November 17, 2015
Tuesday’s Regulatory & Legislative Round-Up
- The Federal Housing Administration (FHA) has announced relaxed requirements, effective immediately, for condominium project approval. The move is intended to increase options for affordable housing for 1st time and low income homebuyers. Among the changes are streamlining project recertification, expanding the definition of owner occupancy, and expansion of the eligible condominium project insurance coverage.
- The Federal Housing Finance Agency (FHFA) has released its 2015 Annual Performance and Accountability Report which describes its regulatory activities with regard to the Federal Home Loan Bank and as conservator of Fannie Mae and Freddie Mac
November 17, 2015 | Permalink | No Comments
November 16, 2015
FHA’s Clean Bill of Health
HUD Secretary Julián Castro
The Federal Housing Administration released its Annual Report to Congress on the Financial Status of the FHA Mutual Mortgage Insurance Fund. The MMIF covers the lion’s share of the FHA’s mortgage insurance obligations. In his forward to the report, HUD Secretary Castro focused on the achievement of two goals, the MMIF has “reached its congressionally mandated capital ratio” and it “reduced its annual mortgage insurance premium” which “opened the doors for tens of thousands of Americans to become homeowners or to refinance into a more affordable loan.” (2) Some commentators had been critical of lowering the premium before the MMIF reached its mandated capital ratio, but all’s well that ends well, or so it seems.
I was particularly struck by the key characteristics of FY 2015 FHA borrowers:
- The average credit score for all FHA endorsements was 680, and the average loan size was $190,928 for all mortgages, and $186,176 for purchase mortgages.
- 82 percent of FHA purchase loans (614,148 loans) were for first-time homebuyers.
- In calendar year (CY) 2014, FHA provided financing for 43 percent of all African-American borrowers, and 44 percent of all Hispanic borrowers. In contrast, in CY 2014, FHA represented just 21 percent of the total purchase market.
- African-American borrowers represented 10.4 percent of total FHA endorsements in FY 2015; Hispanic borrowers represented 17.4 percent of total FHA endorsements in the same period.
- FHA assisted more than 57,990 senior households to age in place through the Home Equity Conversion Mortgage (HECM) [reverse mortgage] program.
- At the state level, during CY 2014, FHA-insured loans represented at least 20 percent of all purchase activity in 32 states. In 12 states and Puerto Rico, FHA-insured lending represented a quarter of all 2014 purchase lending. Nevada, Puerto Rico, and Arizona had the highest proportion of FHA purchase activity in 2014, with FHA-insured loans representing 34 percent, 33 percent, and 31 percent of all purchase loans in those areas, respectively. Arizona and Nevada were particularly hard hit by the housing crisis, and FHA has played an important role in the recovery in those states. (6-7)
The FHA had an outsized role for the entire country after the financial crisis and it is still having an outsized role in many ways for many communities. The big issue going forward is whether the FHA will further lower its premiums in an attempt to reach more borrowers and if it can do so in a fiscally responsible manner.
November 16, 2015 | Permalink | No Comments
Monday’s Adjudication Roundup
- Following SCOTUS’s March Omnicare decision, a pension fund is claiming that the Second Circuit failed to take into account said decision in failing to revive Bank of America mortgage suit. The plaintiff requests SCOTUS’s review.
- U.S. District Court judge dismisses whistleblower suit against CitiMortgage where ex-VP claimed the bank engaged in reckless lending practice and made false claims.
- NY appellate court will not revive suit against Morgan Stanley and UBS for misrepresentation of $665 million in residential mortgage-backed securities.
November 16, 2015 | Permalink | No Comments
November 13, 2015
Fannie, Freddie & The Affordable Housing Feint
Robert J. Shapiro
Elaine C. Kamarck
Robert J. Shapiro and Elaine C. Kamarck have posted A Strategy to Promote Affordable Housing for All Americans By Recapitalizing Fannie Mae and Freddie Mac. While it presents as a plan to fund affordable housing, the biggest winners would be speculators who bought up shares of Fannie and Freddie stock and who may end up with nothing if a plan like this is not adopted. The Executive Summary states that
This study presents a strategy for ending the current conservatorship and majority government ownership of Fannie and Freddie in a way that will enable them, once again, to effectively promote greater homeownership by average Americans and greater access to affordable housing by low-income households. This strategy includes regulation of both enterprises to prevent a recurrence of their effective insolvency in 2008 and the associated bailouts, including 4.0% capital reserves, regular financial monitoring, examinations and risk assessments by the Federal Housing Finance Agency (FHFA), as dictated by HERA. Notably, an internal Treasury analysis in 2011 recommended capital requirements, consistent with the Basel III accords, of 3.0% to 4.0%. In addition, the President should name a substantial share of the boards of both enterprises, to act as public interest directors. The strategy has four basic elements to ensure that Fannie and Freddie can rebuild the capital required to responsibly carry out their basic missions, absorb losses from future housing downturns, and expand their efforts to support access to affordable housing for all households:
- In recognition of Fannie and Freddie’s repayments to the Treasury of $239 billion, some $50 billion more than they received in bailout payments, the Treasury would write off any remaining balance owed by the enterprises under the “Preferred Stock Purchase Agreements” (PSPAs).
- The Treasury also would end its quarterly claim or “sweep” of the profits earned by Fannie and Freddie, so their future retained earnings can be used to build their capital reserves.
- Fannie and Freddie also should raise roughly $100 billion in additional capital through several rounds of new common stock sales into the market.
- The Treasury should transfer its warrants for 79.9% of Fannie and Freddie’s current common shares to the HTF [Housing Trust Fund] and the CMF [Capital Magnet Fund], which could sell the shares in a series of secondary stock offerings and use the proceeds, estimated at $100 billion, to endow their efforts to expand access to affordable housing for even very low-income households.
Under this strategy, Fannie and Freddie could once again ensure the liquidity and stability of U.S. housing markets, under prudent financial constraints and less exposure to the risks of mortgage defaults. The strategy would dilute the common shares holdings of current private investors from 20% to 10%, while increasing their value as Fannie and Freddie restore and claim their profitability. Finally, the strategy would establish very substantial support through the HTF and CPM for state programs that increase access to affordable rental housing by very low-income American and affordable home ownership by low-to-moderate income households.
Wow — there is a lot that is very bad about this plan. Where to begin? First, we would return to the same public/private hybrid model for Fannie and Freddie that got us into so much trouble to begin with.
Second, it would it would reward speculators in Fannie and Freddie stock. That is not terrible in itself, but the question would be — why would you want to? The reason given here would be to put a massive amount of money into affordable housing. That seems like a good rationale, until you realize that that money would just be an accounting move from one federal government account to another. It does not expand the pie, it just makes one slice bigger and one slice smaller. This is a good way to get buy-in from some constituencies in the housing industry, but from a broader public policy perspective, it is just a shuffling around of resources.
There’s more to say, but this blog post has gone on long enough. Fannie and Freddie need to be reformed, but this is not the way to do it.
November 13, 2015 | Permalink | No Comments
Friday’s Government Reports
- The Federal Housing Finance Agency (FHFA) announced that it plans to expand the Neighborhood Stabilization Initiative into 18 additional Metropolitan areas -the program gives community organizations an “advanced first look” opportunity to purchase foreclosed Fannie Mae and Freddie Mac properties, before they are offered to the general public. This interactive map provides more detail about the 18 Metropolitan areas targeted by the program.
- FHFA has also released it’s Annual Housing Report for the 2014 activities of Fannie Mae & Freddie Mac – in 2014 they acquired $584 billion of loans on single-family owner-occupied housing and provided funding for 738,466 multifamily rental units in 2014.
- U.S. Department of Housing and Urban Development (HUD) releases it’s 50th Anniversary Commemorative Book, in which NYU’s Furman Center Contributes a chapter, Race, Poverty & Federal Rental Housing Policy discussing the key goals of the agency, evaluating its progress and identifying “key tensions running through its work.” In another Chapter, Housing Finance in Retrospective authors Wachter & Acolin trace the impact of HUD on the U.S. market.
November 13, 2015 | Permalink | No Comments
Thursday’s Advocacy & Think Tank Round-Up
- The Center on Budget and Policy Priorities has released a report Realizing the Housing Voucher Program’s Potential to Enable Families to Move to Better Neighborhoods in which it recommends key changes which would lead to long term upward mobility for families using housing vouchers – chief among their goals is encouraging recipients relocation to lower poverty neighborhoods.
- Corelogic’s September 2015 National Foreclosure Report in which it finds the number of foreclosures down 1.3% since August, and foreclosure inventory is down 23.4% since September 2014.
- The Mercatus Center at George Mason University’s How Land Use Regulation Undermines Affordable Housing concludes that most regulation lead to higher costs (over free market prices) which disproportionately accrues to lower income citizens.
- Seeking Alpha blogger proposes that rather than a QE4 the Fed should arrange Student Loan Property Bond to restore growth. This is how it would work: “The Fed would convert that loan into a Property Bond that pays off the $29,000 loan and advances an additional $29,000 to the student for the home deposit in return for taking a 10% stake in the acquired property. There would be no dividend attached to the Property Bond – the Fed’s return would come from the home price appreciation… The main owner of the property could later choose when the Fed realizes [sic] its return – it could be at the sale of the first home or rolled over onto subsequent purchases until, ultimately, the death of the main owner.”
November 12, 2015 | Permalink | No Comments
November 12, 2015
RMBS 3.0 and the Public Good
By David Reiss
The Structured Finance Industry Group has issued RMBS 3.0: A Comprehensive Set of Proposed Industry Standards to Promote Growth in the Private Label Securities Market. RMBS 3.0 is SFIG’s initiative to reinvigorate the “private label” residential mortgage-backed securities (“RMBS”) market:
In order to improve the RMBS market as the industry moves beyond the legacy of the housing crisis, members must tackle the difficult but critical task of creating standardized representations, warranties and repurchase enforcement mechanisms, and address other integral parts of the RMBS issuance process.
Post-crisis, a very small “RMBS 2.0” market has emerged. A review of RMBS 2.0 practices indicates that post-crisis transactions have utilized varying approaches as investors and issuers continue to explore how to best design the structural elements of an RMBS transaction. In a number of cases, divergence among the various approaches has significantly influenced rating agency decisions and limited investor participation. Most industry participants seem to believe that, without a targeted effort at establishing generally accepted best practices, the RMBS market will continue to reflect disparate standards. (1)
In particular,
By identifying, analyzing, explaining and creating solutions for the legal, operational and risk-related issues that concern post-crisis RMBS industry participants, and presenting the work in a centralized, user-friendly manner, RMBS 3.0 seeks to:
1. Create standardization where possible, in a manner that reflects widely agreed upon best practices and procedures.
2. Clarify differences in alternative standards in a centralized and easily comprehendible manner to improve transparency across RMBS transactions.
3. Develop new solutions to the challenges that impede the emergence of a sustainable, scalable and fluid post-crisis RMBS market.
4. Draft or endorse model contractual provisions, or alternative “benchmark” structural approaches, where appropriate to reflect the foregoing.
While SFIG cannot create legally enforceable standards, we strongly believe that the adoption of a set of common standards that are driven by industry participants will be more successful than those dictated by regulation. The project also aims for increased transparency in the practices of participating members. Accordingly, we encourage issuers to either adopt one or more of the “alternative benchmark” RMBS 3.0 standards or utilize alternative approaches in a manner that increases transparency and promotes a better functioning marketplace. (1-2)
Given the rotten state of the private label market, this is an important attempt at self-regulation by this trade group. The push for transparency is, of course, important for investors. They must have confidence in what they are buying if the RMBS market is to grow.
But these decisions will also have impacts on homeowners. For instance, the scope of “materiality” in the context of a fraud representation could impact lender behavior at origination. The public does not have an opportunity to provide input on these model representations. Perhaps it should.
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November 12, 2015 | Permalink | No Comments