June 26, 2015
Friday’s Government Reports
- Consumer Financial Protection Bureau (“CFPB”) announces access to the consumer complaint database where users can read consumer narratives and download complaint data as desired. The CFPB describes it as an enhanced public-facing consumer complaint database, which includes for the first time over 7,700 consumer accounts of problems they are facing with financial services providers – including mortgages, bank accounts, credit cards, debt collection, etc.
- U.S. Department of Housing and Urban Development’s (HUD) Semi-Annual Report to Congress (SAR) for the period ending March 31, 2015 – In which it details how: $1.2 billion in funds put to better use; more than $1.7 billion in questioned costs; and more than $457 million in collections through 38 audit reports were reported. HUD also reported more than $38 million in recoveries.
- HUD’s Policy Development and Research Division (PD&R) publishes reports every quarter profiling 12-15 housing markets, the latest batch includes, amoung others: Denver-Aurora-Lakewood, Colorado; Savannah, Georgia; and Spokane, Washington.
June 26, 2015 | Permalink | No Comments
June 25, 2015
SCOTUS Upholds Disparate Impact
Texas Department of Housing and Community Affairs
The United States Supreme Court held today that disparate-impact claims are cognizable under the Fair Housing Act in Texas Department of Housing and Community Affairs et al. v. The Inclusive Communities Project Inc., (No 13-1371). The conventional wisdom had been that the Court was going to hold that the Fair Housing Act “does not create disparate-impact liability” (in the words of Justice Alito’s dissent at page 2).
I found it striking the extent to which Justice Kennedy’s opinion, which was joined by Justices Ginsburg, Breyer, Sotomayor and Kagan, relied on the history of residential segregation in the United States. For those of us steeped in the history of housing in America, this history is pretty much standard, but it takes on a lot of meaning when it is restated in a Supreme Court opinion. The opinion reads,
De jure residential segregation by race was declared unconstitutional almost a century ago, but its vestiges remain today, intertwined with the country’s economic and social life. Some segregated housing patterns can be traced to conditions that arose in the mid-20th century. Rapid urbanization, concomitant with the rise of suburban developments accessible by car, led many white families to leave the inner cities. This often left minority families concentrated in the center of the Nation’s cities. During this time, various practices were followed, sometimes with governmental support, to encourage and maintain the separation of the races: Racially restrictive covenants prevented the conveyance of property to minorities; steering by real-estate agents led potential buyers to consider homes in racially homogenous areas; and discriminatory lending practices, often referred to as redlining, precluded minority families from purchasing homes in affluent areas. By the 1960’s, these policies, practices, and prejudices had created many predominantly black inner cities surrounded by mostly white suburbs.
The mid-1960’s was a period of considerable social unrest; and, in response, President Lyndon Johnson established the National Advisory Commission on Civil Disorders, commonly known as the Kerner Commission. After extensive factfinding the Commission identified residential segregation and unequal housing and economic conditions in the inner cities as significant, underlying causes of the social unrest. The Commission found that “[n]early two-thirds of all nonwhite families living in the central cities today live in neighborhoods marked by substandard housing and general urban blight.” The Commission further found that both open and covert racial discrimination prevented black families from obtaining better housing and moving to integrated communities. The Commission concluded that “[o]ur Nation is moving toward two societies, one black, one white— separate and unequal.” To reverse “[t]his deepening racial division,” it recommended enactment of “a comprehensive and enforceable open-occupancy law making it an offense to discriminate in the sale or rental of any housing . . . on the basis of race, creed, color, or national origin.”
In April 1968, Dr. Martin Luther King, Jr., was assassinated in Memphis, Tennessee, and the Nation faced a new urgency to resolve the social unrest in the inner cities. Congress responded by adopting the Kerner Commission’s recommendation and passing the Fair Housing Act. (5-6, citations omitted)
This straightforward acknowledgment of the history of racial discrimination in America may be the most powerful part of this opinion.
June 25, 2015 | Permalink | No Comments
Thursday’s Advocacy & Think Tank Round-Up
- Capital New York reports another study which finds that non-whites are at a disadvantage when it comes to securing a home loan, this is more pronounced in the conventional loan market (less so for FHA loans). Includes an interactive chart which breaks down the stats by borough.
- Harvard’s Joint Center for Housing Studies’ Annual State of the Nation’s Housing 2015 reveals historic lows in homeownership rates, and a corresponding “rental boom,” a shortage in supply for single family dwellings, and an increasingly severe rental affordability problem.
- National Association of Realtors’ release of Existing Home Sales statistics for May reveal a strong rebound over April, in fact sales are strongest they have been in 6 years, with first time homebuyers making up the biggest portion of buyers.
- NYU Furman Center’s new working paper – Utility Allowances in Federally Subsidized Multifamily Housing – advocates four policy changes which would help HUD increase energy efficiency in the properties it subsidizes. These include, 1. Incentivizing owners to switch to individually metered units; 2. Incentivizing owners to make energy saving upgrades; 3. Provision of utility allowances that are affordable but make recipients bear the cost of consumption; 4. Provide information about relative utility costs to increase tenant purchasing power.
June 25, 2015 | Permalink | No Comments
June 24, 2015
High Risk at Fannie and Freddie
FHFA Director Watt
The Federal Housing Finance Agency released its 2014 Report to Congress. It summarizes many interim reports and press releases that were released over the previous year, many of which have been covered by REFinBlog as they came out. I was struck, however, by the passages about the operational risk that Fannie and Freddie face. I have been concerned with operational risk at Fannie and Freddie for some time, as the two enterprises have languished in conservatorship limbo for far too long.
The Report of the Annual Examination of Fannie Mae states that
The level of operational risk remains high and largely reflects the risk posed by execution of Fannie Mae’s strategic plan to replace its existing information technology infrastructure. Management has made significant progress in stabilizing the current information technology environment, with improvements in the change management process and reductions in production outages. Further, progress was made in establishing an out-of-region data center that is a critical component for supporting information systems and providing for business continuity in the event of a disaster. As Fannie Mae implements this plan, however, the level of operational risk will remain elevated. Risks associated with the execution, deployment, and integration with the CSP [Common Securitization Platform] and the move to a Single Security, while addressing ongoing IT infrastructure issues, will also introduce a significant level of inherent operational risk to the organization. Effective project management will be critical to mitigate the operational risk arising from these efforts.(14, emphasis added)
The Report of the Annual Examination of Freddie Mac indicates that Freddie faces somewhat different operational risks:
Operational risk, including risks associated with information technology systems, remains a concern primarily because of resource requirements and operational complexities of major strategic initiatives (including integration with the CSP), developing information security and privacy protection capabilities, and heightened risk during the transition to the new risk management structure.
Information security is one of the primary operational risks Freddie Mac faces given the proliferation of cyber crimes and the high probability of new cyber attacks targeted at large organizations. Freddie Mac’s operational framework is highly complex. Information security within the Enterprise is more important than ever given the pervasiveness of cyber-related threats. In addition to external threats, Freddie Mac faces other challenges that may continue to elevate operational risk and increase the likelihood of significant operational incidents and losses. (17, emphasis added)
While neither of these passages is terrifying — as in, here-is-the-next-trigger-for-a-bailout terrifying — they do make me pause and ask whether the GSEs in their current form are up to the challenge of handling this period of “heightened risk.”
Those in Congress who are impeding GSE reform are on notice that Fannie and Freddie face high levels of operational risk. If the next crisis results from that risk, it is on them.
June 24, 2015 | Permalink | No Comments
Wednesday’s Academic Roundup
- House Price Impacts of Racial, Income, Education and Age Neighborhood Segregation, David M. Brasington, Diane Hite & Andres Jauregui, Journal of Regional Science, Vol. 55, Issue 3, pp. 442-467, 2015.
- Housing Price Collapse Worsens the Opportunities for Educational Attainment for the Young in Cities Nationwide, I-Ling Shen & James R. Barth, June 8, 2015.
- Pixelating Administrative Common Law in Mortgage Bankers, Kathryn E. Kovacs, 125 Yale L.J. F. 31 (2015).
June 24, 2015 | Permalink | No Comments
June 23, 2015
What’s Behind Rising Mortgage Bond Issuance?
GlobeSt.com quoted me in What Else Is Behind Rising Mortgage Bond Issuance, Demand?. It opens,
Investor demand for mortgage bonds, both that have agency backing and not, is quite high these days.
Last week Bloomberg reported that issuance of home-loan securities that don’t have government backing reached more than $32 billion this year, compared to $18 billion a year ago, citing data compiled by Bloomberg and Bank of America Corp. These securities include rental-home bonds, a relatively new asset class that developed after the recession.
Agency and GSE securities are also in high demand, as a recent report from the Mortgage Bankers Association indicates. The level of commercial/multifamily mortgage debt outstanding increased by $40.4 billion in the first quarter of 2015 — a 1.5% increase over the fourth quarter of 2014. Said Jamie Woodwell, MBA’s Vice President of Commercial Real Estate Research with the report’s release: “Multifamily mortgages continued to grow even more quickly than the market as a whole, with banks increasing their portfolios by $8 billion and agency and GSE portfolios and MBS increasing their holdings by $10 billion.”
There are a number of economic-based drivers behind the demand for mortgage bonds of course: the fundamentals in the real estate space and the low interest rates that have driven investors to consider all manner of securities to eek out yield.
However, there is another possibility to consider as well and that is that the changing financial regulations are driving both issuance and investment.
On one hand, mortgages and private-label mortgage backed securities are much more regulated per Dodd-Frank and its Qualified Mortgage and Qualified Residential Mortgage rules, according to David Reiss, professor of Law and research director of the Center for Urban Business Entrepreneurship (CUBE) at Brooklyn Law School. On the other, post-crisis rules put in place for mortgage bonds have made these securities far more attractive for banks to hold as various news reports suggest.
For example, new rules have made ratings on mortgage bonds less crucial, allowing US lenders to use an alternative approach to calculating capital requirements, according to another recent article in Bloomberg. In essence, these rules allow lenders to reduce the amount needed for junk-rated mortgage bonds that are trading at discounts.
In addition, banks are finding that “treasury debt and MBS pass-throughs meet regulators’ standards much more easily than other assets”, according to a report by Deutsche Bank analysts Steven Abrahams and Christopher Helwig, per a third recent article in Bloomberg.
Two Opinions
With these facts in mind we turned to two experts to see how much of an impact new regulations are having. As it turned out, they are driving some of the change – but what is actually moving the needle in terms of demand is yet another trend. Read on.
For starters, there are some caveats. It can be misleading to throw the new rental home bonds in the mix in such a comparison, Reiss tells GlobeSt.com. “They are a post-crisis product when Wall Street firms saw that single-family housing prices were so low that they could make money from buying them up in bulk and then renting them out,” he says.
“They are not regulated in the same way as private-label MBS.”
Meanwhile issuers are still navigating Dodd-Frank’s Qualified Mortgage and Qualified Residential Mortgage rules, he says. They “are still trying to figure out how to operate within these rules — and outside of them, with the origination of non-QM mortgages. The market is still in transition with these products.”
As he sees it, the surge in issuance is a reflection of market players trying to understand how to operate in a new regulatory environment. They “are increasing their issuances as they get a better sense of how to do so.”
June 23, 2015 | Permalink | No Comments
Tuesday’s Regulatory & Legislative Round-Up
- U.S. Department of Housing and Urban Development (HUD) is proposing policy changes to improve access to low-poverty neighborhoods – recent research (summarized here) indicates that place has a lot to do with educational attainment and earning power throughout life. HUD’s housing choice voucher program is proposing new rules that will increase access to lower poverty neighborhoods by allowing higher fair market rent calculations.
June 23, 2015 | Permalink | No Comments
