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Posted by on July 18, 2013

“Fannie Mae will never impose a cost on the American taxpayer…” – James A. Johnson, Chief Executive Officer of Fannie Mae, testifying before the House of Representatives, April 17, 1996 

“Under the direction of James A. Johnson, Fannie Mae’s calculating and politically connected chief executive, the company capitalized on its government ties, building itself into the largest and most powerful financial institution in the world. In 2008, however, the colossus would fail, requiring hundreds of billions in taxpayer backing to keep it afloat.  Fannie Mae became the quintessential example of a company whose risk taking allowed its executives to amass great wealth.  But when those gambles went awry, the taxpayers had to foot the bill.” – Reckless Endangerment, published in 2011

Few issues have united Americans quite like the outrage at taxpayer-funded bailouts – and rightfully so.

Hardworking taxpayers should never forget:  The nearly $200 billion bailout of Fannie Mae and Freddie Mac is the biggest, costliest taxpayer-funded bailout in history

Nor should taxpayers ever forget that Fannie and Freddie were at the epicenter of the financial crisis that destroyed millions of jobs

 
In 2008, more than 70% of subprime and other low-quality mortgages were on the books of the federal government, primarily the “Government Sponsored Enterprises” Fannie Mae and Freddie Mac.  The GSEs bought these riskier mortgages to meet the politically-motivated “affordable housing goals” that Congress assigned to them.  As Peter Wallison, who served as on the Financial Crisis Inquiry Commission, said, when these mortgages defaulted, they drove down housing prices, weakened most large financial institutions and caused the financial crisis.

While Fannie and Freddie’s role in the financial crisis is widely acknowledged, what some may have forgotten is how rank cronyism, Enron-style accounting and outright financial fraud made these GSEs so powerful and unaccountable that they were able to wreck our economy.

Beginning in the late 1990s, executive pay at Fannie Mae and Freddie Mac became tied almost solely to earnings growth.  So in order to trigger maximum bonus payouts for themselves, top management at the firms cooked the books to make it appear the companies were producing enough corporate earnings.

And meeting the “affordable housing” goals mandated by Congress also enabled these executives “to keep their lush government perks and pay packages.”  (See Reckless Endangerment, Pg. 247)

When the fraud was finally detected, the Office of Federal Housing Enterprise Oversight (OFHEO) issued a scathing report calling the corporate culture created by the executives “unethical.” The report noted:

 
"Senior management manipulated accounting; reaped maximum, undeserved bonuses; and prevented the rest of the world from knowing."

"The combination of earnings manipulation, mismanagement and unconstrained growth resulted in an estimated $10.6 billion of losses, well over a billion dollars in expenses to fix the problems, and ill-gotten bonuses in the hundreds of millions of dollars."

"As a government-sponsored enterprise, Fannie Mae has a unique position among American corporations ... It is also the second largest borrower in the world, only behind the U.S. government. As such, Fannie Mae has a special mandate and position of public trust. The previous management team violated that trust and did serious harm to Fannie Mae." (OFHEO Report: "Fannie Mae Facade," 5/23/06)

OFHEO issued a separate report detailing numerous examples of improper accounting practices at Freddie Mac and pointed to improper trades designed to mislead investors and trigger big bonuses for top executives.  The report noted Freddie Mac executives had an “obsession” with earnings growth that came “at the expense of proper accounting policies and strong accounting controls.”

The PATH Act (Protecting American Taxpayers and Homeowners) makes sure this never happens again. 

Under the PATH Act, Americans will have a sustainable housing finance system that works for the 21st century. 

The PATH Act includes major reforms to fix the broken GSE model that hurt our economy, including reforms that:

  • End the taxpayer-funded bailout of Fannie Mae and Freddie Mac
  • Put these corruption-plagued enterprises on the road to extinction within five years
  • Repeal Fannie and Freddie’s misguided affordable housing mandate
  • Liquidate the GSEs and sells off any remaining assets

Unless we take bold and decisive action, Americans will never have the sustainable housing finance system they deserve.  Unless we take bold and decisive action, the GSEs will remain a threat to our economy.  The PATH Act is our opportunity to end the bailout, end the troubled and costly GSEs, and build a housing finance system that’s sustainable for home owners, respectful of hardworking taxpayers and built to last.

Posted by on July 17, 2013
UPDATE: After releasing details of the PATH Act, the full committee held a hearing entitled “A Legislative Proposal to Protect American Taxpayers and Homeowners by Creating a Sustainable Housing Finance System” on July 17, 2013, bringing the total to 12 hearing and more than 50 witnesses on this subject since January.

We've blogged before about the importance of holding in-depth hearings with leading experts and stakeholders before advancing important legislation. That's why we've held 11 hearings this year to gather a wide variety of ideas and opinions on how to best reform America's government-run housing finance system. 

The product of the hearings below is the PATH Act -- the Protecting American Taxpayers and Homeowners Act. We'll hold a full committee hearing on the PATH Act tomorrow at 1 p.m. but you can read the discussion draft (.pdf) as well as a section-by-section summary (.pdf) of the proposal in advance. 

  1. “Examining the Proper Role of the Federal Housing Administration in our Mortgage Insurance Market” (Full Committee on February 6, 2013 | What we learned)

  2. “Bailout, Bust, or Much Ado About Nothing?: A Look at the Federal Housing Administration’s 2012 Actuarial Report” (Full Committee on February 13, 2013 | What we learned)

  3. “Fannie Mae and Freddie Mac: How Government Housing Policy Failed Homeowners and Taxpayers and Led to the Financial Crisis” (Capital Markets & GSEs Subcommittee on March 6, 3013 | What we learned)

  4. “Mortgage Insurance: Comparing Private Sector and Government-Subsidized Approaches” (Housing & Insurance Subcommittee on March 13, 2013 | What we learned)

  5. “Sustainable Housing Finance: An Update from the Federal Housing Finance Agency on the GSE Conservatorships” (Full Committee on March 19, 2013 | What we learned)

  6. “Sustainable Housing Finance: Perspectives on Reforming the FHA” (Housing & Insurance Subcommittee on April 10, 2013 | What we learned)

  7. “Building a Sustainable Housing Finance System: Examining Regulatory Impediments to Private Investment Capital” (Full Committee on April 24, 2013 | What we learned)

  8. “Sustainable Housing Finance: The Government’s Role in Multifamily and Health Care Facilities Mortgage Insurance and Reverse Mortgages” (Housing & Insurance Subcommittee on May 16, 2013 | What we learned)

  9. “Qualified Mortgages: Examining the Impact of the Ability to Repay Rule” (Financial Institutions & Consumer Credit Subcommittee on May 21, 2013 | What we learned)

  10. “Beyond GSEs: Examples of Successful Housing Finance Models without Explicit Government Guarantees” (Full Committee on June 12, 2013 | What we learned)

  11. “Examining How the Dodd-Frank Act Hampers Home Ownership” (Financial Institutions & Consumer Credit Subcommittee on June 18, 2013 | What we learned)
Posted by on July 16, 2013
 

Housing & Insurance Subcommittee Chairman Randy Neugebauer talked about the Protecting American Taxpayers and Homeowners Act on Fox Business's The Willis Report yesterday evening.

He also spoke about the housing reform plan on KFYO’s Lubbock First News. The full committee will hold a hearing on the PATH Act discussion draft this Thursday at 1 p.m. 
Posted by on July 15, 2013
This week we'll hold two major full committee hearings. Be sure to check back here on the Bottom Line Blog -- and sign up for our email updates -- for more information throughout the week. 

Here's what's happening: 

On Wednesday, the full committee welcomes Federal Reserve Chairman Ben Bernanke at 10 a.m. for the July Humphrey-Hawkins hearing. The Fed Chief's testimony, as well as his accompanying semi-annual Monetary Policy Report, will be released at 8:30 a.m. on Wednesday by the Federal Reserve. This is a change from earlier practice when the testimony and report were not released until the scheduled start of the hearing.

On Thursday, the full committee meets again at 1 p.m. to review the discussion draft (.pdf) of the Protecting American Taxpayers and Homeowners (PATH) Act. Committee leaders released details of the PATH Act last week. The legislation would end the taxpayer bailout the GSEs, protect and reform the FHA, and create a sustainable housing finance system. 
Posted by on July 15, 2013

Leaders of the Financial Services Committee have proposed the PATH Act – the Protecting American Taxpayers and Homeowners Act (.pdf) – to create a sustainable housing finance system for the 21st century. The proposal:

  • Ends the taxpayer-funded bailout of Fannie Mae and Freddie Mac that has cost taxpayers nearly $200 billion – the largest bailout in history;
  • Increases competition by ending the federal government’s domination and control of the housing finance market; and
  • Gives consumers more choices in determining which mortgage best suits their needs.

The biggest myth we are hearing about the PATH Act is that it will make the 30-year fixed rate mortgage disappear. The 30-year fixed rate mortgage will continue to exist. The PATH Act won’t change that. 

First of all, Fannie Mae and Freddie Mac have never made a 30-year fixed rate mortgage to a borrower. Or any mortgage for that matter. Fannie and Freddie were not lenders, they only bought loans made by others. The terms of a mortgage are up to the homebuyer and the lender, and phasing out these taxpayer-supported government giants will do nothing to limit financing options – in fact, the proposal is designed to create more opportunities for more choices, including the 30-year fixed rate loan.

Secondly, 30-year fixed rate mortgages existed before the financial crisis without a government guarantee and they are being made today without a government guarantee. 
As Peter Wallison, co-director of Financial Policy Studies at the American Enterprise Institute, has noted (.pdf): 


“Many people who don't follow the financial markets might assume that lending money for that long a period at a fixed rate would be too risky for the private sector… However, anyone can prove this assumption is wrong, simply by going to Google and typing in "30-year jumbo fixed rate mortgage." The word "jumbo" is mortgage market jargon for loans that are too large to be bought by Fannie or Freddie, or insured by the Federal Housing Administration. That means a jumbo mortgage is not backed in any way by the government. Still, a Google search will return many offers of jumbo fixed rate loans.”


Additionally, nothing in this proposal will change the ability of qualified borrowers to receive a 30-year fixed rate mortgage through the Federal Housing Administration.  

And finally, is it really in the homebuyers’ best interest for the government to steer them into long term loans for homes they can’t afford to keep? As the acting director of the agency that oversees Fannie and Freddie, Ed DeMarco, explained in congressional testimony:


“One thing I would say about 30-year mortgages, it is not necessarily the best mortgage product for a homebuyer, especially a first-time homebuyer.  If you look at statistics and see that the first-time homebuyers in this country tend to own their first home for 4 years or for 5 years, it may not be the best for their circumstance if they buy that house with that kind of timeline, you know, is what they expect, there may be a different mortgage product in which they can build equity at a faster rate than a 30-year fixed rate mortgage.”    
  

The 30-year fixed rate mortgage will continue. The PATH Act won’t change that. What will change is this: Washington won’t steer homebuyers into products that they do not want and that cost more than they want to spend, and all Americans will benefit from a sustainable housing finance system that offers more choices and opportunities.

Posted by on July 14, 2013
 

Chairman Jeb Hensarling delivers this week's Sunday Video Message introducing the Protecting American Homeowners and Taxpayers Act, the PATH Act for short.
Posted by on July 13, 2013
Wall Street Journal: Housing Reform Breakout

The House GOP moves to revive the private home mortgage market. 

New York Times: Diverging Debate at Fed on When to End Stimulus

Federal Reserve Chairman Ben Bernanke said on Wednesday that the Fed was likely to extend the centerpiece of its campaign to bolster the economy — keeping short-term interest rates close to zero — even as it prepares to wind down another key stimulus program that faces mounting internal opposition.

Washington Examiner: Costs spiral for CFPB’s lavish new headquarters as Congress fumes

Renovation costs for the Consumer Financial Protection Bureau’s new headquarters building have doubled, soaring from $55 million to $95 million.  Such costs are at least twice the typical renovation expenses for the most luxurious commercial office space available in downtown Washington, DC, according to architectural experts.

Washington Post: Fed leaders knew they were blowing it at their last meeting, and other tidbits from the FOMC minutes

The Federal Reserve released minutes of its June 18-19 meeting Wednesday afternoon. You may remember the meeting itself as a humdinger. There was no substantive policy change, but the reaction to Chairman Bernanke’s press conference afterward, where he discussed the Fed’s likely pathway toward ending its program of quantitative easing, prompted a huge global selloff of stock and bond markets (and a week of Fed officials trying to walk back any perception that the Fed will be raising interest rates anytime soon).

CNBC: Mortgage Rates Rising, But There Are Plenty of Alternatives for Home Buyers

Rising rates are a worry: 30-year fixed rate mortgages have gone from 3.5 percent to about 4.5 percent in the past month. That's not great, but concerns that the housing recovery may be choked off by this is a bit premature.

Mercatus Center: Regulation, Growth and Labor Market Recovery

It has now been a full four years since the end of the Great Recession. Unfortunately, the US labor market is far from recovery. We are looking at a decade before the labor market is close to being fully recovered. Our primary focus should be on encouraging the economic growth that we need to push our labor market into full recovery mode.

BONUS -- Member Spotlight 

Crain’s Detroit Business: Easing the M&A deal: Bill would reduce fees

An article highlighting Rep. Bill Huizenga’s Small Business Mergers, Acquisitions, Sales and Brokerage Simplification Act of 2013 

Posted by on July 11, 2013
One perverse result of the financial crisis is that Washington has nationalized housing finance. Taxpayers guarantee about 85% of new mortgages, some $5.1 trillion in mortgage credit and growing. So it's a big and welcome political breakthrough that House Republicans are taking steps to protect taxpayers and restore some rationality to housing markets.

On Thursday, House Financial Services Chairman Jeb Hensarling unveiled legislation to close down Fannie Mae and Freddie Mac, add much-needed discipline to the Federal Housing Administration, and clear away regulatory barriers to more private housing capital. Much like Paul Ryan's Medicare reforms, Mr. Hensarling is widening the Washington debate and giving Republicans a sensible reform position to rally around.

The Texas Republican starts by taking the White House up on its February 2011 offer to wind down Fannie and Freddie, which still owe taxpayers $187 billion for their bailouts. He'd do so over five years by shrinking their mortgage portfolios by 15% a year, gradually lowering their loan limits to $525,500 from $625,500, and eliminating their politicized "affordable housing" goals and slush fund.

This statement of intent is especially crucial as memories fade of the toxic duo's central role in the crisis. Amid rising home prices, the political temptation will be to give up the hard slog of reform and use Fan and Fred's renewed profits to finance other spending. Mr. Hensarling's reform is also superior to the Senate's Corker-Warner bill, which would wind down Fan and Fred but still give other private lenders a federal guarantee.

The House proposal also takes some useful steps to reform the Federal Housing Administration, if less ambitious than we'd prefer. Washington has used the crisis as an excuse to greatly expand FHA, which may still need a federal bailout. So the bill would try to limit mission creep by defining FHA's purpose as insuring first-time homebuyers and low- to moderate-income borrowers.

Mr. Hensarling would try to force FHA to act more like a private mortgage insurer by spinning it off from the Department of Housing and Urban Development and requiring it to be financially self-sufficient with GAAP-accounting and a minimum 4% capital cushion from 2%. Today, any mortgage loan worth $271,050 or less is eligible for FHA backing. The proposal would move that threshold to $200,000, thus reducing taxpayer risk.

The bill also would eliminate FHA's money-losing reverse mortgage business and gradually reduce FHA's taxpayer-backed coverage levels to 50% from today's 100%. We'd prefer 0% taxpayer backing, but that would have cost GOP votes and thus doomed the bill.

The housing lobby will still oppose this as a threat to the housing recovery, but don't believe it. All first-time borrowers will be eligible for FHA backing, regardless of their income. The bill would reduce FHA's loan limits to the lower of 115% of area median home prices, or 150% of high-cost area loan limit, with a maximum limit of $625,500 from $729,750 today. That's still tens of millions of home buyers.

The third leg of the bill aims to increase market competition with a hodgepodge of initiatives, notably easing Dodd-Frank's rules for "qualified mortgages." When fully implemented, these rules will limit the supply of mortgage credit without any reduction in taxpayer exposure.

Less admirable is the bill's proposal for a National Mortgage Market Utility that would set best practices for mortgage securitization and operate a clearinghouse to match loan originators with investors. This echoes Dodd Frank's creation of clearinghouses for derivatives that expand taxpayer risk. Many industries set best practices without government intervention, and mortgages should be no different.

The bill also institutes a three-year delay to the Basel III capital rules and creates rules for a "covered bond" market. Covered bonds are debt securities that stay on a bank's balance sheet and are backed by other mortgages. They can increase liquidity and make it easier for lenders to modify loans that run into trouble.

Covered bonds are new to the U.S., but they have been used for decades in Europe. This provision has been promoted by New Jersey Republican Scott Garrett in an effort to show that a robust private mortgage market can exist without government guaranteeing 30-year mortgages. They deserve a market trial.

As ever, the political opposition to all this will come from the housing industrial complex of Realtors, homebuilders and Wall Street mortgage lenders who don't want to give up their taxpayer guarantee. But they should understand that the same Dodd-Frank restrictions they loathe are the political price of that guarantee. Give up the guarantee, and after a transition they'd have a much more sustainable housing market going forward, one less subject to boom and bust and with less political interference.

House Democrats won't help Mr. Hensarling, so he'll have to count on GOP votes. Whatever its fate in the Senate, Mr. Hensarling's proposal is an important statement of GOP principles and intent. He deserves support if Republicans elected on the tea-party wave want to maintain credibility as reformers against crony capitalism.

Government favoritism for housing was one of the main causes of the crisis, and political control over mortgages will only lead to more misallocation of capital and future taxpayer bailouts. The housing markets need a private rescue.
Posted by on July 08, 2013
Welcome back from the Independence Day break! We kick off the last four-week stretch of congressional activity before August with two suspensions and three hearings this week. Be sure to check back here on the Bottom Line Blog -- and sign up for our email updates -- for more information throughout the week. 

Here's what's happening: 

On Monday the House is expected to consider H.R. 1564, the Audit Integrity and Job Protection Act and H.R. 1341, the Financial Competitive Act of 2013 under suspension of the rules. 

On Tuesday at 10 a.m. the Financial Institutions and Consumer Credit Subcommittee examines how the CFPB collects and uses consumer data. Later, at 2 p.m., the Oversight & Investigations Subcommittee considers the constitutional deficiencies and legal uncertainties of Dodd-Frank. 

Wrapping up the week on Wednesday, the Capital Markets & GSEs Subcommittee holds Part II of their hearing on reducing barriers to capital formation at 10 a.m. 
Posted by on July 08, 2013
At a time when Washington is awash in scandals over mass surveillance and political targeting, the CFPB is amassing tens of millions of your private financial records and consumer data. According to Investors Business Daily, the "massive database of personal information" includes "monthly credit card, mortgage, car and other payments," giving the bureau a snapshot of your bill-paying and spending habits. 

Unfortunately, this questionable seizure of private financial data is only half the story. Not only is the CFPB needlessly invading Americans' privacy, their actions could be putting you at greater risk of identity theft or other financial crimes. In a letter to the bureau, the U.S. Chamber of Commerce echoed the concerns of the CFPB's own inspector general who expressed "weaknesses" in the bureau's security program -- a concern also raised in separate GAO report. 

On Tuesday the Financial Institutions and Consumer Credit Subcommittee will have the opportunity to raise these concerns with the CFPB's Acting Deputy Director, Steven Antonakes.