Many of these previously underserved homeowners will remain homeowners today precisely because of these affordable housing goals, a point lost in the pages of the Washington Post.

On a related point, this Administration has long supported legislation to create a stronger, world-class regulator of Fannie and Freddie, and urges Congress to complete its work on this important bipartisan bill.

In conclusion, both Congress and HUD have long believed it is good policy to encourage Fannie and Freddie, as part of their public mission, to focus on underserved borrowers who were often shut out of homeownership. It’s disingenuous in the extreme to think that HUD’s policies in this area somehow aided and abetted the current subprime market situation. Markets are motivated by profit, period. When lenders and brokers opt to promote risky loan products based on poor underwriting, they do so at their own risk. If Freddie Mac and Fannie Mae are holding securities backed by these loans, it is because they were attracted to their yields and not because of a public policy designed to promote affordable homeownership.

For a copy of the Washington Post article, please click here.

For a copy of HUD’s press release, please click here.

 

OCC Concerned about Agreement between NY-AG, OFHEO, Fannie and Freddie

In a letter to the Office of Federal Housing Enterprise Oversight, the Office of the Comptroller of the Currency has expressed ”substantial concerns” regarding certain appraisal related agreements and a code of conduct agreed to by OFHEO, the Attorney General of the State of New York, Fannie Mae and Freddie Mac.

The OCC’s concerns relate to unintended adverse consequences of the Agreements and Code for the safety, soundness and efficient operation of national banks’ residential mortgage lending activities and the cost of credit to consumers.

The OCC says that it “strongly endorses” the principle that appraisers must be free from coercion or influence.  This objective should be achieved, however, through direct regulation.  The goal should not be sought indirectly by dictating the corporate and internal organizational structures of lenders.

The OCC then goes on to say that the Agreements and Code conflict with the approach set forth by Congress and have “significant, unintended negative consequences for lenders and borrowers, and . . . major legal flaws.”

The OCC provides its rationale and objections at length in the 12-page letter.

For a full copy of the letter, click here.

House to Consider Housing Rescued and Foreclosure Prevention Act

The House Committee on Financial Services has issued a press release indicating will consider amendments to House Bill 3221, which the Senate amended and passed.

The press release notes there are two House amendments proposed. 

The first proposed House amendment contains the following features, as described by the Committee:

Title I - The FHA Housing Stabilization and Homeownership Retention Act.   Creates a voluntary FHA program to provide mortgage refinancing assistance to allow families to stay in their homes, protect neighborhoods, and help stabilize the housing market.

Title II – FHA Modernization [Includes permanent increase in FHA loan limits, including for reverse mortgages, increases the maximum loan term from 35 to 40 years, and makes other changes.]

Title III - Government Sponsored Enterprise (GSE) Reform.  Includes the House-passed bill to reform prudential and mission oversight of Fannie Mae, Freddie Mac, and the 12 Federal Home Loan Banks (the “GSEs”).

Title IV – Castle/Kanjorski Facilitation of Loan Modifications.  HR 5579, The Emergency Loan Modification Act of 2008, adopted by the Financial Services Committee on April 23, 2008

Title V – Miscellaneous Housing Provisions  [Includes certain protection against discrimination for veterans but also includes targeted funds for certain Congressional pet projects]

Title VI - The Housing Assistance Authorization Act [Authorizes funds for the National Urban League, the LaRaza Development Fund, the Housing Partnership Network and the National Community Renaissance Program ($5 million each in 2008 and $10 million in 2009 and 2010) for technical and financial assistance for community and affordable housing development, serving low- and moderate income households.]

The  second House proposed amendment is the proposed Brad Miller-LaTourette amendment.

The press release states that this second amendment:

Affirms the right of states to prevent abusive foreclosure practices and to establish rules concerning the foreclosure process by clarifying that this Act, the National Bank Act and the Home Owner’s Loan Act do not preempt state laws regulating the foreclosure of residential real property or the treatment of foreclosed property.

Pieces of the first amendment are opposed by the mortgage banking industry, while other pieces are supported.  The second amendment is generally viewed as widely opposed by members in the mortgage banking industry.  The industry seeks a unified consumer-protection standard across the country to ease the current piece-meal burden of complying with 50+ different and sometimes conflicting laws and interpretations of the various states and DC.

 Stay tuned . . .

Federal Regulators Testify on FHA Expansion

The Comptroller of the Currency, John C. Dugan, and Governor Randall S. Krozner of the Board of Governors of the Federal Reserve, among others, today testified before the House Committee on Financial Services regarding the ”Federal Housing Administration Housing Stabilization and Homeownership Retention Act of 2008.”

The bill was announced by Chairman of the House Committee on March 13. 

According to an OCC press release, the Comptroller told the Committee that the proposal “could provide another possible tool for helping banks avoid larger losses from foreclosure without raising significant safety and soundness issues.”

Boiled down, the press release noted, the voluntary proposal has three elements.  “First, if the borrower and mortgage holder agreed and the borrower met certain criteria, the mortgage holder would reduce the principal to an amount that the borrower could afford.  Second, the mortgage holder would accept a corresponding loss.  Third, the mortgage would be refinanced into a new FHA-insured mortgage product at the lower amount.”

The Comptroller noted that the voluntary nature of the program should keep safety and soundness considerations should be manageable.

Governor Krozner’s testimony provided insight to the Fed’s view on the complicated housing picture and the difficulties underlying some of the proposed solutions.  Mr. Krozner summed up by saying:

FHA modernization and GSE reform are needed to address the ongoing shortcomings of current mortgage-oriented government initiatives. In addition, the GSEs should be strongly encouraged to raise additional capital so that they can fulfill the expanded role that the Congress has recently extended to them.

Separately, the Congress should carefully evaluate whether to take additional actions to reduce the rate of preventable foreclosures. Properly designed, such steps could promote economic stability for households, neighborhoods, and the nation as a whole. Although lenders and servicers have scaled up their efforts and have adopted a wider variety of loss-mitigation techniques, more can, and should, be done.

The fact that many troubled borrowers have properties that are now worth less than the principal amounts remaining on their mortgages suggests that lenders and servicers should give greater consideration to the use of principal reductions as one of the loan modification options in their tool kit. Principal write-downs would be facilitated by providing the FHA the flexibility to insure a broad range of refinancing products for a larger number of at-risk borrowers, including products that offer borrowers an affordable, restructured mortgage if their lender voluntarily agrees to write-down the principal amount of the borrower’s mortgage. The voluntary nature of the program assures that only borrowers who the servicer or lender believes cannot successfully carry their current mortgage contract would be considered for such a program. If the Congress decides to move down this road, it should carefully consider the steps that should be taken to mitigate moral hazard, avoid adverse selection, and ensure that the financial interests of the taxpayer are adequately safeguarded.

For the House Committee’s press release summarizing the proposal, click here

For a copy of the discussion draft of the bill proposed by the House Committee, click here.

Click here for a copy of the OCC’s press release regarding the Comptroller’s testimony.

Click here for a copy of Governor Krozner’s prepared remarks.