Housing Finance Reform and Taxpayer Protection Act Archives

Earlier this year, President Trump released a memorandum indicating the need to reform the current structure of housing finance. Although some believe this initiative is a distraction, the reality is that housing finance reform has been in the government sights for years. In fact, the current state of mortgage markets was only meant to be a temporary fix after the financial crisis of 2007.

Housing finance reform has been a popular political subject for years. Even before the financial crisis that resulted in the Great Recession, housing finance reform was front and center as a means to increase homeownership. However, it wasn’t until after the financial crisis that touched off in late 2007 that Congress saw the need to make immediate major reforms to the mortgage industry. Although a strategy was mapped out, not everyone agreed on the plan.

One of the first steps taken by Congress was passing the bipartisan Housing and Economic Recovery Act of 2008 (HERA). The purpose of HERA was to be a comprehensive attempt addressing the identified problems and concerns (at that time) that caused the financial crisis. HERA created the Federal Housing Finance Agency (FHFA) to provide oversight of the Government Sponsored Entities (GSE). Among the goals set by HERA was to “modernize” FHA and reduce Fannie and Freddie’s role in mortgage markets. The fate of Fannie and Freddie has been debated ever since.

The subsequent government takeover of Fannie and Freddie all but froze out any private participation in the mortgage markets. A 2010 CBO report indicated that 90 percent of all mortgages were owned by Fannie Mae, Freddie Mac, and Ginnie Mae. Some estimate government’s involvement has been much higher when including FHA and VA loans.

Fast forward to March 27^th 2019, when President Trump issued a memorandum on the urgency of housing finance reform. Although the memorandum provides a rationale to change the system, the timing couldn’t be any more ideal (to help a seemingly plateaued housing market). The President’s push for reform acknowledges the dominant role of the GSE in mortgage markets without much competition from the private sector. The plan is to reduce taxpayer risk by expanding the private sector’s role. Furthermore, the goal is to “modernize government housing programs, and make sustainable home ownership for American families [our] benchmark of success.”

On September 5^th, the Treasury Department submitted its plan on housing finance reform. The pan, as described by a Treasury press release (Treasury Department Submits Housing Reform Plan to President; treasury.gov) “includes nearly 50 recommended legislative and administrative reforms to define a limited role for the Federal Government in the housing finance system, enhance taxpayer protections against future bailouts, and promote competition in the housing finance system.”

Although the result of HERA was a government monopolized housing finance industry, it was not the intention. Housing finance reform means returning to a competitive market that includes the private sector. However, it does not imply the end to government participation. Prior to the financial crisis, the competitive mortgage industry helped a record number of home buyers achieve homeownership. Reforming housing finance markets is key in returning to a stable and reliable housing market across all sectors and price points. Housing finance reform will increase homeownership opportunities for those who have struggled with the prospect of buying a home. And of course, home sellers will benefit from increasing numbers of home buyers entering the housing market.

Original article is located at https://dankrell.com/blog/2019/10/07/housing-finance-reform-time/

By Dan Krell
Copyright© 2019

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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

A recent Housingwire report (housingwire.com; Senators launch bill to boost secondary mortgage market) described a bipartisan effort to modernize the government sponsored housing finance entities. The Senators’ plan will wind down Fannie Mae and Freddie Mac and replace them with one government “guarantor,” which is to be called the Federal Mortgage Insurance Corp.

This bipartisan effort is the latest in a succession of moves to repair and improve the nation’s housing finance markets, which began with the Housing and Economic Recovery Act of 2008 (HERA). HERA was comprehensive legislation that was intended to address issues that caused or resulted from the financial crisis. Besides focusing on modernizing FHA, HERA also set its sights on Fannie and Freddie by creating the Federal Housing Finance Agency (FHFA) to oversee the Government Sponsored Entities (GSE) and possibly reducing Fannie and Freddie’s role in the housing industry.

Although FHFA acted as “conservator” for Fannie and Freddie because of capitalization problems, poor financial performance and deteriorating market conditions; the role was intended to be temporary. The oversight agency provided guidance in increasing liquidity so Fannie and Freddie would become streamlined and profitable. Since FHFA took control, experts have speculated on the fates of the mortgage giants; some articulated an eventual shut down of Fannie and Freddie, while others described a modified role in housing finance.

For those not plugged into the industry, the replacement of the GSEs might be a surprise. However, Housingwire reported in April (FHFA gears up for single GSE securitization platform) of FHFA’s initial plan to reduce Fannie and Freddie’s mortgage backed securities holdings. The idea was to create a new single entity to facilitate the reduction of the GSEs secondary market involvement so as to increase private capital participation.

A June 25^th press release quoted Senator Bob Corker (R-TN) (corker.senate.gov) as saying, “Five years after the financial crisis, it is past time for us to modernize our unstable system of housing finance”… “The framework we’re presenting here will protect taxpayers while maintaining market liquidity, and is the best opportunity we’ll have to finally move beyond the failed GSE model of private gains and public losses.”

Because there has not been much reform to housing finance since the financial crisis, the proposed legislation was crafted in response to the consequences of a $188 million Fannie and Freddie bailout. The bailout resulted in a mortgage market where “nearly every loan made in America today comes with a full government guarantee,” and that private capital has all but disappeared from the mortgage secondary markets.

Co-sponsor Senator Mark Warner (D-VA) was quoted to say, ““Housing finance is the last piece of unfinished business remaining after the 2008 economic meltdown” …“We have designed thoughtful reforms that will protect taxpayers from future downturns while responsibly preserving the availability of the 30-year fixed-rate mortgage for homebuyers. We believe the housing market is ready for reforms like this, and that the private sector has been waiting for new rules of the road.”

Besides having the intention of protecting taxpayers from future bailouts, the Housing Finance Reform and Taxpayer Protection Act (S. 1217) is intended (among other purposes) to “wind down” within five years the FHFA, Fannie Mae, and Freddie Mac; “ensure that lending institutions of all sizes have access to the secondary markets;” and “transfer duties and functions” to a new entity – the Federal Mortgage Insurance Corporation (FMIC).

By Dan Krell
Copyright © 2013

This article is not intended to provide nor should it be relied upon for legal and financial advice. Using this article without permission is a violation of copyright laws.

Tag: Housing Finance Reform and Taxpayer Protection Act

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