The House Subcommittee on Capital Markets, Insurance, and
Government-Sponsored Enterprises held the first of what will probably be a
large number of hearings on legislative proposals to overhaul the government
sponsored enterprises (GSEs) Freddie Mac and Fannie Mae. The hearing came one day after the
Subcommittee Chairman Scott Garrett (R-NJ) accounced eight bills intended to
reform the GSEs. Garrett said the eight bills are merely the first of multiple
rounds of Republican sponsored legislation on the subject.
Acting Director of the Federal Housing Finance Agency (FHFA)
Edward J. DeMarco was the principal witness at the opening hearing. DeMarco said that FHFA which has served as conservator
of the two GSEs since they essentially failed in August 2008 has three responsibilities;
preserve and conserve the GSEs assets, ensure market stability and liquidity,
and prepare the Enterprises for an uncertain future.
DeMarco also commented on each of the proposed bills introduced
on Wednesday by House Republicans. One of which would, according to Garrett, ensure that the GSEs are not exempt from new risk-retention rules mandated by Dodd-Frank and that they face the same retention standards as private market participants. Demarco responded by saying GSE single-family mortgage securities are structured with 100 percent
risk retention, far beyond the 5 percent retention required under
Dodd-Frank. "Furthermore,"
DeMarco said, "since the risk retained by the Enterprises is itself backed
by the Treasury (through the Preferred Stock Purchase Agreements (PSPAs)), not
by private capital, it is unique from any other 100 percent risk retention
structure that might someday exist."
If the Enterprises were to be made subject to the risk
retention requirements for non-QRM loans they would be required to hold on
their balance sheet five percent of the securities they issued for such
loans. This would add nothing further to
the Enterprises "skin in the game" but it would require them to
increase their portfolios by financing five percent of the MBS themselves. This is inconsistent with the ten percent
per-year wind down in the retained portfolios in the PSPAs and other efforts to
seek faster reductions in the retained portfolios. It is also not clear how such a requirement
would encourage private capital to enter the market.
DeMarco said Treasury had recognized the risk posed by the
Enterprises retained portfolios and have been reducing it in accordance with
the PSPAs and are on track with that schedule.
The only additions to the portfolios are now coming from moving
delinquent mortgages from the Enterprises MBS and this has changed the
portfolio to one primarily constituted by non-performing and illiquid whole
loans and private-label securities. The
bill mandating a significantly faster reduction could cost taxpayers
unnecessarily as some of the illiquid assets may recover some or much of their
lost value over time.
The bill to require specific Treasury Department approval
for the Enterprises to issue debt could serve as another way to reduce the
portfolios, DeMarco said, however faster reduction could be achieved in a
number of ways and "it is unclear how adding an additional procedural
hurdle would provide an effective mechanism."
FHFA is already preventing the GSEs from offering new
products or entering new lines of business and in principle DeMarco said he
could support the bill to codify this requirement. However, he said, the committee may wish to
consider whether any exceptions should be provided. Too narrow a mandate could preclude
development of products or activities which might advance other purposes of the
transition.
The housing goals given to the Enterprises were done in a
different environment than a conservatorship.
They were a reflection of the unique benefits Congress had provided two
private companies, making sure those benefits were available to targeted parts
of the market. Today the goals should mirror
the industry's participation in those markets but not lead the market. Eliminating the housing goals and the duty to
serve requirements that were put into place under HERA would be consistent with
the realities association with the conservatorship. This could reduce operational and compliance
burdens but need not result in less attention to these market segments.
The requirement that an Inspector General be appointed
within FHFA to report directly to Congress, DeMarco said, would reverse the
responsibilities as they are presently constituted where FHFA has an IG
overseeing its operation which would include oversight of the GSEs
DeMarco pointed out
that FHFA has been steadily overseeing increases in guarantee fees to the
Enterprises as legislated in The GSE Subsidy Elimination Act, and will complete its third annual report to
Congress on those fees in July.
DeMarco said that
any sudden changes in the compensation structure of the GSEs as would be
required by the passage of a law introduced by Spencer Bachus (R-AL) would put
the management of the $5 trillion in GSE assets at risk. Bachus's proposal would immediately make
compensation for all GSE employees conform to the Executive Schedule and
Senior Executive Service of the Federal Government and would make it a sense of
the Congress that senior executives' pay was excessive in 2010 and the money
should be returned. DeMarco said it is
difficult to make comparisons between the GSE salary structure and that of
Ginnie Mae or FHA as those have evolved as government salaries over time where
the GSEs' compensation packages evolved in the private sector. The
Bachus proposal, he said, would on balance increase costs to taxpayers and risk
further disruptions in the housing market.
FHFA is striving to conserve the GSEs tangible assets that
exist today which include the legacy, pre-conservatorship book of business and
the post-conservatorship book of new business and the intangible assets that
support the tangible ones including the business platforms, operations, and
processes used in the business and the people who work for the GSEs. These assets are really being preserved for
the taxpayer so that when the GSEs no longer exist each company, in whole or
pieces, can be transformed in such a way that taxpayers realize maximum value.
Conserving each of the four categories of assets has
different risks and challenges. With the
legacy book of business the risk is further credit losses from delinquent
mortgages and FHFA and the GSEs are focused on effective loss mitigation
strategies to avoid foreclosure where practical and minimize credit losses through
loss mitigation strategies.
FHFA has moved to shore up underwriting standards to
increased pricing to better align the post-conservatorship book of business with
risk. FHFA, DeMarco said, will continue
to seek more progress in those areas but, because the GSEs currently constitute
most of the mortgage market, pacing changes in underwriting standards and
pricing needs to be balanced until private investors step back into the market.
The GSEs business platforms, operations, and process present
multiple risk management challenges.
FHFA has attempted to correct the shortcomings in these areas that
contributed to the failure of the GSEs and progress has been made but planning
for the future is difficult when you do not control that future. Thinking about whether and how to invest in
and develop infrastructure and operations for companies that may cease to exist
presents unique and difficult challenges.
Again, a holding pattern is not possible. While some long-range investments may be
inappropriate, the GSEs assets are 30-years in duration and the agency needs to
develop and maintain the infrastructure to support securitizations to preserve
their value.
Preserving human capital in the face of uncertainty is also
challenging and several key executives have already departed in 2011. The Enterprises needs to be able to continue
to attract and retain executive-level talent and professional staff to navigate
through this period of uncertainty. The
GSEs need qualified people to manage day-to-day business operations or risk more
than $5 trillion in mortgage holdings and guarantees.
DeMarco noted that the ultimate resolution of the
conservatorship is in the hands of Congress and that it may take some time to
reach a conclusion. While some
intermediate and near-term changes may be appropriate, he asked that care be
taken to provide FHFA with sufficient flexibility to use its best judgment to
preserve and conserve the Enterprises assets.