future government role in the us mortgage securitization market - july 2013
TRANSCRIPT
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© 2013 Promontory Financial Group, LLC
The Future Government Role in the
U.S. Mortgage Securitization Market
July 2013
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Table of Contents
I. Introduction ........................................................................................................................... 1
II. Goals and Constraints ............................................................................................................ 8
a. Maintain Consistent Supply of Affordable Mortgage Credit .............................................. 8
b. Minimize Taxpayer Exposure ............................................................................................ 18
III. Methodology ........................................................................................................................ 34
a. Problems with Comprehensive Reform ............................................................................. 34
b. A More Modest Approach ................................................................................................. 41
IV. Proposal ............................................................................................................................... 45
a. Mechanics ......................................................................................................................... 45
b. Candidates for Government Guarantor ............................................................................ 50
c. Creditworthiness of PMIs .................................................................................................. 55
d. Attainment of Goals .......................................................................................................... 63
e. Variations and Alternatives .............................................................................................. 67
f. Ancillary Questions............................................................................................................ 80
V. The Treasury/HUD Options Revisited .................................................................................. 84
VI. Conclusion ............................................................................................................................ 89
Appendix A: Mortgage Market Reforms Since 2007 .................................................................... 90
Appendix B: Bibliography .............................................................................................................. 92
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I. Introduction
The recent collapse of the U.S. residential mortgage market had many interrelated causes. In
consequence, reform must cover many fronts. Reforms to the pre-crisis housing finance system are
in place or underway in many areas, including consumer protection, originator oversight,
underwriting and appraisal standards, securitization accounting and disclosures, and incentive
compensation, to name a few.1 But the debate over one critical aspect of reform remains
unresolved: the government sponsored enterprises (GSEs) and the proper role of the federal
government in the secondary mortgage market.
In September 2008, the Federal Housing Finance Agency (FHFA) placed Fannie Mae and
Freddie Mac into conservatorship. Concurrently, the U.S. Treasury Department committed to
provide financial assistance to offset the GSEs’ mounting losses. The GSEs remain in Treasury-
supported conservatorship as of this writing. Meanwhile, they continue to back more than two-
thirds of new U.S. mortgages, while the Federal Housing Administration (FHA) and U.S.
Department of Veterans Affairs (VA) back almost all the rest.
The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”)
required the Treasury to study and submit recommendations to Congress on GSE reform. In
February 2011, the Treasury and U.S. Department of Housing and Urban Development (HUD)
responded with a report titled “Reforming America’s Housing Finance Market.” The brief report
described three options for long-term structural reform. Under the first option, a privatized system
would replace the GSEs, while existing federal mortgage insurance programs, including the FHA
and VA, would continue to provide targeted guarantees. The second option would place a federal
backstop behind a broader portion of the market. The backstop would maintain a minimal presence
during normal times but scale up during a crisis. The third option would also involve a federal
1 See Appendix A for additional detail on these and other reforms.
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backstop. But instead of scaling up during a crisis, it would maintain a more consistent presence
throughout the market cycle. Under the third option, significant private capital from mortgage
securitizers and/or private mortgage insurers (PMIs2 ) would stand in front of the backstop.
Since early 2011, legislators from both sides of the aisle have introduced a variety of housing
finance reform bills. Congressional Republicans have introduced legislation consistent with the
Administration’s first option (i.e., full privatization except for FHA, VA, and other federal
programs). Legislation consistent with the Administration’s third option (i.e., a continuous federal
backstop) has also been introduced. Meanwhile, many non-governmental voices — including think
tanks, market analysts, and academics — have contributed to the housing finance reform debate
through dozens of published papers. The bibliography at the end of this paper provides a partial list
of these and earlier works.
As the debate continues, the FHFA has released a conservatorship strategic plan to prepare
the way for whatever institutional structure policymakers devise.3 The plan’s stated goals are to: (1)
build a new infrastructure for the secondary mortgage market; (2) gradually contract the GSEs’
dominant presence in the marketplace while simplifying and shrinking their operations; and (3)
maintain foreclosure prevention activities and credit availability for new and refinanced mortgages.
However, fully realizing the fruits of the FHFA’s infrastructure-building efforts will require a
resolution of the legislative debate.
To facilitate such a resolution, Genworth Financial has asked Promontory Financial Group
to prepare this paper on the future structure of the GSEs and the reforms necessary to meet U.S.
housing policy objectives. This paper aims to make a distinctive contribution to the debate with an
2 We use the acronym PMI to refer to private mortgage insurance or private mortgage insurer, as thecontext requires.
3 See FHFA, A Strategic Plan for Enterprise Conservatorships: The Next Chapter in a Story that Needs an Ending (February 21, 2012),http://www.fhfa.gov/webfiles/23344/StrategicPlanConservatorshipsFINAL.pdf .
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approach that is simultaneously interdisciplinary, non-partisan, and pragmatic. Our efforts have
drawn on Promontory professionals and consultants with real-world expertise in economics,
financial regulation, law, risk management, capital markets, legislative process, housing policy, and
the mortgage industry. Our team includes experts who have worked in administrations and on
congressional staffs of both parties, as well as former regulators, bankers, traders, and lawyers with a
variety of party affiliations and worldviews. In analyzing potential solutions, we consider the
practical feasibility of transitioning from one structure to another, exploring the impact of path-
dependence and transition costs on the attractiveness of various options. We also consider the U.S.
political system’s ability both to adopt proposed reforms and to sustain ongoing political support for
the new system through the inevitable ups and downs of the market.
Our analysis begins by considering the goals of the housing finance system and the practical
constraints that complicate efforts to achieve them. We conclude that a purely private system might
fall unacceptably short of satisfying U.S. housing needs, particularly if implemented on a fixed
schedule. At this time, one cannot predict with a reasonable degree of confidence the impact of
complete privatization on mortgage interest rates, which are a primary determinant of home
affordability. Since at least the 1930s, the U.S. mortgage market has depended heavily on federal
support. The federal government’s abrupt withdrawal from the majority of the housing finance
market would, therefore, fundamentally alter the dynamics for other participants. GSE MBS
investors would hesitate, and perhaps refuse, to replace their federally guaranteed investments with
private label securities. Legal and contractual constraints would preclude many MBS investors from
investing as much, or at all, in private label MBS. Others might choose not to accept credit risk or
simply lack the technical skills to manage it. A mass exodus from the MBS market would be a
plausible consequence of full privatization, with attendant consequences for credit affordability.
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A housing finance system that renders housing “unaffordable” to broad segments of the
middle class would, as a practical matter, be difficult to sustain in the United States today. Most
Americans live in homes that they own, and many who rent desire to own in the future. These
desires and expectations are largely a product of federal housing policy. While the financial crisis
may have dampened somewhat the public’s enthusiasm for homeownership, and the government
may attempt to moderate it further over time, a perceptible decline in home affordability below
levels generally prevailing over the last 40 years would likely engender popular discontent.
This does not mean that the taxpayers must continue to bear risks commensurate with those
posed by the old GSE system. To the contrary, our analysis concludes that a properly designed
government guarantee can minimize taxpayer exposure by positioning multiple layers of private
capital in front of the government backstop. Nor must the government support a large portion of
the housing finance system indefinitely. Instead, a carefully designed government backstop should
incorporate mechanisms that can reduce reliance on the federal backstop over time, thereby
effecting an orderly shift toward purely private financing in a manner sensitive to fluctuating political
and economic conditions. Indeed, over time, the purely private market might achieve sufficient
scale and stability that policymakers decide to remove the government backstop altogether.
In designing a new system, it is important to minimize unnecessary transition costs and
market disruption. Thus, our approach focuses on what went wrong with the last system and fixes it
in the most efficient way possible, creating as few new financial institution charters and government
agencies as possible. This approach builds upon proven aspects of the pre-crisis system,
acknowledges the significant reforms already underway, and recognizes the political and market
infrastructure challenges posed by more sweeping changes.
Following our approach, we recommend abolishing the GSEs as we know them and
replacing them with a model under which private entities would both issue and guarantee their own
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The government guarantor’s payment obligations would be triggered only if the private
issuer were unable to fulfill its payment obligations. Even then, the government guarantor
would not incur significant losses unless the PMI were unable to pay claims, or losses on a
significant number of defaulted mortgages exceeded the deeper PMI coverage levels we
recommend. With the proper safeguards, this scenario should only materialize in the event
of a catastrophic collapse of the housing market.
Neither private issuers nor PMIs would be guaranteed against failure. The explicit federal
guarantee would apply only to the MBS.
The government guarantor would shrink the government footprint in the mortgage market
over time by raising fees and narrowing eligibility standards as the private market revived. It
could use similar mechanisms to support the market in the event of another housing crisis.
A portion of the personnel and infrastructure necessary for the government guarantor to
manage this new framework would transfer from Fannie Mae and Freddie Mac (consistent
with the FHFA’s conservatorship strategic plan).
Our proposal is not a take-it-or-leave-it proposition. In the course of our discussion, we
identify potential variations and alternatives to our proposed structure and consider their advantages
and disadvantages. We conclude that some (though not all) of the variations would accomplish the
key policy goals we identify — though perhaps less efficiently than our recommended system.
Examples of variations that might work include:
Creating a new type of federally chartered private entity to aggregate and securitize
mortgages, rather than relying on existing financial institutions to perform these functions.
Permitting alternative forms of credit enhancement, such as structural subordination and
originator risk retention.
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Limiting the extent of issuer liability for losses, thus reducing issuer capital requirements and
expanding lending capacity, albeit at increased risk to the government.
After reviewing potential variations and alternatives, we identify important ancillary
questions that this paper does not resolve but that nevertheless require attention. Finally, we discuss
the relationship between our proposed system and the three options set forth in the Treasury/HUD
report.
A note on independence: Genworth Financial commissioned this paper in support of its
efforts to play a meaningful role in the debate over the future of housing finance in the United
States. At the time it engaged Promontory, Genworth had no established positions on the key issues
addressed in this paper, including the necessity of a federal backstop, the institutional structure of
the secondary market, or an expanded role for PMI. Accordingly, Genworth imposed no
constraints on the conduct or outcome of the study. The Promontory team independently
conceived and developed every aspect of the proposal advanced in this paper — including an
expanded role of PMI not previously contemplated by Genworth. That said, in recommending a
proposal in which PMIs play a central role, we are mindful of the appearance of bias that could
follow from Genworth’s sponsorship, an appearance that no protestations of independence can ever
fully erase. Ultimately, the only true remedy for this perception is to present compelling arguments.
We hope that readers will consider our proposal on its merits.
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II. Goals and Constraints
Our proposal pursues two main goals, which we believe are widely shared across the political
spectrum: (1) to maintain a consistent supply of affordable mortgage credit; and (2) to minimize
taxpayer exposure to mortgage credit risk.4 These goals reflect not only what is desirable in a
housing finance system, but also limitations on what is possible. In that sense, they operate as both
goals and constraints. This section explains what the goals mean, why they are important, and how
they relate to each other.
a. Maintain Consistent Supply of Affordable Mortgage Credit
The first goal itself has two elements — affordability and consistency. As discussed below,
we believe neither can be achieved reliably without some form of government backstop.
i. Affordability
The relationship between a borrower’s income and required mortgage payments is the
principal driver of mortgage affordability. The principal amount and interest rate of the mortgage
determine the size of the required payments. Typically, a creditworthy borrower can qualify for a
mortgage that, given prevailing interest rates, requires payments not exceeding a certain percentage
of the borrower’s monthly pre-tax income — generally 28% for conventional mortgages.5 The size of
the mortgage for which the borrower qualifies determines the maximum home price that the
borrower can afford.
As mortgage interest rates rise, required monthly payments also rise, making it more difficult
for a prospective borrower to afford a given property. For example, under conventional
4 Secondary goals include: (1) minimizing the costs and economic disruption of the transition to anew system; and (2) ensuring that small originators continue to enjoy robust access to the secondarymortgage markets.5 “Conventional” mortgages are mortgages without loan-level insurance by a government agency.Mortgages insured by the FHA, VA, and similar agencies are “government” mortgages.
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underwriting standards, a prospective borrower with an annual income of $61,000 (median family
income in the United States)6 can afford monthly mortgage payments, including homeowner’s
insurance and property taxes, of about $1,425. Similarly, a prospective borrower with an annual
income of $103,000 (median family income in the greater Washington, DC metropolitan area) 7 can
afford monthly payments of about $2,405. Table 1 depicts the maximum amount that these
households can borrow at various interest rates without having their mortgage payments exceed
28% of monthly pre-tax income. Figures are shown with and without PMI premiums. (The GSEs
currently require PMI in cases where the mortgage amount exceeds 80% of the property’s appraised
value.) Loan amounts are based on a 30-year fixed rate mortgage.
Table 1: Maximum Loan Amount8
Maximum Loan Amount (rounded to the nearest $1K)
Median Family Income: US ($61K) Median Family Income: Washington DC MSA ($103K)
Loan Amount Loan Amount Loan Amount Loan Amount
APR w/o PMI w/ PMI w/o PMI w/ PMI
5% $214,000 $206,000 $367,000 $353,000
7% $178,000 $172,000 $305,000 $295,000
9% $151,000 $147,000 $259,000 $252,000
11% $130,000 $126,000 $222,000 $217,000
6 See U.S. Census Bureau, 2011 American Community Survey,http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_11_1YR _S1903&prodType=table. 7 Ibid.,http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_11_1YR _S1903&prodType=table.
8 The table makes the following assumptions:
(1) Debt-to-income ratio does not exceed 28%;(2) Monthly housing costs include principal and interest, PMI (as applicable), homeowner’s
insurance, and property taxes;(3) “ w/o PMI” scenarios assume a 20% down payment; “ w/ PMI” scenarios assume a 5%
down payment;(4) Annual PMI premium of 50 bps of initial loan amount (as applicable);(5) Annual homeowner’s insurance of $600; and(6) Annual property tax rate of 1% of home value.
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These examples illustrate the significant impact of mortgage interest rates on home
affordability. They also suggest that affordability concerns affect a large portion of the U.S.
population and are not limited to “low- and moderate-income” borrowers.9 In 2012, the median
sale price of an existing single-family home in the United States was $177,000.10 The median sale
price for an existing single-family home in the greater Washington, DC metropolitan area was
$352,000.11 Table 2 shows how interest rate increases can effectively price many households out of
the housing market, even at a time when median sale prices are depressed by several years of price
depreciation and a large inventory of foreclosed properties.
Table 2: Maximum Home Price Affordable to Median Family12
Maximum Home Value (rounded to the nearest $1K)
Median Family Income: US ($61K) Median Family Income: Washington DC MSA ($103K)
Home Value Home Value Home Value Home Value
APR w/o PMI w/ PMI w/o PMI w/ PMI
5% $268,000 $217,000 $459,000 $372,000
7% $223,000 $181,000 $381,000 $311,000
9% $189,000 $155,000 $324,000 $265,000
11% $163,000 $133,000 $278,000 $228,000
Of course, interest rates also affect home prices. If rates rise, home prices may decline in
response to the reduced purchasing power of homebuyers. However, this market mechanism has its
limits. In the short term, sellers tend to resist lowering their asking prices in response to market
changes and will often take a house off the market rather than sell below a certain price. 13 Even in
9 Federal housing policy typically defines “low- and moderate-income” as 80% or less of area medianincome.10 See National Association of Realtors (NAR), “Sales Price of Existing Single-Family Homes,”
http://www.realtor.org/topics/existing-home-sales/data. 11 See NAR, “Median Sales Price of Existing Single-Family Homes for Metropolitan Areas,” http://www.realtor.org/topics/metropolitan-median-area-prices-and-affordability .
12 The table uses the same assumptions as Table 1. See footnote 8, above.13 Some of these sellers cannot sell below a certain price (generally the amount of their outstandingmortgage debt), while others have personal biases that lead them away from economically “rational” behavior.
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the long term, home prices can only drop so far. Numerous factors place a floor under the cost of
owner-occupied housing. These factors include: the value of rental property; the costs of
construction inputs, such as labor and raw materials; the scarcity of land in reasonable proximity to
jobs and families; and the need to achieve a minimum level of construction quality. While some of
these factors have a close, if complex, relationship with mortgage rates, others are largely
independent. Thus, rising mortgage interest rates will drive down home prices to an extent, but not
necessarily enough to offset the decrease in affordability. Only a commensurate increase in real
incomes would fully offset the impact of rising interest rates on home affordability.
Some observers believe that removing federal homeownership subsidies will only result in a
modest decline in the homeownership rate. We believe they are answering the wrong question.
Although the homeownership rate may be the best proxy for measuring historical home affordability
over time, it is not necessarily the most relevant metric for our purposes. Americans will experience
any material decrease in mortgage affordability as a tangible decline in living standards and a
disappointment of cultural expectations. Some families that expected, based on their incomes and
experience, to own homes will find themselves unable to do so. Other families will need to settle
for houses that are smaller, more crowded, less well-located than, or otherwise perceived as inferior
to, houses that those of comparable means could afford in the recent past.
This subjective experience is the most relevant metric of “affordability” for purposes of
GSE reform. Disappointed expectations regarding who can buy a house and what kind of house
they can buy have far more power to drive political and economic forces than the homeownership
rate. Indeed, in many cases, the effects described above would not fully register as changes to the
homeownership rate. The U.S. Census computes the homeownership rate by dividing the number
of owner-occupied housing units by the number of occupied housing units or households. Thus,
the homeownership rate would not reflect changes in the size and quality of homes affordable to
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families in a given set of circumstances. Nor would it reflect an increase in young families living
with their parents, or of older Americans living with their children, due to an inability to afford a
home of their own. Moreover, since most households are not attempting to purchase a home at any
given time, acute declines in mortgage affordability will translate into only small changes in the
homeownership rate in the short term.
Even so, many observers contend that cheap credit and abundant federal housing subsidies
have caused housing consumption in the United States to reach excessive levels. Some further argue
that the pursuit of affordability is misguided insofar as it requires government subsidies and exposes
taxpayers to risk. According to the latter viewpoint, mortgage interest rates should be whatever the
private market will bear without government interference. Those who cannot afford larger houses
can purchase smaller ones (or cohabitate with extended family); those who cannot afford
homeownership can rent; and those who cannot afford a rental can register for rent subsidies, if
available, or fend for themselves.
We do not pass judgment on the merits of this argument. But as a practical matter, a
housing finance system that reduces credit affordability below levels generally prevailing in the last
40 years would be difficult to sustain in the United States today. Most Americans live in homes that
they own, and many who rent desire to own in the future. These desires and expectations are largely
a product of federal housing policy. Policies going back as far as the Great Depression have
encouraged and subsidized homeownership — from the creation of the FHA and Fannie Mae in the
1930s, the VA mortgage guarantee program in 1944, and Freddie Mac in 1970, to the “Ownership
Society” policies of the George W. Bush Administration and the persistence of the mortgage interest
deduction for the past 100 years. Federal policy played a decisive role in creating the suburban
neighborhood of mostly owner-occupied detached houses, which shaped the institutions, social
relationships, and cultural expectations that dominate American life. To reverse the American
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enthusiasm for homeownership — and ownership of detached single-family houses in particular —
would require fundamental social change.
Over the past 80 years, the U.S. political system has shown little appetite for this type of
change. Policymakers consistently have intervened to preserve affordable credit availability,
particularly in response to credit contractions. The most dramatic of these contractions occurred
during the Great Depression, when unprecedented declines in property values made lenders loath to
refinance maturing mortgages. Because mortgages at the time had much shorter terms than today
and often required borrowers to make balloon payments at maturity,14 the shortage of refinancing
credit yielded a wave of foreclosures. The federal government responded with extraordinary
measures to refinance, insure, and purchase mortgages. Through the Home Owners’ Loan
Corporation, the government purchased defaulted mortgages and replaced them with longer-term,
fixed-rate, fully-amortizing mortgages. To ensure the ongoing marketability of these mortgages, the
government established its own mortgage insurer, the FHA. The government also created Fannie
Mae (a public entity between its inception in 1938 and its privatization in 1968) to purchase and hold
FHA-insured loans.15
Policymakers employed the federal housing apparatus created during the Great Depression
to cushion subsequent mortgage credit contractions that threatened affordability. For example, a
sudden contraction of mortgage credit in 1966 — caused by rising Treasury yields and ensuing
deposit outflows — prompted Fannie Mae to expand its support of the mortgage market dramatically
by purchasing over $4 billion worth of mortgages. Responding in part to the 1966 crisis and a
14 In the years preceding the Great Depression, mortgage terms typically ranged from 5 to 10 years.See Richard K. Green and Susan J. Wachter, “The American Mortgage in Historical andInternational Context,” 19 Journal of Economic Perspectives Issue 4 (Fall 2005), 94,http://repository.upenn.edu/cgi/viewcontent.cgi?article=1000&context=penniur_papers&sei-redir=1#search="The+American+Mortgage+in+Historical+Context.
15 See generally ibid., 94-96.
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similar crisis in 1969, Congress restructured and privatized Fannie Mae, created Freddie Mac, and
authorized both to purchase conventional mortgages, marking the GSEs’ first foray beyond the
government-insured mortgage market. Freddie Mac issued its first participation certificate, the
predecessor to modern MBS, in 1971.16
In the late 1970s, soaring interest rates led to a sharp contraction in the availability of
mortgage credit by placing severe stress on savings and loans (S&Ls), decreasing the capacity of
banks to carry fixed-rate mortgage loans, and materially increasing monthly payments on new
mortgages. Congress responded with a variety of measures, including S&L deregulation and
preemption of state laws prohibiting adjustable-rate mortgages. (The continued expansion of
securitization — Fannie Mae issued its first MBS in 1981 — ultimately helped preserve the viability of
the 30-year fixed-rate mortgage.) During the most recent crisis, of course, the government has
intervened in extraordinary ways to ensure a continuous flow of capital into the mortgage market
through the Federal Reserve, the GSEs, federal mortgage insurance programs, and insured
depository institutions.
The government’s willingness to intervene to preserve affordable credit availability seems
likely to persist, albeit within evolving boundaries. The level of perceived affordability achieved at
the height of the housing bubble, reflected in a homeownership rate around 69%, relied on
unsustainable expectations of rising home prices and uncompensated risk-taking by private actors
and the federal government. This rate had to come down, and it may have further to go.17 Gradual
16 See ibid., 97-98; Sarah Quinn, “ Things of Shreds and Patches: Credit Aid, the Budget, andSecuritization in America,” Working Paper (October 2009), 4, 26; and Raymond E. Owens andStacey L. Schreft, “Identifying Credit Crunches,” Federal Reserve Bank of Richmond WorkingPaper 93-2 (March 1993), 7-23,http://www.richmondfed.org/publications/research/working_papers/1993/pdf/wp93-2.pdf .
17 A Federal Reserve study concludes that the “effective” homeownership rate— after discountingnegative equity households — is approximately 5.6 percentage points below the official rate. See Andrew Haughwout, Richard Peach, and Joseph Tracy , “The Homeownership Gap,” Federal
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long-term declines in affordability may remain imperceptible to the political system until after the
fact, particularly if they occur slowly enough for the evolution of cultural expectations to keep pace.
But a perceptible decline below levels generally prevailing over the last 40 years would likely
engender popular discontent.
Indeed, we believe some advocates of a rapid transition to full privatization would
reconsider their position once its potential consequences became fully apparent. For example, the
affordability debate to date has focused on the difference between the “sustainable” pre -bubble
homeownership rate — 65% in 1985 —and the “unsustainable” rate of 69% reached at the market’s
peak.18 But the 65% rate reflected almost all of the federal housing subsidies that exist today,
including the implicit government guarantee of Fannie Mae and Freddie Mac. As discussed below,
the lower limit of homeownership in a fully privatized system is unknown. Before the introduction
of federal homeownership subsidies, it was consistently below 50% (see Figure 1). It is hard to
believe that a new system in which most American families cannot obtain a mortgage could earn and
maintain political support over the long term.
Reserve Bank of New York, Current Issues in Economics and Finance 16, no. 5 (May 2010),http://www.newyorkfed.org/research/current_issues/ci16-5.pdf . 18 For homeownership statistics, see U.S. Census Bureau, “Housing Vacancies andHomeownership,” http://www.census.gov/housing/hvs/.
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Figure 1: Historical U.S. Homeownership Rates
40.0%
45.0%
50.0%
55.0%
60.0%
65.0%
70.0%
1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000
Source: U.S Census Bureau, http://www.census.gov/hhes/www/housing/census/historic/owner.html.
Thus, the goal of affordability reflects political preferences as an underlying constraint. For
purposes of assessing the viability of possible reforms to the U.S. housing finance system, we define
“unaffordable” as the point at which home purchase affordability falls below a politically acceptable
level. While the financial crisis may have dampened somewhat the public’s enthusiasm for
homeownership, and the government may attempt to moderate it further over time, one must
nevertheless acknowledge its existence.
ii. Consistency
The second element of the first goal —“consistent supply” of credit— addresses the extent to
which affordability persists over time. A consistent supply of credit does not evaporate — either
locally or nationally — during periods of market turbulence. It proves resistant to sudden panics.
Ideally, the housing finance system should limit investor incentives to flee to relative safety during a
market downturn. It should also prove capable of withstanding failures of individual institutions
without severe or prolonged disruptions to the supply of credit.
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While desirable for its own sake, consistency within the mortgage market also helps prevent
damage to the broader economy. Housing equity is the largest asset of many U.S. households. As a
result, sharp drops in home prices create a negative wealth effect that reduces consumer spending
and economic growth.19 Such drops also reduce the property tax revenues on which most local
governments depend. The resulting layoffs and tax increases can further aggravate the downturn.
All financial markets are susceptible to sudden withdrawals of capital, and the U.S. mortgage
market is no exception. As discussed above, such withdrawals have occurred numerous times in
U.S. history, including during the Great Depression, the 1960s, the S&L crisis, and today. In each
case, the federal government intervened to mitigate impacts on affordable credit availability.
Extraordinary government intervention continues to ensure a continuous flow of capital into the
mortgage market today. Private mortgage capital, on the other hand, has largely evaporated. To be
sure, private capital might have returned to the market more quickly absent competition from
expanded government programs. But mortgage markets still would have been disrupted for an
extended period, as illustrated by recent experiences with some types of consumer lending. For
example, auto securitization virtually ceased between March 2009 and October 2010.20
Credit card
securitizations weakened significantly, with private issuances from only a handful of well-regarded
issuers — such as JPMorgan Chase — from the fourth quarter of 2008 to the end of the third quarter
of 2010.21 Most of the auto and credit card loans extended during these periods originated from
banks relying on government-guaranteed funding and, in many cases, government-supplied capital.
19 The disruption can be especially deep and protracted when home values drop below mortgagebalances for significant numbers of households.
20 See Asset-Backed Alert’s ABS Database and the Federal Reserve, http://www.federalreserve.gov/newsevents/reform_talf.htm#data.
21 Ibid.
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Without government support for mortgage securitization, the economic impact of the Panic of 2008
would have been far more severe.
b. Minimize Taxpayer Exposure
The second goal of GSE reform, minimizing taxpayer exposure, addresses a fundamental
flaw in the old GSE model: privatized gains and socialized losses. For years the GSEs paid large
dividends to shareholders and high compensation to senior executives. Yet the Treasury has now
committed at least $200 billion in taxpayer funds to shore up the ailing GSEs. The implicit federal
guarantee on the GSEs’ obligations, once disavowed publicly by the government but widely assumed
by market participants, compromised normal market discipline. Relying on the implicit guarantee,
investors had less incentive to monitor the risks taken by the GSEs. Taxpayers are now paying the
price.
As detailed above, since at least the 1930s, the U.S. mortgage market has depended heavily
on federal support. All agree that the future housing finance system must do more to protect
taxpayers from exposure to the mortgage market. But full protection for taxpayers may not be
possible without sacrificing the consistent availability of affordable credit. These competing goals
require balancing. The following sub-section explains why.
We begin this sub-section by reviewing the ways in which mortgages are financed in the
United States, including how the different financing methods allocate credit and interest rate risk
among market and government actors. Understanding the structure of the U.S. mortgage market is
helpful in grasping the significance of the government’s role. We then consider whether it is
possible to predict how transitioning to a purely private secondary market for conventional
mortgages would affect consistent credit affordability. We conclude that complete privatization on a
fixed schedule would constitute an unnecessary and imprudent gamble, even for those who hope to
see the market completely privatized in the long term. Finally, we explain why a federal backstop
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precludes the complete elimination of taxpayer risk yet could achieve our consistency and
affordability objectives with much less risk than the pre- or post-crisis GSE system.
i. Financing U.S. Mortgages
U.S. mortgages are financed in two primary ways: portfolio funding and securitization.
Portfolio lenders and investors hold whole loans on their balance sheets and allocate capital to
support these loans (see Figure 2). Given prevailing mortgage rates, earning attractive returns on
prime mortgages requires leverage and low funding costs. As a result, banks, thrifts, and the GSEs
are the dominant practitioners of portfolio funding of prime mortgages. Banks and thrifts fund
their mortgage portfolios largely with insured deposits or Federal Home Loan Bank advances.
22
Prior to conservatorship, the GSEs funded their retained portfolios largely with inexpensive senior
debt that carried an implicit government guarantee. In conservatorship, the GSEs have continued
to fund themselves with senior debt which does not bear a direct Treasury guarantee but comes
close to it.
Figure 2: Portfolio Funding
Homeowners Lenders
Loan payments
$ for home purc hase
Servicers
In the conventional mortgage securitization market, lenders fund loans by transferring them
(either directly or through third-party securitizers) to special purpose trusts, which then issue debt
securities (i.e., MBS) to investors. The lender accepts the proceeds from the debt issuance in
exchange for transferring the loans to the trust. Acting through a servicer and other agents, the
trustee passes borrower payments and other cash flows from the loans, less servicing costs, through
22 Covered bonds, which are more prevalent in Europe, are discussed in Section III.a.
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to the investors (see Figure 3). Thus, funding for securitized loans largely comes from MBS
investors, not portfolio lenders or depositors (although many depository institutions are also MBS
investors).23
Figure 3: Private Securitization Financing
Securitization
Trusts
Loan payments
MBS Investors$ for MBS
MBS payments /
MBS
HomeownersLenders /
Securitizers
$ for home
purchase
Whole
loans$ for whole
loansServicers
Since its initial growth during the 1970s and 1980s, securitization has become the primary
source of mortgage funding, for several major reasons. First, securitization generally enables a
lender to originate more mortgages using a given amount of capital (although recent accounting
changes and the risk retention requirements of the Dodd-Frank Act reduce this advantage in some
circumstances). Second, securitization shifts unwanted interest rate risk and prepayment risk 24 from
lenders to investors, a feature discussed in more detail below. Third, aggregating many mortgages
into a single pool can reduce credit risk 25 through diversification (depending on the composition of
the pool). This makes MBS attractive to a broader range of investors, particularly those with less
tolerance for credit risk. By expanding the investor universe, lenders enjoy greater fee income
23 Depository institutions may prefer to hold MBS, particularly government-backed MBS, rather than
whole loans because MBS can be more liquid and face lower capital charges.24 Prepayment risk is the risk that the borrower will repay the loan ahead of schedule. Most U.S.mortgages do not have prepayment penalties. In a declining interest rate environment (when manyborrowers refinance), investors generally cannot re-invest prepayments at equally attractive interestrates. Thus, prepayment risk is closely related to interest rate risk, although other factors also play arole.
25 Credit risk is the risk of loss arising from borrower default.
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through increased origination, securitization, and servicing volumes, and borrowers enjoy access to
more and cheaper credit.
Historically, most MBS have attracted buyers seeking “credit-risk-free” investments in quasi-
governmental or AAA-rated debt. These investors typically have little or no tolerance for credit risk
in the segments of their portfolios that include MBS. In some cases, this low risk tolerance arises
from a generally conservative investment philosophy. But for the institutional and professional
investors that dominate the MBS market, the low risk tolerance is often dictated by legal or
contractual investment restrictions, portfolio allocation needs, regulatory capital requirements, or
simply lack of technical capacity to analyze credit risk. Therefore, when an investment loses its
“risk -free” status— as many private MBS did during the financial crisis — these investors typically
reallocate their capital to other low-risk investments, rather than following the affected asset down
the credit ladder. In some cases, the investor may still purchase the asset for other — generally
smaller — portfolio segments. In other cases, the investor abandons the asset altogether.
These investor preferences help explain the relative volumes in the three principal mortgage
securitization channels. The smallest channel, the purely private market, lacks any federal guarantee.
Securitizers in this channel historically employed “structural” credit enhancements, such as
subordination and over-collateralization,26 to mitigate credit risk to investors and earn a nearly “risk -
free” AAA rating for the largest, most senior class of their MBS. Securitizers could also obtain
third-party credit insurance at the individual loan level or pool level to help achieve this objective, as
illustrated in Figure 4. But “private label” MBS have had difficulty securing AAA ratings since the
onset of the credit crisis, while expanded GSE eligibility criteria have reduced the volume of
26 Subordination refers to the practice of carving mortgage pools into distinct risk slices, or“tranches.” Holders of senior tranches receive payments before holders of junior tranches. Theyalso receive lower returns. Overcollateralization describes the practice of issuing MBS with anaggregate face value lower than the face value of the associated mortgage collateral. The extracollateral provides a buffer against higher-than-expected default rates.
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mortgages potentially available for this channel. As a result, new private label issuance has been
reduced to a trickle dominated by mortgages that exceed GSE size limits (called “jumbo”
mortgages).
Figure 4: Private Financing with Third-Party Insurance
MBS Insurers
Securitization
Trusts
Loan payments
MBS Investors$ for MBS
MBS payments /
MBS
Fee for “wrap” ofMBS (as applicable ) Pays investors when
cash flows from
mortgages fall short
Homeowners
Loan-Level
Insurers
Payment of
claims (as
applicable)
Lenders /
Securitizers
$ for home
purchase
Whole
loans$ for whole
loansServicers
(as applicable) (as applicable)
Insurance
premiums (as
applicable)
At the other extreme of the credit risk spectrum, Ginnie Mae guarantees the timely
repayment of principal and interest on MBS backed by mortgages that are insured by the FHA, VA,
and other government agencies. Under the Ginnie Mae securitization framework, approved private
issuers assemble pools of government-insured mortgages and issue Ginnie Mae MBS backed by the
pools.27 Rather than purchasing or securitizing loans itself, Ginnie Mae simply guarantees the MBS
(see Figure 5). At first glance, Ginnie Mae’s MBS-level guarantee may appear to duplicate the loan-
level guarantee provided by another government agency. But it is instrumental in protecting
investors from possible delays in scheduled payments, since the loan-level insurers typically do not
pay claims until after foreclosure. The guarantee also protects investors from fraud or underwriting
mistakes that might void the underlying coverage.
27 Ginnie Mae issuers use independent custodians, rather than trusts, to hold the assets.
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Figure 5: Ginnie Mae Securitization
Ginnie Mae
Lenders /
Approved Issuers
Loan payments
MBS Investors$ for MBS
MBS payments /
MBS
Fee for Ginnie Mae
“wrap” of MBS Pays investors if
approved issuers
default
Homeowners
Government
Insurers (FHA, VA,
etc.)
Insurance
premiums Pay claims
when
homeownersdefault
$ for home p urchase
Servicers
The third and largest securitization channel operates through the GSEs, Fannie Mae and
Freddie Mac. The GSEs purchase loans meeting specific underwriting criteria (“conforming loans”)
from lenders and aggregators, package the loans into pools, and sell MBS to investors. Like Ginnie
Mae, they guarantee the timely payment of principal and interest to investors (see Figure 6). As a
result of the widespread (and ultimately correct) assumption that the U.S. government stood behind
the GSEs, these investors also assumed effectively no credit risk. As commonly observed, investors
in GSE MBS received the best of both worlds: they enjoyed higher yields than investors in explicitly
guaranteed securities, but they had practically no loss exposure in light of the U.S. government’s
effective guarantee.
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Figure 6: GSE Securitization
GSEs / GSE
Trusts
Loan payments
MBS Investors$ for MBS
MBS payments from
trusts / MBS
Homeowners
PMIs
Payment of
claims (as
applicable)
Lenders$ for home
purchase
Whole
loans $ for wholeloans
Servicers
(as applicable)
Insurance
premiums (onloans > 80%LTV)
GSEs pay investors
when cash flows
from trusts fallshort
Each of these various mortgage financing methods — portfolio funding, private label
securitization, Ginnie Mae securitization, and GSE securitization — represents a different way of
apportioning risks arising from the underlying mortgages. Portfolio lenders retain credit risk
(sometimes mitigated by mortgage insurance), interest rate risk, and prepayment risk on loans they
hold in their portfolios. Securitization typically transfers interest rate and prepayment risk to MBS
investors. But the ultimate holder(s) of credit risk after securitization varies with the particular
structure. Table 3 describes how credit risk is distributed in the various financing channels.
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Table 3: Allocation of Credit Risk
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Since the financial crisis, securitization has remained the primary financing method for new
mortgages in the United States, and the GSEs and Ginnie Mae have supported almost all new
mortgage securitizations (see Figure 7). Bank portfolio lending, which accounted for roughly 15%-
20% of mortgage originations in the years immediately preceding the crisis, declined sharply as the
crisis unfolded.28 One reason for the decline in bank portfolio lending (and, arguably, private label
securitizations) is the temporary expansion of eligibility criteria for GSE and government-insured
loans. Another reason is the domination of new production by 30-year fixed-rate mortgages, which
depository institutions, with their short-term variable rate funding, have only limited capacity to hold
(as discussed further in Section III.b, below). As mentioned above, private label securitizations have
virtually ceased (aside from a trickle of jumbo mortgage securitizations).
Figure 7: Share of New Securitizations
Source: 2012 Mortgage Market Statistical Annual, Inside Mortgage Finance; Inside MBS & ABS (July 6, 2012).
28 See John Krainer, Federal Reserve Bank of San Francisco Economic Letter 2009-33, “RecentDevelopments in Mortgage Finance” (Oct. 26, 2009), Figure 3,http://www.frbsf.org/publications/economics/letter/2009/el2009-33.html.
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While current levels of direct government support are anomalous, the government has
always played a major, if not dominant, role in the post-war U.S. mortgage market. This was true
even at the peak of private label MBS production. Although the private label market constituted
56% of new MBS issuance in its peak year of 2006, private label MBS constituted only 31.9% of
outstanding MBS in 2007.29 The GSEs and Ginnie Mae constituted the remainder of the
securitization market.30
ii. A Serious Gamble
The federal government’s abrupt withdrawal from the majority of the housing finance
market would fundamentally alter the dynamics for other participants. GSE MBS investors would
hesitate, and perhaps refuse, to replace their federally guaranteed investments with private label
securities. Legal and contractual constraints would preclude many MBS investors from investing as
much, or at all, in private label MBS. Others might choose not to accept credit risk or simply lack
the technical skills to manage it. A mass exodus from the MBS market would be a plausible
consequence of full privatization.
It is difficult, if not impossible, to estimate the potential magnitude of the rate increase in
this scenario.31 It is tempting to look to historical interest rate spreads between non-GSE-eligible (or
“jumbo”) loans and GSE (“conforming ” ) loans for guidance. This jumbo-conforming spread
reflects the risk premium investors demand for foregoing the safety and liquidity provided by the
GSEs. As illustrated in Figure 8, the spread was relatively small in the decade immediately preceding
29 OFHEO, “A Primer on the Secondary Mortgage Market,” Mortgage Market Note 08-3 (July 21,2008), 2-3, http://www.fhfa.gov/webfiles/1242/MMNOTE083.pdf .
30 The GSEs’ share of outstanding MBS in 2007 was 62%. Ginnie Mae’s share stood at 6.1%. Seeibid., 2.
31 See Mark Zandi and Cristian deRitis, “The Future of the Mortgage Finance System ,” Moody’s Analytics (Feb. 7, 2011), 11, http://www.economy.com/mark-zandi/documents/Mortgage-Finance-Reform-020711.pdf .
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the mortgage crisis but grew significantly once the crisis commenced. However, even this larger
jumbo-conforming spread likely understates the potential rate increase in a purely private system, for
several reasons. First, private label securitization accounted for only a small minority of MBS during
this period. If the private label market had to expand in size to support the entire housing market —
approximately 20 times current levels — interest rates could increase even more. As noted above, the
universe of investors willing and able to purchase non-guaranteed MBS is much smaller than the
universe of guaranteed MBS investors, especially now that previously ubiquitous AAA-rated MBS
are not available.32 Even the spread at the peak of the private sector market, in 2006, has limited
predictive value, since we now know that these rates were grossly inadequate to compensate
investors for the risk they assumed.
Figure 8: Interest Rate Spreads on 30-year Fixed Mortgages
Source: J.P.Morgan, “2011 Securitized Products Outlook” (Nov. 24, 2010), citing bankrate.com.
In any event, the issue is not the exact magnitude of the mortgage rate increase associated
with a purely private system, but the impossibility of estimating it within a reasonable margin of
32 See J.P.Morgan, “2011 Securitized Products Outlook ” (Nov. 24, 2010), 20-21.
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Establishing nationwide standards for mortgage servicers;
Eliminating conflicts of interest for mortgage servicers;
Limiting the ability of a borrower to obtain a second mortgage without the approval of the
first mortgage holder;
Requiring disclosure of loan-level information at issuance and periodically thereafter;
Standardizing securitization documentation, such as pooling and servicing agreements with
model representations and warranties; and
Clarifying legal and accounting sales treatment.
Meanwhile, uncertainty surrounding key regulations has further impeded the revival of
private label securitization. As of this writing, the industry has begun to digest new regulations
concerning borrower “ability to repay ,” but regulations concerning securitizer risk retention remain
in draft form. The proposed risk retention regulations, developed by federal regulators pursuant to
section 941 of the Dodd-Frank Act, generally would require securitizers to retain 5% of the credit
risk associated with securitized mortgages sold to investors. The statute exempts certain loans from
this requirement, including “qualified residential mortgages” (QRMs), a term regulators have
considerable flexibility to define. Industry commenters have argued that a narrow definition would
limit lenders’ ability to participate in the private label securitization market.
Once reforms are implemented in both segments of the housing finance system —
government-backed and private label — the government can encourage increased private label market
share by increasing the federal guarantee fee and/or narrowing the classes of mortgages eligible for
Subcommittee of Capital Markets and Government Sponsored Enterprises of the House Committeeon Financial Services, September 7, 2011,http://financialservices.house.gov/Calendar/EventSingle.aspx?EventID=257327.
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the guarantee.35 In an ideal world, the government backstop will recede in importance over the
years, or even become obsolete. Indeed, if the private label market attains sufficient scale and
stability, policymakers could choose to remove the federal guarantee altogether (after weighing
attendant risks to the consistent supply of affordable credit). Equipped with the appropriate tools,
the government could manage the shift toward privatization in a gradual manner that is sensitive to
fluctuating political and economic conditions.36
Thus, while this paper proposes reforms that preserve, for the time being, a broad role for
government-guaranteed MBS, we do not believe the existence of government-guaranteed MBS
would preclude robust private label activity in the future. Nor do we believe that a reformed federal
backstop need necessarily persist forever. Rather, this paper suggests a set of institutional reforms
to the conventional conforming mortgage market that serve the dual objectives of protecting
taxpayers and ensuring the consistent availability of affordable mortgage credit for as long as it is
necessary and desirable to do so. When policymakers and industry participants have implemented
reforms to revitalize the private label market and its potential becomes clearer, policymakers can
then determine the appropriate balance, if any, between the government-guaranteed and private
label mortgage markets. At this moment, it is a false choice.
iv. Tail Risk and Taxpayer Exposure
The present need for a government backstop does not mean that the government must
accept as much credit risk as under the GSE system, whether before or after conservatorship. Some
35
There is precedent for such supra-competitive pricing. The Federal Reserve is required by law toinclude a Private Sector Adjustment Factor (PSAF) in the fees it charges for providing services todepository institutions such as checks, Automated Clearing House, Fedwire funds, and Fedwiresecurities. The PSAF is designed to prevent the Federal Reserve from undercutting private sectorproviders of these services. A similar mechanism might be utilized here.
36 While we believe removing the federal backstop on a fixed schedule is not appropriate,policymakers could consider designing market-based triggers for reducing the scope of the backstopor requiring legislative re-authorization of the backstop after a fixed period.
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increase in the cost of mortgage credit should occur as the system decreases uncompensated risk-
taking and increases the amount of private capital supporting the risk. Indeed, as discussed below,
the objectives of affordability and consistency can be achieved with risk to taxpayers that is highly
remote. If structured properly, a federal backstop creates potential taxpayer exposure only during a
catastrophic market breakdown.
That said, as long as a federal backstop exists, the realities of tail risk in the mortgage market
will make total elimination of taxpayer risk impossible.37 “Tail risk” refers to the potential for highly
unlikely but catastrophic losses.38 It poses particular difficulties in markets characterized by long
periods of healthy growth punctuated by sudden contractions of unpredictable timing and severity.
The U.S. mortgage market is such a market. While the present credit crisis represents the first
serious national housing downturn in the United States since the Great Depression, such downturns
occurred on a regional scale in the 1980s and early 1990s. Federal intervention cushioned the
impact of larger scale shocks, as described above. These contractions can have both
macroeconomic causes (e.g., high unemployment) and causes internal to the mortgage market (e.g.,
poor underwriting). While prudent regulation and countercyclical capital requirements can help
minimize the depth of any contractions, there is no reason to believe they can prevent them.
Furthermore, the severity of downturns cannot be predicted with confidence. A vicious cycle of
default, foreclosure, and housing price depreciation — or a downward spiral in the broader
economy — can yield massive losses. Although the most extreme loss scenarios seem unlikely even
over a long time horizon, they cannot be ruled out.
37 Even in the absence of an explicit federal backstop, total elimination of taxpayer risk is likelyimpossible, since markets may nevertheless believe the government will intervene in a crisis.
38 The term “tail risk” originates from the graphical curves used to represent statistical probabilitydistributions. The extreme outer edges —or “tails”— of such curves represent outcomes whoseoccurrence is highly improbable.
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III. Methodology
Housing finance reform is an enormous task. Decades of policies promoting housing have
woven subsidies and incentives into our economic and social fabric. The future role of government
in the secondary mortgage market is just one aspect of housing finance reform, albeit a critical one.
The task is further complicated by the potential consequences of poor policy decisions. As the last
financial crisis demonstrated vividly, the central role of the housing sector in the U.S. economy
amplifies any mistakes made in housing policy. Given the consequences of error, we must proceed
carefully.
a. Problems with Comprehensive Reform
As an initial matter, we make no attempt to offer a proposal for “comprehensive” ref orm of
the housing finance sector. As explained below, wholesale abandonment of existing financing
methods and institutions would be difficult and costly, and the potential benefits are far from clear.
i. Difficulty of Comprehensive Reform
Comprehensive reform is very difficult to get right. Policymakers contemplating housing
finance reform confront a daunting array of variables, many of which influence other variables in
unknown or unpredictable ways. Changes to one aspect of the system create new challenges in
other areas that require time and resources to tackle. The interactions among the many players
involved in housing finance, the possibility of unintended consequences, and the continued fragility
of the housing sector and overall economy suggest that experimenting with radical change is
imprudent.
Comprehensive reform is also very difficult to get done. Building the requisite broad-based
political support for comprehensive reform would be challenging in any political climate, let alone
the current one.
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ii. Path Dependence and the Cost of Transition
The second argument against a comprehensive approach is that it does not seem worth the
cost. Radical change would impose on a still-fragile market the considerable costs of assembling
new infrastructure and resolving the problems that arise in the course of transitioning to any new
system. Thus, any radical departure from the existing system must have compelling advantages and
minimal disadvantages. This might be described as a “path dependence” problem: the current
system evolved along a certain path, and the relevant players devised interrelated sub-systems to
address many specific hurdles along the way. This far down the road, turning back is expensive.
The many problems caused by path dependence range from highly disruptive to merely
costly. An example of the former is the risk of significant disruptions to the To Be Announced
(TBA) market. The TBA market allows investors to buy and sell MBS with predetermined
characteristics (e.g., interest rate, term, etc.) that have not yet been issued. The trades are then
settled following issuance. The TBA market allows lenders to hedge interest rate risk between the
time they commit to lend and the time they sell the loan into the secondary market. This enables
lenders to guarantee (or “lock”) a borrower’s rate between pre -approval and closing. Without such
locks, many home purchases would fall through when rate changes prior to closing alter the
borrower’s monthly payment (and thus the amount of credit available). The higher “fallout” rates in
mortgage origination pipelines would also increase the costs of mortgage origination and thus the
cost of mortgages.
Deep and efficient markets in GSE and Ginnie Mae “TBAs” have been operating smoothly
for decades. However, the current TBA market depends on MBS homogeneity and credit risk
guarantees. Major structural changes to the mortgage market — such as elimination of government
guarantees or creation of a large number of different GSEs — risk serious and perhaps fatal
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employers face significant legal and cultural barriers to terminating employees. Although
unemployment in these jurisdictions can be higher, the probability of an employed borrower
losing his or her job is significantly lower. All other things being equal, these differences
would tend to lower mortgage rates in these other countries.
Health insurance: Health-related expenses are also a leading cause of mortgage defaults in the
United States. Almost all other developed countries have universal health insurance systems
that significantly reduce the chance that health expenses will lead to financial distress. All
other things being equal, these differences would tend to lower mortgage rates in these other
countries.
Social safety net: Other aspects of the social safety net can also affect homeownership rates and
mortgage affordability. For example, more generous unemployment benefit regimes can
also help cushion the blow of job loss to household income. Similarly, strong retirement
security systems can reduce the importance of building home equity over time, while making
it easier for parents to pass their home to their adult children or to assist them with their first
home purchase.
Per-capita housing consumption: As noted in Section II.a, homeownership rates mask many
relevant differences in the nature and extent of housing consumption, including home size,
plot size, household size, and location. All other things being equal, one would expect
higher homeownership rates in housing markets characterized by smaller homes, multifamily
housing, multi-generational households, and higher density urban plans.
Homeownership and/or rental subsidies: Tax subsidies or other forms of government support for
homeownership or rentals influence homeownership rates. Developed countries vary widely
in the nature and extent of housing subsidies provided outside the housing finance system.
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Restrictive regulations affecting owner-occupied and/or rental properties: Zoning restrictions, rent
control statutes, and other regulatory factors can heavily influence the availability and cost of
homes and rental units.
Without controlling for these kinds of variables — which may not be fully possible given their sheer
number and the difficulty of quantifying them — simple comparisons between homeownership rates
convey limited information about the effectiveness of different housing finance systems.
Setting aside empirical comparisons, we can nevertheless consider whether systems that exist
in other countries seem better from a theoretical perspective. For example, do other countries seem
to achieve consistent and affordable mortgage credit without heavy government involvement? Here
again, the benefits and drawbacks of other systems are more complex than they might appear.
Consider, for example, the typical European covered bonds model, the distinctive Danish covered
bonds model, and the balance sheet lending model prevalent in the United Kingdom and Canada.
Covered bonds, which are common in Europe, offer an alternative financing method for
residential mortgages. Instead of securitizing loans, financial institutions issue debt collateralized by
the loans while retaining them on their balance sheets. Financial institutions are obligated to repay
the debt regardless of loan performance, and investors have priority access to the collateral in case
the issuing financial institution becomes insolvent. In comparison to the “originate to distribute”
model of securitization, many believe that covered bonds improve lender incentives to underwrite
high-quality loans. In addition, European covered bonds do not generally carry an explicit
government guarantee.
However, the benefits of covered bond systems in Europe should not be overstated. Only
in Denmark (discussed further below) do covered bonds provide the majority of mortgage funding.
And only in Denmark does the covered bond market supply predominantly long term fixed-rate
mortgages. In other countries, variable rate or hybrid mortgages saddle borrowers with interest rate
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risk that they may not be equipped to manage. While the global interest rate environment has been
relatively benign in recent decades, a rapid increase in rates could produce many defaults in countries
that rely mostly on variable-rate mortgages. In addition, covered bond investors generally demand
very strict underwriting standards and high down payments. Without an explicit government
guarantee, investor appetite for serving the riskier segments of the marketplace appears low.
Finally, it is not true that the European covered bond model features minimal government
involvement. Covered bonds have long benefited from a perception that governments will not let
major banks fail. Since 2008, European governments (now acting through the European Union)
have confirmed their commitment to support their banks and prevent losses to bank creditors,
including holders of covered bonds. Thus, in the nature and extent of government involvement, the
European covered bond model seems fairly similar to the old U.S. GSE system of privatized gains
and socialized losses.39
As mentioned above, long term fixed-rate mortgages dominate the Danish covered bond
market. In fact, Denmark is the only developed country besides the United States where these
mortgages are widely available. The Danish housing finance system is characterized by the much-
lauded “balance principle,” whereby each mortgage is funded by a covered bond with matching face
value, maturity, and interest rate. Under this framework, borrowers can refinance their mortgages by
purchasing matching bonds from the market either at par or current market prices, whichever is
more favorable to the borrower. Thus, when interest rates fall, borrowers will generally refinance by
paying off the current principle balance (i.e., par value of the bond). Borrowers in the United States
39 While covered bonds may not represent a potential panacea for the U.S. housing finance system,U.S. policymakers should consider covered bonds as a possible supplement to securitizationfinancing. Ideally, a covered bond market would increase the diversity of U.S. mortgage financingchannels and contribute to system-wide resilience. Lawmakers in the House and Senate arecurrently pursuing legislation to promote a robust covered bond market. As of this writing, thebipartisan United States Covered Bond Act has passed the House Financial Services Committee, anda similar bipartisan bill bearing the same name is pending in the Senate Banking Committee.
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have the same option. But when interest rates rise, Danish borrowers can extinguish their
mortgages by purchasing the matching bond at its market price, which will typically be discounted to
reflect the new interest rate environment. In this way, Danish borrowers can decrease the amount
owed on their mortgages.
However, nothing is free. In a rising interest rate environment, Danish borrowers will pay
higher interest rates on their refinanced mortgages, thus partially or fully negating the benefit of
reducing their principal balances. For borrowers seeking to relocate, the ability to pay off the
remaining mortgage at a discount would be more beneficial. But these borrowers will also pay for
this privilege — in the form of higher interest rates at origination.
In the United Kingdom and Canada, most mortgages are funded by bank deposits. Since
banks have limited capacity to carry long-term fixed-rate mortgages (as explained below), variable
rate and hybrid mortgages predominate. Moreover, bank deposits in both countries enjoy a mix of
formal and ad hoc guarantees that, if not as comprehensive as in continental Europe, provide a
significant measure of indirect taxpayer support to mortgage finance.
In addition, the Canadian housing finance system relies heavily on direct government
guarantees. Virtually all Canadian mortgages that are securitized carry an explicit government
guarantee. Among those held on bank balance sheets — i.e., the majority of Canadian mortgages — a
substantial portion of the credit risk is also borne, directly or indirectly, by the Canadian
government. Canadian law requires that all mortgages with loan-to-value ratios (LTVs) greater or
equal to 80% be fully insured. The Canada Mortgage and Housing Corporation, an arm of the
government, provides this insurance directly. Private companies, such as Genworth Financial
Canada and Canada Guaranty Mortgage Insurance Company, also provide mortgage insurance in
Canada. But the Canadian government provides reinsurance against 90% of the risk underwritten
by PMIs.
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As this brief survey of international housing finance systems illustrates, the search for a
single “best” system is misguided. A serious examination of alternative models reveals that they
involve comparable or greater degrees of taxpayer risk, depend on subsidies or legal arrangements
not found in the United States, or do not necessarily achieve the levels of home purchase
affordability that their advocates claim (or at least would not do so in the United States). Choices of
policy objectives, institutional structures, and legal arrangements seem to require a number of trade-
offs about which reasonable people will disagree.
b. A More Modest Approach
For all of the reasons discussed above — including the difficulty, cost, and unclear benefits of
radical reform — we adopt a more modest approach in this paper. We begin by identifying the
design elements central to the U.S. housing finance system and reviewing how they work. We then
assess whether these existing design elements have served their intended purposes. To the extent
they have not, we identify their shortcomings and propose a solution. As described in more detail
below, we preserve as many desirable features of the current system as possible, while modifying
certain institutional arrangements to address identified deficiencies.
i. Building Blocks of the Current System
As discussed in Section II.b, all mortgage finance systems allocate interest rate risk,
prepayment risk, and credit risk in a specific manner. They accomplish this allocation through two
means:
Mortgage instrument design . This includes the contractual terms governing interest rate,
maturity, prepayment, recourse to other personal assets, and other variables.
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Institutional arrangements . This includes the nature of the various players involved in lending,
securitizing, insuring, and investing in mortgage instruments and the legal and regulatory
framework governing their activities and relationships.
The typical U.S. mortgage instrument is a long-term (usually 30-year), fully pre-payable,
fixed-rate mortgage.40 As noted above, MBS issuance finances the vast majority of fixed-rate
mortgages. In order to entice a broader group of investors to purchase MBS, Fannie Mae and
Freddie Mac provide a guarantee of timely repayment of principal and interest on their MBS. The
guarantee — combined with now-explicit government support — allows investors to ignore credit risk
arising from the underlying mortgages securing each issuance. On high-LTV mortgages (i.e.,
mortgages above 80% LTV) sold to Fannie Mae and Freddie Mac, federal statutes require that PMIs
or other third parties bear much of the credit risk. In the private label market (now almost
nonexistent), both financial institutions and investors bear credit risk. However, most investors
insulate themselves from this risk by purchasing senior tranches of MBS and requiring issuers to
include other “credit enhancements,” such as overcollateralization or pool-level insurance.
Advocates of fixed-rate mortgages argue that they are preferable to adjustable-rate mortgages
because they transfer interest rate risk from borrowers to financial institutions and investors. 41
Borrowers are often ill-equipped to manage fluctuating monthly payments. In contrast, financial
institutions and investors have the capacity and sophistication to manage this risk. But this transfer
of interest rate risk to financial institutions is not without drawbacks. Banks rely on shorter-term,
40
Most states permit recourse to borrowers’ personal assets if foreclosure proceeds are insufficientto extinguish the loan. However, because the process of pursuing deficiency judgments iscumbersome and typically yields low net recoveries, lenders and servicers have done so relativelyinfrequently. See “Lenders seek court actions against homeowners years after foreclosure,”Washington Post (June 15, 2013), http://www.washingtonpost.com/investigations/lenders-seek-court-actions-against-homeowners-years-after-foreclosure/2013/06/15/3c6a04ce-96fc-11e2-b68f-dc5c4b47e519_story.html.
41 Borrowers generally pay a higher rate to compensate these parties for assuming interest rate risk.
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variable rate funding (e.g., deposits). As a result, they have limited capacity to bear the interest rate
risk associated with long-term fixed-rate mortgages. The failure of many S&Ls as interest rates rose
during the early 1980s focused attention on this problem. Mortgage securitization effectively solved
it. Through securitization, mortgage lenders transfer interest rate risk (along with prepayment risk)
to institutional investors, such as life insurance companies and pension funds, with greater
willingness and capacity to manage and absorb it. Of course, mortgage lenders continue to retain
credit risk and interest rate risk on loans held in portfolio, but capital requirements and interest rate
risk limits tightly constrain their portfolio funding capacity.
To a large extent, mortgage instrument design drives institutional arrangements. For
example, a housing finance system that relies primarily on adjustable-rate or hybrid-adjustable-rate
instruments need not rely to the same extent on securitization or interest rate hedging by financial
institutions. Institutional arrangements are also influenced by the legal powers and levels of
government support provided to key institutions, such as banks, mortgage insurers, and GSEs.
ii. Fixing What is Broken
In light of the various drawbacks and complications associated with “starting from scratch,”
our proposal adopts a more pragmatic approach. Instead of re-thinking the terms of the typical
mortgage instrument — which drive the current allocation of interest rate and credit risk in the
housing finance system — we attempt to resolve the problems exposed by the recent crisis through
changes to institutional arrangements. In doing so, we avoid creating new financial entity charters or
new government agencies where existing participants have the expertise, infrastructure, and
regulatory apparatus to perform the role in question.
Broadly speaking, the recent credit crisis revealed two shortcomings in the GSE system: (1)
too much credit risk creation; and (2) improper credit risk allocation. The first problem was
epitomized by origination of “predatory” sub-prime loans, “no doc” loans, and other mortgages for
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IV. Proposal
Our proposal would make two fundamental changes to the housing finance system that
preceded the September 2008 conservatorships of Fannie Mae and Freddie Mac. First, our proposal
would replace the implicit, uncompensated federal guarantee on which investors relied before the
crisis with an explicit, compensated guarantee. Second, our proposal would position sufficient
private capital in front of taxpayers such that only a catastrophic market meltdown would pose a risk
of taxpayer loss. Critically, our proposal would minimize transition costs, avoid creating new federal
charters, and preserve to the largest extent possible the elements of the current system that function
well. As discussed above, policymakers might decide to reduce or remove the government
guarantee in the future if the private label market develops sufficiently.
This section describes the mechanics of our proposed housing finance system before
discussing certain aspects in more detail, including the ways in which our proposal would
accomplish the goals described in Section II. We also include a separate sub-section on variations
and alternatives to our proposal. The latter sub-section considers the pros and cons of other reform
ideas currently in circulation, as well as ones that might arise in connection with our proposal.
a. Mechanics
Our proposed mortgage securitization system comprises the following participants:
i. Lenders
Lenders of all sizes would continue to originate mortgage loans and either retain them in
their asset portfolios or, more commonly, sell them into the secondary market.
ii. Government Guarantor
The government guarantor would administer a federal guarantee of timely repayment of
principal and interest on MBS backed by conventional conforming mortgages. Unlike Fannie Mae
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and Freddie Mac, the government guarantor would not purchase or securitize loans or hold a large
portfolio of MBS. Rather, it would rely on private market participants to perform these functions.
Furthermore, the private MBS issuers would bear primary responsibility for servicing the underlying
loans and making on-time payments to investors. The government guarantor would simply attach
its guarantee, or “wrap,” to privately -issued MBS for a fee, paying out only in the event of issuer
default. In addition, the government guarantor would administer and enforce common standards
for underwriting, servicing, product design, financial strength, and risk management to which the
other system participants must adhere. The government guarantor’s commitments would be general
obligations of the United States.
The GSEs, currently in conservatorship, would wind down after transferring to the
government guarantor any personnel and infrastructure necessary to perform its new
responsibilities. Alternatively, the GSEs could be nationalized and restructured to serve as the
government guarantor. We suggest other possible candidates for government guarantor below.
iii. Approved MBS Issuers
Private financial institutions would originate and/or purchase new whole mortgages and
issue government-guaranteed MBS to investors. Only issuers approved and monitored by the
government guarantor would exercise this authority. The requirements for approval would parallel
those applied to current Ginnie Mae issuers, but with appropriate adjustments to account for
differences in the number and nature of issuers and the risks they present. Unlike Fannie Mae and
Freddie Mac, which competed with one another for business from the largest issuers through
volume discounts, the government guarantor would be able to offer a level playing field for large
and small issuers alike.42 Therefore, we would expect a large number of approved MBS issuers of
42 In addition, our proposal would narrow or remove the regulatory capital advantage for banks thatsell loans to the GSEs in exchange for GSE MBS (“swap-and-hold” originators), compared with
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various sizes. Indeed, the government guarantor would need to place limits on issuer concentration
in order to control and diversify its own exposure, whether directly through issuer market-share
limits or indirectly through changes to servicing compensation structures or other economic
variables.
iv. Private Mortgage Insurers
PMIs would provide mandatory loan-level insurance on mortgages underlying government-
guaranteed MBS. In doing so, they would conduct full and independent underwriting of each loan.
Chartered and regulated by the states, PMIs currently insure large numbers of conforming
mortgages. For over 40 years, Congress has required GSE-purchased loans exceeding specified
LTV thresholds to carry third-party credit enhancements, which invariably take the form of PMI. A
comparable requirement for conventional conforming mortgages would help protect the
government guarantor and its issuers from default-related losses. The new structure could
incorporate a mix of PMIs that operate today and new PMIs.
Required coverage levels must be sufficient to ensure that PMIs shoulder substantially all
losses in a given pool of mortgages in all non-catastrophic loss scenarios. We use the term “non-
catastrophic” in this context to describe scenarios that do not arise from “tail risk.” The range of
“non-catastrophic” scenarios should be wide enough to provide a very high degree of statistical
confidence that losses will not exceed coverage levels over the relevant time horizon. There is some
(typically smaller) banks engaged in simple portfolio funding. Currently banks must hold more
regulatory capital against residential mortgage loans than GSE MBS. This provides an incentive toengage in swap-and-hold transactions. But if the swap-and-hold originator were required toguarantee its own MBS, as it would under our proposal, bank capital rules (including newly-finalizedrules implementing Basel III) would require the originator to hold capital against its guaranteeobligation. Even if the originator shifted much of the credit risk to a PMI, as we propose below, it would still be required to hold capital against its guarantee. Moreover, in the event future bankcapital rules provide greater capital relief for PMI, originators seeking to retain mortgage assets ontheir balance sheets will not need to securitize the assets to obtain such relief.
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room for policymakers to make marginal trade-offs between affordability and taxpayer risk when
setting confidence levels without compromising the system’s basic objectives. Generally, however,
we would expect a “catastrophic” scenario to have an estimated probability on the order of
hundredths of a percentage point, as predicted by rigorous statistical modelling and stress testing.
While 100% (i.e., unlimited) PMI coverage is a possibility, coverage levels calibrated for
“non-catastrophic” scenarios would be more workable as a practical matter. In normal market
conditions — even during downturns — average loss severity does not come close to 100%. A more
reasonable approximation for normal market conditions might be around 40%.43 Even estimates of
average loss severity on loans originated during the height of the mortgage bubble — where fraud
and subprime loans were highly prevalent — do not exceed 80%.44 The capital costs of insuring
deeper layers of risk are prohibitive given the relatively simplistic PMI regulatory capital regime (as
discussed below).
43 See, e.g., Glenn B. Canner, Wayne Passmore, and Brian J. Surette, “Distribution of Credit Riskamong Providers of Mortgages to Lower-Income and Minority Homebuyers ,” Federal ReserveBulletin (December 1996), 1099 (Table B-1) (showing loss severity as a function of original loanamount ranging from around 28% for lower LTVs to around 48% for very high LTVs),
http://www.federalreserve.gov/pubs/bulletin/1996/1296lead.pdf ; Min Qi and Xiaolong Yang,“Loss Given Default of High Loan-to-Value Residential Mortgages,” OCC Economics WorkingPaper 2007-4 (August 2007), 12 (Table 2) (showing loss given default as a percentage of unpaidbalance by combined LTV ranging from 11% to 49% during the economic downturn period of 1990to 1994 in the New England region), http://www.occ.treas.gov/publications/publications-by-type/economics-working-papers/2008-2000/wp2007-4.pdf ; and Vassilis Lekkas, John M. Quigley,and Robert Van Order, “Loan Loss Severity and Optimal Mortgage Default,” Journal of the American Real Estate and Urban Economics Association (1993), 360 (Table 1) (showing averageloss severity as a percentage of mortgage balance not exceeding 25% during the 1975 to 1990 timeperiod), http://urbanpolicy.berkeley.edu/pdf/LQOinAREUEA93.pdf .
44 See, e.g., TCW, Mortgage Market Monitor (Oct. 2012), 43 (showing aggregate loss severity on
subprime loans rising from approximately 20% to 70% of unpaid principal balance over the 2005 to2012 period),https://www.tcw.com/News_and_Commentary/Market_Commentary/Insights/~/media/Downloads/Commentary/Fixed%20Income%20Research/Fixed%20Income%20Commentary/MBS_ABS/110612_Mortgage%20Market%20Monitor%20Oct%202012.ashx; and Fannie Mae 10-Q (June 30,2012), 42 (Table 24) (showing average loss severity rates ranging from 51% to 77% for Alt-A andsubprime loans through 2007 by vintage),http://www.fanniemae.com/resources/file/ir/pdf/quarterly-annual-results/2012/q22012.pdf .
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Though we do not recommend a specific coverage level for mandatory PMI, it should be
possible to estimate the approximate range of coverage levels that would be required to cover all
“non-catastrophic” risk. For these purposes, average loss severity— while possibly suggestive — is
insufficient. Instead, detailed information on the distribution of losses would be required,
particularly those losses exceeding the average. Policymakers could use this distribution curve to
select a coverage depth that goes beyond average loss severities in normal market conditions and
downturns and covers all “non-catastrophic” risk.
Even in normal market conditions, however, losses on a small number of “outlier” loans
would exceed deep PMI coverage levels. The issuer would absorb these routine losses using its own
resources or resources embedded within the securitization structure (such as overcollateralization or
reserve accounts). Issuers would also absorb all losses on loans for which PMI coverage has been
rescinded for breach of contractual representations and warranties. In a catastrophic market
scenario, both the PMI and, potentially, the issuer would suffer deep losses. Consequently, they
would share strong incentives to uphold prudent underwriting standards.
We would expect the PMI industry under our proposal to look significantly different from
the existing industry. While existing PMIs are logical participants in this new system, they would
need significantly more capital to insure the volume of loans contemplated by this proposal.
Increased demand for mortgage insurance, combined with different risk profiles associated with
deeper coverage and specific investor risk appetites, may also attract new entrants to the market.
Like all plans for partial re-privatization of mortgage finance, our proposal requires the
availability of fresh equity capital willing to absorb mortgage credit risk. We are fairly optimistic that
such equity will materialize. Historically, the number of PMI industry participants has waxed and
waned based on the demands of the market. Even the height of the present crisis saw the launch of
two significant new entrants and the recapitalization of several existing firms. The demand
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guaranteed by the PMI mandate will facilitate this capital formation by making valuation easier. In
any event, if such capital is not available, any attempt to re-privatize the market without significantly
shrinking it is probably doomed.
Figure 9: Proposed Structure of the Conventional Conforming Securitization Market
Government
Guarantor
Lenders /
Approved Issuers
Loan payments
MBS Investors$ for MBS
MBS payments /
MBS
Fee for government“wrap” of MBS Pays investors if
approved issuers
default
Homeowners
PMIs
PMI premiums
(as applicable)Pay claims
when
homeowners
default
$ for home purchase
Servicers
b. Candidates for Government Guarantor
The role of government guarantor could be played by an existing federal agency, a
nationalized and restructured version of the GSEs, a new federal agency created from scratch, or a
hybrid of these options. This choice does not affect the essential elements of our proposal, since in
each case the government guarantor would perform identical functions. However, as discussed in
the Methodology section, above, we suggest minimizing potential transition costs and dislocation by
harnessing, where possible, existing participants that have the expertise and infrastructure to
perform a given role. In this respect, among existing governmental or quasi-governmental
institutions, the GSEs and Ginnie Mae have the most to offer. Policymakers could simply choose
between these entities and make necessary adjustments, but they should also consider hybrid
solutions. In particular, policymakers could arrange some type of merger between the two entities,
retaining the most desirable aspects of each. Alternatively, policymakers could create an entirely new
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operates, substituting PMIs for government agencies as loan-level insurers. Notably, like GSE MBS,
Ginnie Mae MBS already enjoy a deep and liquid market, including a TBA market, and many GSE
MBS investors are already authorized to purchase them. As of February 2013, Ginnie Mae had over
300 approved issuers, including mortgage companies, banks, thrifts, credit unions, and state housing
finance agencies.46
Selecting Ginnie Mae as the government guarantor would, in some respects, restore the
institutional arrangements that pre-dated the present system. Ginnie Mae originally arose from the
restructuring of Fannie Mae, which itself had been established as a wholly-owned government
corporation in 1938. Between 1938 and 1968, Fannie Mae purchased government-insured
mortgages (FHA mortgages initially, but also VA mortgages starting in the 1940s) and retained them
in its portfolio, thereby ensuring a liquid secondary market for these mortgages. Increased demands
on Fannie Mae in the late 1960s, combined with government accounting changes, aggravated the
burden of the system on a federal budget already strained by the Vietnam War. The 1968
restructuring alleviated this burden by privatizing Fannie Mae and limiting Ginnie Mae to MBS
guarantees, which have less budgetary impact than loan purchases.47
However, like the GSEs, Ginnie Mae would require significant changes to serve as
government guarantor. Its new duties would require enhancements to Ginnie Mae’s operational
46 Seehttp://www.ginniemae.gov/doing_business_with_ginniemae/issuer_resources/approved_issuers_document_custodians/Pages/single_family.aspx. Ginnie Mae’s president has expressed concern overthe fact that a few firms issue the majority of Ginnie Mae MBS. As a result, these large issuers tendto dominate the Ginnie Mae servicing market. See “GNMA Quandary: Product, but not enough
Issuers,” National Mortgage News (September 5, 2011), http://www.nationalmortgagenews.com/nmn_features/product-not-enough-issuers-1026473-1.html. This poses two possible problems. First, the failure of a large issuer/servicer could have amaterial impact on Ginnie Mae. Second, these issuer/servicers could use their market leverage toimpede or impose constraints in the form of uncompetitive pricing on the ability of smaller lendersto access Ginnie Mae’s guarantee. 47 Ginnie Mae also inherited Fannie Mae’s legacy portfolio of government-insured mortgages, winding down the portfolio over time.
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infrastructure and risk management capabilities. For example, we believe Ginnie Mae would need to
substantially increase its headcount, which is currently approaching 100 (not including contractors,
on which Ginnie Mae relies heavily).48 In this respect, legislation exempting Ginnie Mae from the
general federal pay schedule would facilitate recruitment and retention of qualified personnel,
including seasoned GSE employees, by enabling Ginnie Mae to set pay commensurate with the
private sector. Removing Ginnie Mae from HUD could help make it more attractive to former
GSE employees and other private-sector financial professionals.
Additionally, Ginnie Mae would need to augment its risk management capabilities and
systems to appropriately manage the new risks it would face. To be sure, Ginnie Mae already
manages significant tail risk, since VA loans comprise approximately 30% of its current volume.
Unlike the FHA, which provides full loan-level insurance (except certain foreclosure-related costs),
the VA provides only a partial guarantee — generally up to 25% of the loan amount. However,
Ginnie Mae has identified outdated information systems as a key area for improvement. 49
Moreover, unlike the GSEs, Ginnie Mae does not currently operate a PMI qualification and
monitoring regime.
In sum, both Ginnie Mae and a consolidated and nationalized version of the GSEs represent
strong candidates for government guarantor, but each would require substantial changes. Their
different strengths and weaknesses could argue for some form of merger that retains the best
qualities of each. Alternatively, policymakers might conclude that political considerations favor
48
In 2010, Ginnie Mae officials called for an increase in staff to 160. GAO, Ginnie Mae: Risk Management and Cost Modeling Require Continuing Attention , GAO-12-49 (November 2011), 19,http://www.gao.gov/assets/590/586247.pdf . Ginnie Mae historically has operated with few staffand many contractors because contractors, unlike staff, can be funded by agency revenues withoutobtaining annual appropriations. Ginnie Mae recently has undertaken efforts to decrease reliance oncontractors for critical functions. Ibid., 24-30.49 See ibid., 30-31. According to Ginnie Mae officials, the agency expects to complete a three yearinformation systems modernization project by late 2013.
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creation of an entirely new agency.50 (Indeed, assigning new responsibilities to existing entities could
agitate their detractors.) If so, we recommend that policymakers orchestrate an orderly transfer or
sharing of key systems, personnel, and knowledge between the new agency and existing players.
Ideally, the chosen solution will not only minimize transition costs but also avoid wasteful
duplication of functions within the federal government.
Regardless of which entity or amalgamation of entities becomes the government guarantor,
it and other participants in our proposed system could harness elements of the modernized
secondary market infrastructure currently being developed by the FHFA and GSEs. As reported in
the FHFA’s February 2012 conservatorship strategic plan,51 the FHFA and GSEs are developing key
systems and standards that will be made available to all market participants. Efforts underway
include:
Standardization of mortgage-related data collected and reported by lenders;
Development of improved compensation structures for mortgage servicers;
Uniform servicing protocol for delinquent mortgages (already implemented);
Improved disclosures of loan-level information to investors;
50 For example, the Mortgage Finance Act of 2011 (S. 1963), introduced by Senator Isakson inDecember 2011, would create a new Mortgage Finance Agency to perform functions similar tothose of our government guarantor.51 See FHFA, A Strategic Plan for Enterprise Conservatorships: The Next Chapter in a Story that Needs an Ending (February 21, 2012),
http://www.fhfa.gov/webfiles/23344/StrategicPlanConservatorshipsFINAL.pdf . The FHFAsubsequently incorporated the contents of this document into its draft Strategic Plan: Fiscal Years2013-2017 ,http://www.fhfa.gov/webfiles/23930/FHFA%20Draft%20Strategic%20Plan%202013-2017.pdf . In October 2012, the FHFA released for public comment a white paper further detailing theproposed framework for a common securitization platform and a model pooling and servicingagreement. FHFA, Building a New Infrastructure for the Secondary Mortgage Market (October 4, 2012),http://www.fhfa.gov/webfiles/24572/FHFASecuritizationWhitePaper100412FINAL.pdf .
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Development of a modernized securitization platform, with an open architecture that can
accommodate multiple issuers, as well as different kinds of securities and underlying loans;
and
Development of an improved and standardized pooling and servicing agreement.
c. Creditworthiness of PMIs
Our proposed system would rely heavily, though not exclusively, on the creditworthiness of
PMIs. In order to give other market participants confidence in this creditworthiness, our proposal
must address the principal questions surrounding the capacity and willingness of PMIs to pay claims.
These are, respectively, capital adequacy and rescission.
i. PMI Capital Adequacy
PMIs are subject to state regulatory regimes specifically tailored to long-term mortgage credit
risk. These regimes include solvency standards designed to enable PMIs to withstand cyclical
volumes of mortgage defaults, which generally peak infrequently but with potentially catastrophic
consequences for the insurer. States also limit the ability of PMIs to take on risk by enforcing
restrictions on PMI investments, risk concentrations, and other business activities.52
The PMI capital regime consists of two principal requirements — the maximum risk-to-
capital ratio and contingency reserves.53 The maximum risk-to-capital ratio — generally set at 25-to-
1 — places a limit on PMIs’ overall leverage. Risk in this context means the maximum potential
claim the PMI might have to pay.
52 For a more extensive discussion of PMI regulatory regimes, see “The Role of Private MortgageInsurance in the U.S. Housing Finance System” (January 2011), http://www.promontory.com/uploadedFiles/Articles/Insights/622%20Genworth%20Study%20I%20-%20Role%20of%20PMI.pdf . 53 PMI loss absorption capacity also includes two principal non-capital components: current earningsfrom new and performing policies and loss reserves reflecting expected losses from delinquentloans.
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PMIs are also required to accumulate large “contingency reserves” in anticipation of the
more extensive losses they might experience in a deep housing recession. PMIs must generally
retain as contingency reserves 50% of earned premiums for 10 years. If the insurer experiences high
losses during a given year, the insurer may draw down its reserves to pay claims.
The counter-cyclical structure of PMI contingency reserving requirements is designed to
compensate for the mortgage market’s tendency to experience long periods of healthy growth
punctuated by sudden severe downturns. The requirements prevent insurers from declaring
excessive dividends or otherwise dissipating reserves that might be needed to pay claims in a highly
adverse loss scenario. As a result of the contingency reserve requirements, PMIs normally operate
with capital in excess of that required by the 25-to-1 risk-to-capital ratio. During housing
downturns, however, PMIs can draw on their contingency reserves and may approach or breach the
risk-to-capital limit.
The current U.S. housing downturn represents the most severe test of the PMI regulatory
regime since the Great Depression. Since the downturn, three of eight pre-existing PMIs have
ceased writing new policies, one in 2008 (Triad Guaranty Insurance Corp.) and two in 2011 (PMI
Mortgage Insurance Co. and Republic Mortgage Insurance Co.).54 Regulators have ordered the three
firms to pay only partial claims due to uncertainty about their ultimate claims-paying capacity. 55
According to a recent analyst report, the claims obligations of Triad, a relatively small PMI, likely
will exceed its available resources.56 Three other PMIs have exceeded, or are about to exceed,
statutory risk-to-capital ratios and have obtained regulatory waivers or established separately
54 See “Business Curtailed for Old Republic’s Mortgage Insurer,” Wall Street Journal (Jan. 20, 2012).PMI Group, Inc. subsequently filed for bankruptcy.55 zIngenuity, “Mortgage Insurance Industry Report” (July 2012), 1.
56 Ibid., 5.
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capitalized subsidiaries to continue writing new policies.57 (To date, these three PMIs continue to
pay claims in full and to write new policies.) The industry remains under pressure as a result of tight
credit conditions, a weak economy, high unemployment rates, lower property values, and
dramatically diminished market share relative to the FHA.58 Most of these factors seem unlikely to
abate in the near term.
Capital adequacy ratios eventually may improve as PMI legacy books run off and
delinquency levels drop on more recently-written policies. Ironically, the withdrawal of Triad, PMI
Mortgage Insurance, and Republic Mortgage Insurance as competitors presents the remaining PMIs
with opportunities to earn additional premiums.59 Nevertheless, the fate of the remaining PMIs will
depend on the recovery of the housing market, which remains uncertain.60
We do not take for granted the adequacy of the current PMI capital regime. Critics inside
and outside the industry have voiced reasonable concerns with aspects of the regime. Some have
complained that state-approved special releases from reserves during good times and capital
forbearance during bad times weaken the regime’s effectiveness. Others have observed some
57 See MGIC Investment Corp. Form 10-Q (Nov. 9, 2012), 8, http://phx.corporate-ir.net/phoenix.zhtml?c=117240&p=irol-sec; Radian Group Inc. Form 10-Q (Nov. 13, 2012), 16,http://www.radian.biz/page?name=SECFilings; and Genworth Financial, Inc. Form 10-Q (Nov. 2,2012), 97, http://phx.corporate-ir.net/phoenix.zhtml?c=175970&p=irol-sec. The other legacyPMI, United Guaranty, remains well within its risk-to-capital limit. Seehttps://www.ugcorp.com/about/financial_strength.html.
58 See Standard & Poor’s “Republic Mortgage Insurance Co. and Republic Mortgage Insurance Co.of North Carolina” (July 19, 2011), 3-4.
59 See “Radian Shares Popped: What You Need to Know” (September 7, 2011),
http://www.fool.com/investing/general/2011/09/07/radian-shares-popped-what-you-need-to-know.aspx. On the other hand, new entrants also are picking up some of the slack. EssentGuaranty, Inc. entered the market in 2010 with $600 million in committed capital. Another newentrant, NMI Holdings, Inc., officially launched in April 2013 with over $500 million in capital. Seehttp://essent.us/index.php/home/about/; http://www.nationalmi.com/.
60 See generally zIngenuity, “Mortgage Insurance Industry Report” (July 2012); Standard & Poor’s,“Will The Sea Change In Lending Standards Be Enough To Buoy U.S. Mortgage Insurers?” (Oct. 8,2012).
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potential for arbitrage of established risk limits through use of multiple subsidiaries. Still others have
raised more fundamental concerns about a lack of risk sensitivity in the regime, arguing that the risk-
to-capital rules are too stringent for less risky mortgages and not stringent enough for risky ones.
Some even question whether monoline financial guarantors can ever hold enough capital to remain
healthy during severe downturns in their particular markets.61
We do not believe that these concerns should preclude firms licensed and regulated as PMIs
from playing the role contemplated by our proposal. The current state-imposed capital regime,
whatever its flaws, serves as a sensible starting point for capital requirements in the new system. But
both state and federal authorities can go further. In the new structure, the government guarantor
would inherit the GSEs’ existing authority to set minimum eligibility standards for PMIs. The
government guarantor should be required to address some criticisms of the capital regime — such as
risk insensitivity, corporate group leverage, and forbearance by regulators — to ensure compatibility
with the allocation of risks our proposal contemplates.
At a minimum, we would expect the government guarantor to apply risk limits on a
consolidated basis (i.e., across corporate entities) and to prohibit PMIs from using early releases
from contingency reserves to pay dividends. In the years preceding the recent financial crisis, PMIs
repeatedly obtained regulatory permission to pay extraordinary dividends,62 and it appears that a
significant portion of these dividends were paid from contingency reserves. This practice partially
undermined the contingency reserve framework and has yielded risk-to-capital ratios materially
lower today than they otherwise would be.
61 Their performance during the financial crisis to date, relative to other players, offers at least apreliminary response to this question.62 Under state insurance law, “extraordinary dividend” is commonly defined as any dividend that,together with other dividends issued within the past year, exceeds the greater of: (i) 10% ofpolicyholders’ surplus (as of the preceding year-end); or (ii) net income minus realized capital gains(as of the preceding year-end). See, e.g., N.C. Gen. Stat. § 58-19-30(c).
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reallocate capital held against mortgage risk, but contingency reserve requirements would limit PMIs’
ability to do the same. In adverse mortgage market conditions, PMIs might strain under the weight
of their concentrated risk, but more diversified issuers could absorb losses with earnings from other
businesses and capital held against other risks. The combination of diversified issuers and monoline
PMIs yields a balanced level of protection for the government guarantor through the cycle.
ii. Rescission
The foregoing discussion has focused on the financial capacity of PMIs to bear risk. In
recent years, relatively high levels of PMI coverage rescissions have also raised questions about the
reliability of PMI coverage agreements, particularly among banks, bank regulators, and private label
MBS investors. PMIs may rescind coverage for fraud or misrepresentation, failure of the lender to
follow prescribed underwriting guidelines, or missing documentation in the loan file. 68
Given the prevalence of fraud and underwriting exceptions during the peak of the housing
boom,69 the recent elevated rates of rescission are not surprising.70 Indeed, rescission rights became
68 See Amherst Securities Group LP, “PMI in Non-Agency Securitizations,” Amherst Mortgage Insight(July 16, 2010), 3, 12.69 The Financial Crisis Inquiry Commission (FCIC) catalogued the growing incidence of mortgagefraud as the housing bubble inflated. See “Financial Crisis Inquiry Commission Report” (January2011), 160, http://fcic.law.stanford.edu/report. For example, in testimony before the FCIC, anexecutive from a risk management firm described the firm’s review of a statistically significantsample of randomly selected closed loans originated by a variety of lenders from 2005 to 2007. Thereview found that 13% of all loans in the sample, and 38% of loans in foreclosure at the time of thereview, contained material misrepresentations or omissions at origination sufficient to justify therescission of mortgage insurance or to form the basis of a repurchase demand. See “Supplemental Testimony of Ann Fulmer” (September 2010), 2-3,
http://fcic.law.stanford.edu/resource/document-archive. Using FBI and Financial CrimesEnforcement Network (FinCEN) data, criminologist and former regulator William Black estimatedthat, at the peak of the mortgage bubble, over 1.5 million loans originated per year contained someelement of fraud. See “Testimony of William K. Black” (September 2010), 17, http://fcic-static.law.stanford.edu/cdn_media/fcic-testimony/2010-0921-William-Black.pdf . Suspicious Activity Reports (SARs) related to mortgage fraud increased almost 20-fold from 1996 to 2005. SeeFinCEN, “Mortgage Loan Fraud: An Industry Assessment Based on SAR Analysis” (November2006), 2, http://www.fincen.gov/news_room/rp/reports/pdf/MortgageLoanFraud.pdf . A 2007Office of Federal Housing Enterprise Oversight (OFHEO) report noted a “significant rise in the
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increasingly important during the boom as PMIs expanded delegated underwriting programs. Under
pressure from large originators and the GSEs, quality control audits of loan samples — with
rescission as the remedy for exceptions — increasingly replaced the loan-by-loan “review
underwriting” that long characterized the industry.
That said, even when justified by the conduct of originators and issuers, high rates of
rescission could detract from the effectiveness of PMI as a form of credit protection for the
government guarantor. While disagreements concerning specific policy agreements continue, PMIs
are adopting forward-looking measures to address this broader concern. These measures include
reduced reliance on delegated underwriting, enhanced systems for detecting underwriting and
documentation irregularities at the time of policy origination, and new contractual limitations on the
extent and duration of rescission rights. Under our proposal, we would expect Congress or the
government guarantor to restrict or prohibit the use of delegated underwriting and require a return
to loan-by-loan review underwriting. The government guarantor would also monitor closely the
improvements already underway and impose any additional requirements deemed necessary to
protect taxpayers. Such requirements must strike a balance between the risk that rescissions might
pose to the government guarantor and the need for effective deterrence of issuer misconduct, which
itself poses significant risks to the government guarantor. In a properly functioning system,
rescissions, though less frequent due to loan-level underwriting by PMIs, would continue to serve as
incidence of fraud in mortgage lending ” over the preceding year-and-a-half. See OFHEO, “2007Performance and Accountability Report,” 13,
http://www.fhfa.gov/webfiles/2085/OFHEOPARNovember2007508.pdf . Shoddy documentationmay have contributed to these high levels of fraud. From 2002 to 2007, low- and no-doc loansquadrupled from less than 2% to approximately 9% of all outstanding loans. 80% of Alt-A loanssecuritized in 2006 had limited or no documentation. See “Financial Crisis Inquiry CommissionReport” (January 2011), 110.
70 Rescission rates of 20%-25% have been common during the downturn, compared with long termhistorical rates of 5%-10%. See Moody’s Investors Service, “US Mortgage Insurers’ [sic] Remain Weakly Capitalized,” Special Comment (August 17, 2010), 6.
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a necessary enforcement tool against errant lenders.71 However, the culpable lender/issuer, rather
than the government guarantor, would pay the price.
d. Attainment of Goals
Our proposal would accomplish the two goals discussed in Section II while avoiding many
of the transition costs that could accompany more radical restructuring. First, the proposal would
ensure a consistent supply of affordable mortgage credit by retaining the features of GSE MBS that
are attractive to current GSE MBS investors. Like GSE MBS, the “new” MBS would provide a
higher return to investors than Treasury securities. The government’s “full faith and credit”
guarantee would satisfy even the most skittish MBS investor’s concerns about credit risk.
Furthermore, assuming the government guarantor is either Ginnie Mae or a nationalized successor
to the GSEs, its MBS already trade in the highly liquid TBA market. In short, one would not expect
an investor “mass exodus” from the GSE MBS market to follow a trans ition to the new government
guarantor. Nor would MBS investors have cause to flee from the new MBS during a credit crisis,
since the federal government would stand behind the MBS.
The proposed framework would also fulfill our second objective: minimizing risk to
taxpayers. It would do so in three principal ways: (1) positioning multiple layers of private capital in
front of the taxpayers; (2) ensuring that these layers of private capital have strong incentives to
control risk; and (3) imposing appropriate capital requirements on key participants.
The pre-crisis GSE system exhibited major weaknesses in these areas. First, the insolvency
of one type of entity, the GSEs, was enough to expose the taxpayers to massive losses. Guarantees
from other private participants in the system — such as seller/servicers and PMIs — were narrow in
71 An important but easily-overlooked procedural component of this enforcement tool is post-claiminvestigations by PMIs. Any regulatory requirements in this area should strike an appropriatebalance between issuers’ need for timely claims processing and PMIs’ need to investigate claimsbefore payment.
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GSEs’ on a risk-adjusted basis. In practice, however, the contingency reserve requirement led PMIs
to accumulate much higher capital positions during the boom, providing a cushion when the crisis
materialized. At year-end 2006, PMIs held total capital of $17.5 billion and had $158 billion of risk
in force.72 By contrast, the GSEs held total capital of $78.1 billion and had off-balance sheet
mortgage exposure of $2.9 trillion.73 Thus, even before taking into account on-balance sheet risks,
PMIs held over four times as much capital per unit of exposure as the GSEs (albeit against a riskier
pool of mortgages). Meanwhile, the GSEs’ capital also had to support their highly leveraged
portfolios of mortgage securities, including large holdings of risky collateralized mortgage
obligations. PMIs, on the other hand, had relatively low on-balance sheet leverage and securities
portfolios consisting mostly of investment grade government and corporate bonds. (State laws
generally prohibit PMIs from investing their surplus and reserves in mortgage-related instruments.)
Our proposed system would provide more robust protections for the taxpayers, in large part
by addressing the prior weaknesses discussed above. Under our proposal, multiple layers of private
capital would stand between the federal government and borrower credit risk (see Figure 10). First,
private MBS issuers would bear all losses in front of the government guarantor. In turn, issuers
would rely heavily on PMIs to shoulder virtually all losses resulting from non-catastrophic market
scenarios. Only upon issuer default would the government guarantor make payments to investors.
Even then, it would face no significant losses unless a catastrophic housing crisis left PMIs unable to
pay claims or resulted in unusually severe losses on a significant number of mortgages.
72 See MICA 2007-2008 Fact Book & Membership Directory, 21,http://www.privatemi.com/enespanol/news/factsheets/2007-2008.pdf . 73 See Freddie Mac 2006 Annual Report, 118, 130,http://www.freddiemac.com/investors/ar/pdf/2006annualrpt.pdf ; Fannie Mae 2006 Form 10-K,101, 105,http://www.fanniemae.com/ir/pdf/sec/2006/form10k_081607.pdf .
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Under our proposal, the government guarantor would be required to ensure that the
combined capital resources of PMIs and issuers are sufficient to absorb all losses short of a
catastrophic collapse of the national housing market. Critically, unlike the GSEs, approved issuers
and PMIs would not benefit from implicit or explicit guarantees at the entity level; these entities
would be permitted to fail. Moreover, under the Dodd-Frank Act, any system participant deemed
systemically significant would be subject to enhanced Federal Reserve Board supervision and to the
FDIC’s Orderly Liquidation Authority in the event of insolvency.
Figure 10: Layers of Credit Protection in the Proposed System
• Homeowners make monthly
mortgage payments
• Improved underwriting
required by Dodd-Frank Act
decreases probability of
default
• PMIs pay claims on mortgages
in default
• Claims generally processed
after foreclosure
• Issuers make up any shortfall
to investors until
reimbursements rec eived
from PMIs
• Issuers permanently absorb
losses where underwriting
representations and
warranties breached or PMI
coverage exhausted
• Government guarantor pays
investors if issuers default on
their payment obligations
• Government guarantor will
typically recover from PMIs
any losses due to issuer
default
• U.S. Government stands
behind government guarantor
• Government guarantor
reco ups any major shortfall
over time through fee
increases
Homeowners PMIs GovernmentGuarantor
Repayment
MBS
Investors
MBS IssuersPayments
To be sure, the government guarantor’s explicit guarantee would reduce market discipline
for approved issuers and PMIs, just as deposit insurance reduces market discipline for banks.
However, our proposal improves incentives that existed under the old GSE system in two important
ways. First, exposure of PMI and issuer stakeholders to severe losses, combined with the absence of
any mechanism for government support, will create market discipline. Market discipline will apply
both within and among institutions. For example, unlike under the old GSE system, individual
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lender/issuers will have strong incentives to monitor the creditworthiness of PMIs. Just as
importantly, the government guarantor will have strong incentives to ensure that approved issuers
and PMIs are able to meet their obligations. The government guarantor will face a statutory
imperative and congressional pressure to avoid losses, while largely avoiding the competitive and
earnings pressures that plagued the GSEs. Admittedly, the government guarantor will inevitably
face some countervailing political pressure to promote homeownership, and it will surely be
conscious of private sector competition that could shrink its volumes. Even so, it will face a more
desirable mix of incentives than the pre-crisis GSEs. Indeed, to some extent such tensions are
helpful in ensuring that the government guarantor remains responsive to public preferences and
market conditions. Our proposed structure anticipates this need by incorporating some flexibility to
make marginal trade-offs between affordability and taxpayer protection, as discussed above.
e. Variations and Alternatives
We believe our proposed institutional framework represents the most efficient and effective
way to implement the two necessary reforms to the pre-crisis GSE system: establishment of an
explicit federal guarantee and placement of substantial private capital in front of it. However,
numerous potentially workable variations and alternatives exist, including:
Nationalizing the current GSE operating model;
Establishing a pre-funded federal guarantee fund;
Chartering new private entities to replace the GSEs;
Permitting issuers to transfer less or no risk to PMIs;
Authorizing the FHA to provide catastrophic reinsurance to PMIs;
Creating a PMI industry guaranty association;
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Requiring issuers to create uninsured, subordinated tranches in connection with each
guaranteed issuance; and
Choosing a primary federal PMI regulator other than the government guarantor.
Some of these options would merely tweak our proposed system, while others would fundamentally
change it. This sub-section addresses how these variations and alternatives might work and why we
have not proposed them.
i. Nationalizing GSE Operating Model
Instead of using the current Ginnie Mae operating model as a starting point for reform,
Congress could convert the GSEs to permanent government-owned corporations while otherwise
operating them in the current manner. The new GSEs — or a single consolidated GSE — would
purchase mortgages from lenders and sell government-backed MBS to investors, much as they do
now. But the securities issued by the new GSEs would carry an explicit government guarantee, not
an implicit guarantee, and the new GSEs would not earn profits beyond those needed to build an
appropriate credit reserve.
To minimize risk to taxpayers, the new GSEs could be structured to operate more like
market utilities and less like repositories for non-catastrophic credit risk. For example, they could
require lenders or insurers to bear substantial portions of the credit risk arising from the underlying
mortgages, or at least continue to require third-party credit enhancements on high-LTV mortgages.
Congress could also prohibit the GSEs from holding mortgages or MBS on their books for
investment.
This arrangement would represent a marked improvement upon the pre-conservatorship
GSE structure. Public ownership would address the problem of privatized gains and socialized
losses. To the extent the new GSEs were required to obtain even deeper third-party credit
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protection than the current GSEs, taxpayers would be more insulated from credit risk. Removal of
the GSEs’ authority to accumulate large retained mortgage portfolios for investment would address
another source of unnecessary risk concentration. Finally, because lenders, investors, and PMIs
already do business with the GSEs, the transition to public ownership need not disrupt established
industry arrangements.
However, since the new GSEs would not invest heavily in mortgages, an important question
arises: why would they need to purchase and securitize mortgages at all? Why not rely on private
entities to perform these functions and simply “wrap” the resulting MBS, as Ginnie Mae does? We
cannot find satisfactory answers to these questions. By relying on approved issuers to aggregate
mortgages and distribute MBS, a Ginnie Mae-type structure removes the government from the
housing finance process one step further, from both operational and risk perspectives. Approved
issuers provide an additional layer of private capital, beyond PMIs, that will absorb losses before the
government. Furthermore, the Ginnie Mae model relieves the government of the need to hold a
large liquidity portfolio, historically a risky and controversial feature of the GSE model. Instead,
issuers and servicers would provide the liquidity to administer the primary MBS guarantee.
ii. Pre-Funded Federal Guarantee Fund
A number of reform proposals call for a “catastrophic guarantee fund” that would hold large
reserves to protect taxpayers from potential losses in a severe market downturn. This fund would
be administered by the federal government and funded by fees on government-insured mortgages or
MBS. Absent such a fund, the government guarantor would maintain loss reserves reflecting
expected losses (i.e., the most likely outcome), rather than potential losses (i.e., the most severe
outcome).
Generally speaking, we are leery of proposals that require the government to accumulate
large reserve funds. While potentially satisfying politically, such funds are often merely creatures of
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internal government accounting and do not meaningfully increase the government’s capacity to
absorb losses. Alternatively, the existence of a large reserve fund may tempt elected officials to
utilize the fund for purposes not originally envisioned, which may increase taxpayer exposure. A
large standing fund would also require larger fees (essentially taxes) on mortgages. These fees would
reduce credit affordability.
Moreover, while large reserves must exist somewhere in the housing finance system, the
government need not administer all such reserves directly. Under our proposal, PMI contingency
reserves and issuer capital will play the role others envision for the catastrophic guarantee fund. The
government guarantor will have the power to ensure that these funds are adequate to support the
risks that PMIs and issuers are expected to assume. Meanwhile, the funds can be reinvested to
support other productive economic activity.
iii. New Private Entities to Replace GSEs
Some proposals that advocate a government wrap would create a new type of federally
chartered private entity to aggregate and securitize mortgages. Like the private MBS issuers
contemplated in our proposal, the new private entities (perhaps including the post-conservatorship
GSEs) would provide the primary guarantee of timely repayment of principal and interest on the
MBS. Also like our proposed issuers, these entities would pay guarantee fees to a government
insurer to secure the government’s backup guarantee.
We do not see the need for such separately chartered entities. As illustrated by the current
Ginnie Mae operating model, a well-designed federal system can rely on existing financial
institutions to aggregate and issue government-guaranteed MBS. Our proposed system would
feature all of the advantages generally associated with the separate-issuer model, including: federal
oversight of issuer capital levels; segregated loss reserves tailored to long-term mortgage credit risk;
and true sale accounting treatment for originators/sellers (discussed further below). In addition, as
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discussed in Section IV.c above, reliance on diversified issuers could increase overall system
resilience by counterbalancing the concentrated risk profile of the monoline PMIs. To the extent
equity markets favored dedicated issuing entities, they could be ordinary state-chartered
corporations, subject to solvency standards prescribed by the government guarantor. (With the
approval of banking regulators, the federal thrift charter could also be an option for such specialized
mortgage finance entities.)
iv. Less Risk Transfer from Issuers to PMIs
Our proposal would require issuers to obtain PMI covering all non-catastrophic credit risk.
As an alternative, issuers could retain more of this risk themselves, as do the current GSEs.
We decided against permitting higher levels of uninsured issuer risk for three reasons. First,
issuers would need large countercyclical reserves to manage significant long-term credit risk. As
discussed above, PMIs are currently subject to distinctive capital and reserving requirements, as well
as other prudential requirements, tailored to this risk. Rather than replicating this regulatory
framework at the issuer level — which would be difficult without a separate-issuer model — our
proposal harnesses the existing PMI industry and regulatory structure.
Second, giving issuers sole responsibility for credit risk and decision-making can aggravate
the risks arising from their conflicting incentives. As observed during the mortgage bubble, issuers’
desire to increase MBS sales may diminish their capacity to evaluate and manage credit risk. The
immediate payoff upon securitization can encourage issuers to underestimate the long-term risk.
Issuers that also originate mortgages encounter additional incentive conflicts that promote
the erosion of underwriting standards. The front-loaded compensation of originators during the
bubble often overshadowed the prospect of future losses, particularly from mortgages originated for
sale. Meanwhile, issuers that do not also originate mortgages can lose touch with shifting
underwriting practices and face pressures to weaken costly due diligence practices at the riskiest
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points in the cycle. The conflict between these short-term origination and securitization incentives
and prudent risk management practices will tend to decrease system stability and increase risk to
taxpayers.
Loan-level insurance by unaffiliated PMIs is less vulnerable to these conflicts. To be sure,
PMIs face long-term pressures if their underwriting criteria are tougher than those of their
competitors. But the revenue that PMIs receive from each loan comes only over time and is
relatively small in relation to their potential losses. This mitigates some of the short-term sales
incentives faced by originator/issuers. In addition, PMIs’ role in the origination process should
enable them to monitor shifting underwriting practices.
The third reason for requiring very high levels of credit-risk transfer from issuers to third-
party insurers is to secure the same accounting and regulatory capital treatment currently enjoyed by
Ginnie Mae issuers. Under current accounting standards, Ginnie Mae issuers treat eligible asset
pools as “sold” and do not need to consolidate such pools (or their related MBS) on their balance
sheets. Consolidation of the pools would significantly increase regulatory capital requirements and
dramatically shrink the capacity of mortgage lenders to extend credit. In the case of Ginnie Mae
issuers, the existing accounting treatment is premised on, among other factors: (1) the significant
level of control that the FHA/VA and Ginnie Mae indirectly exert over the issuer’s management of
insured mortgage assets; and (2) the issuer’s relatively small exposure to the risks of the pool in
comparison to these government entities.74 If the legal and institutional arrangements are structured
properly, issuers should be able to secure such accounting treatment for MBS pools comprised of
mortgages that are fully insured against expected losses by unaffiliated third parties (e.g., PMIs). But
74 For a detailed analysis, see letter from Joshua J. Denney, Associate Vice President of Public Policy,Mortgage Bankers Association, to Wesley Bricker, Accounting Group, SEC, dated February 10,2010, as well as attachment thereto,http://www.mbaa.org/files/Advocacy/2010/MBALettertoSEConDecisionConfirmation.pdf .
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higher issuer exposure to credit risk would threaten this result. Not only would issuers have higher
exposure to the securitized pools, but they would also likely demand greater control over
management of the assets.
Admittedly, for banking organizations, off-balance sheet treatment would only provide
regulatory capital relief with respect to the current leverage ratio requirement. Bank-issuers would
still have to hold risk-based capital against mortgages in pools they guarantee. Although “prudently
underwritten” single-family mortgages enjoy lower risk-weights than other types of private-sector
exposures, they do not merit the 0% risk weight assigned to the vast majority of mortgages in
Ginnie Mae pools. Such issuer capital is, from a systemic point of view, a substitute for the private
capital supporting mortgage risks at the GSEs under the old system. Although limits on leverage
impact both the availability and price of mortgage credit, the alternative is the excessive leverage that
characterized the pre-crisis housing finance system. Policymakers could choose to limit the impact
of such capital requirements by capping issuer exposure to losses in government-guaranteed pools.
But they must be conscious that every quantum of risk removed from the issuer shifts to the
taxpayer.
v. Government Mortgage Reinsurance
In order to maintain a consistent supply of mortgage credit during adverse market
conditions, our proposed housing finance system must ensure reasonable stability in: investor
demand for MBS, lender supply of mortgage credit, and third-party insurer capacity to underwrite
risk. Under our proposed system, the explicit federal MBS guarantee would remove investor
incentives to flee from credit risk, thereby ensuring relative stability in investor demand. Lender
willingness to provide credit would also remain relatively stable, provided that lenders could
continue off-loading most of the credit risk to PMIs (or other third-parties). But as the entities
holding the largest amount of credit risk, PMIs might need to tighten standards and reduce new
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insurance underwriting volumes as markets deteriorate. PMI capital and reserves would be large but
not infinite, and the government guarantor’s MBS wrap would not protect PMIs from failure.
Further disruption in the supply of mortgage credit could ensue in the event a large PMI became
insolvent or stopped writing new business.
Reinsurance for PMIs could help alleviate this problem. Under such an arrangement, the
reinsurer would absorb credit losses beyond a certain catastrophic threshold (i.e., “excess-of-loss”
reinsurance), thereby reducing the likelihood of PMI insolvency at the wrong time. However, for a
variety of reasons, independent private mortgage reinsurance is not available. Moreover, private
reinsurers would likely rein in new business at the same time as primary PMIs. A government
instrumentality adopting this role, such as the FHA, would be better positioned to absorb tail risk
and would likely continue underwriting new reinsurance policies in catastrophic market conditions.
However, FHA reinsurance would create additional taxpayer risk. Through the FHA,
taxpayers would be exposed to losses that PMIs would otherwise bear. Furthermore, the
reinsurance backstop could diminish PMIs’ risk sensitivity in certain market conditions. The
arrangement would thus place the government in a more prominent role than our proposed
structure, in which the interests of private institutions in avoiding their own insolvency serve as a
check on taxpayer risk. That said, the extent of the “moral hazard” created by FHA reinsurance
could be reduced by certain design features, such as applying the reinsurance to a PMI’s entire
annual book-of-business (rather than on each individual loan or pool) or conditioning payment of
reinsurance claims on a conservatorship process that dilutes or eliminates the claims of PMI equity-
holders.
Ultimately, disruptions in the supply of mortgage insurance cannot be ruled out absent a
federal guarantee of private insurance entities or federal reinsurance against the risks that would
threaten their solvency. However, potential disruptions can be rendered much less likely through a
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combination of strong capital and reserving requirements, orderly liquidation/restructuring tools,
and, if necessary, preventative measures to limit the systemic risk posed by individual firms. The
Dodd-Frank Act gives federal regulators new tools to accomplish these ends. Combined with the
regulatory powers we propose for the government guarantor, these tools could well prove sufficient
to maintain a consistent supply of mortgage insurance (and, therefore, mortgage credit) in adverse
market conditions.
vi. PMI Industry Guaranty Association
Under our proposed system, insolvency of one or more PMIs could increase the
government guarantor’s losses from issuer defaults, as well as contribute to issuer defaults directly.
For this reason, the government guarantor would impose eligibility standards on PMIs and monitor
their risk profiles. In light of the government guarantor’s significant indirect exposure to PMI
counterparty risk, additional safeguards are worth considering.
A PMI industry guaranty association (“GA”) would be one means of providing additional
taxpayer protection. In the event that a PMI failed to meet its ongoing obligations, the GA would
impose after-the-fact assessments on all surviving PMIs to cover the shortfall. State insurance GAs
have administered similar industry cross-guarantees within the property/casualty (P&C) and
life/health (L&H) insurance industries since the early 1970s. These existing GAs provide necessary
funds to wind down failing insurance companies and fulfill claims-paying obligations through after-
the-fact industry assessments.75 Policymakers could also authorize the PMI GA to issue
government-backed debt if necessary to meet short-term obligations while spreading out the
industry assessment burden over time.
75 For general background on these guaranty associations, see: http://www.nolhga.com, http://www.ncigf.org .
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However, the feasibility of a mortgage insurance GA depends on the structure of the PMI
industry that will develop under our proposal. We do not believe it is feasible given the current
market structure. With only six active firms in the PMI industry today (a seventh awaits additional
state licensing approvals to begin issuing policies), the industry may be too small to absorb the
potential costs of a large insolvency. In contrast, the P&C and L&H industries can spread costs
over a much greater number of firms, and high loss events are more likely to be specific to
individual insurers rather than industry-wide. Hobbling the PMI industry for years with significant
cross-guarantee obligations could also impair the industry’s ability to support consistent credit
availability or even jeopardize the solvency of other PMIs. These concerns merit further inquiry.
vii. Structural Subordination
Some GSE reform proposals would require issuers to create uninsured subordinate MBS
tranches within each pool collateralizing guaranteed MBS. These tranches would receive principal
and interest payments only after insured senior tranches. The subordinate tranches would take the
first losses.76
By placing the junior tranches outside the scope of the federal insurance backstop,
subordination would essentially privatize a portion of the market. In other words, limited
subordination would bring the more credit-risk-tolerant segments of the private label investor
universe into government-guaranteed securitizations, an appealing concept from a taxpayer-
protection perspective. We see merit in exploring subordination as a supplement to PMI or other
forms of third-party risk transfer. Just as the private label securitization market will regain market
share in the years ahead, private label investors could potentially grow market share within
76 Another variation would involve issuance to investors of credit-linked notes, with the proceeds ofthe notes held by the issuer as loss reserves and repayment of the notes linked to performance of thereference assets (i.e., mortgage pools).
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government-guaranteed securitization structures over time through investment in uninsured,
subordinated tranches.
However, a system that mandated subordination instead of PMI would have difficulty
achieving our policy objectives. To the extent the system permitted issuers to retain the
subordinated tranches, it would resemble the “Less Risk Transfer from Issuers to PMIs” variation
discussed earlier in this section, with all of its attendant disadvantages. To the extent issuers were
required to sell the subordinated tranches to third parties in order to issue guaranteed MBS, they
would face the fundamental constraint highlighted in Section II.b: limits on investor appetite for
credit risk. We lack confidence that investor demand for uninsured subordinate tranches will be
sufficient to achieve the goals of our proposal in the foreseeable future, particularly the goal of credit
affordability. Investors could demand high risk premiums for these assets, thereby increasing costs
to borrowers above levels possible under our proposal. Even if demand for subordinate tranches
reached a high enough level, recent experience with private label securitization indicates that this
demand could prove unreliable if loss rates increased. As conditions change, investors can shift
their capital to other markets. (In contrast, PMIs have strong incentives to pursue their business
model through the cycle.)
Some have suggested that the “funded” nature of structural subordination renders it mor e
reliable than PMI. That is, subordinate tranches of a securitization represent a pre-paid loss buffer,
whereas losses covered by PMI must be recouped from a PMI. Indeed, although the PMI
regulatory regime is designed to ensure that PMIs have sufficient “funded” capital on their balance
sheets to pay all claims, PMIs do not hold dollar-for-dollar capital against the risks they underwrite
(to do so would be prohibitively expensive). Therefore, unlike a subordinate tranche, a PMI
potentially could run out of capital, thereby exposing taxpayers.
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On the other hand, there are possible drawbacks to the government guarantor’s serving as
the primary federal regulator of PMIs. Even after integrating GSE functions for seller/servicer and
PMI oversight, the government guarantor would probably lack the full complement of powers and
personnel possessed by financial regulatory agencies. Moreover, if the government guarantor were
Ginnie Mae, it may be perceived as insufficiently independent or otherwise be exposed to some of
the general political criticism directed at HUD from time to time. Given the longstanding
competitive tension between the FHA and PMIs, some may also fear that Ginnie Mae’s existing
support of the FHA program could result in a bias towards that program over its new conventional
conforming program. Similarly, Ginnie Mae’s long -standing relationships with approved issuers
could result in a bias towards issuers over PMIs.
The FHFA is a possible alternative. The FHFA has specific expertise in housing finance and
mortgage-related insurance and is a fully functional, independent financial regulatory agency (though
not an insurance regulator). However, designating the FHFA as primary PMI federal regulator
effectively would add a second federal regulator for PMIs, since the government guarantor, as the
insurer of last resort under our proposal, must have certain minimum oversight and regulatory
authority over PMIs. In addition, fears of bias against PMIs may arise from the FHFA’s role as
regulator of the Federal Home Loan Banks (FHLBs), which would compete directly with the
conventional conforming system.
The federal agency with the most insurance expertise — the new Federal Insurance Office —
is an unlikely candidate in its current format. The Office lacks regulatory capabilities and housing
expertise, and its location within the Treasury Department may compromise its independence.
However, should future legislation establish more extensive federal regulation of property and
casualty insurance, and vest those regulatory powers in a newly independent Office, it might make
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constrains the extent to which this calibration can narrow the conforming mortgage definition, there
remains significant flexibility in determining its exact contours.
ii. Servicing and REO Disposition
Under many housing finance systems, including our proposal, the interests of mortgage
servicers may diverge from those of other participants that bear credit risk, such as investors, MBS
guarantors, and PMIs. To the extent credit risk is borne primarily by other parties, servicers may
seek to minimize their own operating costs and exposure to potential lawsuits, rather than
maximizing the value of the underlying assets. To mitigate undesirable incentives, other parties can
exercise control over servicer conduct or structure servicer compensation to better align the interests
of all parties. For example, the GSEs currently impose prescriptive servicing standards on approved
seller/servicers and exercise more direct control over the management and disposition of REO.
Under our proposal, the incentives of approved seller/servicers should be no worse than under the
current GSE system, and perhaps better, since seller/servicers under our proposal would retain
some level of credit risk (i.e., “skin in the game”). However, the particular allocation of credit risk
under our proposal may call for adjustments to existing arrangements for mortgage servicing and
REO disposition.
iii. Role of the FHA
The FHA is widely considered an appropriate repository for credit risk in mortgage market
segments not adequately served by private market participants. The FHA will continue to perform
this function under our proposal. However, the goal of minimizing taxpayer exposure could be
undermined if credit risk simply migrated away from the reformed conventional conforming market
and into the FHA market — where fewer layers of private capital stand in front of the taxpayers.
Policymakers should limit undesirable competition between the conventional conforming market
and the FHA market by appropriately targeting eligibility standards for FHA loans to underserved
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(but creditworthy) borrowers. This could be accomplished through, for example, limits on borrower
income, debt-to-income, and/or loan amount, with the relevant limit(s) calibrated against area
medians.
iv. Housing Goals
Policymakers must decide whether to modify or abandon the existing “housing goals”
framework. The housing goals require Fannie Mae and Freddie Mac to target a portion of their
activities towards supporting the housing needs of low- and moderate-income individuals, effectively
creating cross-subsidies among different borrower segments. While some believe the housing goals
are necessary to promote credit availability in underserved populations, others contend that they
encouraged Fannie Mae and Freddie Mac to take excessive risk without materially affecting credit
allocation. Our proposal can accommodate a wide range of solutions to this issue, including a
system with opaque cross-subsidies (such as the housing goals), more transparent cross-subsidies
(such as an affordable housing fund funded by guarantee fees), or no cross-subsidies at all.
v. FHFA and the FHLBs
Policymakers must decide the future roles of other institutions in the larger GSE system —
particularly the FHFA and the FHLBs. Under our proposal, the FHLBs could continue to operate
as they do now, subject to regulation by a smaller, more-focused FHFA. To the extent policymakers
adopted the variation discussed above involving separately chartered issuers, the FHFA could also
play a more robust role as their chartering and regulatory authority.
vi. Multifamily
Policymakers must determine the extent to which the multifamily mortgage market merits a
separate institutional structure. Multifamily loans have distinctive characteristics in comparison to
single-family loans. For example, multifamily loans are typically much larger, and the underwriting
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of multifamily loans — particularly large ones — is less conducive to standardization. Both the GSEs
and Ginnie Mae currently operate separate multifamily programs. In light of the special features of
multifamily loans, policymakers should consider the appropriateness of our proposed single-family
structure to the multifamily universe, including any necessary additions or adjustments.
vii. Apportionment of GSEs’ Legacy Losses
Finally, the wind down of the GSEs called for in our proposal will require policymakers to
decide important questions about legacy loss allocation. For example, should the government
attempt to recoup the Treasury’s full investment in the GSEs? Options for addressing any shortfall
would include special fees on new MBS issuances wrapped by our proposed government guarantor.
But such fees would increase the cost of credit for borrowers that did not necessarily benefit from
the old GSE system. Policymakers must also decide whether to provide continued government
backing for existing GSE debt and MBS. Withdrawal of federal support for trillions in outstanding
GSE commitments could have systemic repercussions. On the other hand, it is more difficult to
justify taxpayer subsidies that no longer support new issuances.
These and other questions deserve serious attention but fall outside the scope of this paper.
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V. The Treasury/HUD Options Revisited
As mentioned in Section I, the Treasury and HUD released a joint report titled “Reforming
America’s Housing Finance Market” in February 2011. The report suggested three options for
structural reform:
Complete privatization except for targeted FHA/VA/USDA guarantee programs . This option would
privatize the vast majority of the mortgage market. According to the report, possible
benefits would include greater capital allocation to non-housing-related sectors of the
economy (due to decreased incentives to invest in housing) and decreased taxpayer exposure.
They might also include decreased system-wide risk, since private actors would need to
exercise greater caution in the absence of a government guarantee. However, the report
states that this option could seriously impair mortgage credit affordability and consistency
over time. Furthermore, without a government backstop, deteriorating credit conditions
could cause a complete implosion of the market, which might necessitate ad hoc bailouts. In
light of this possibility, it remains unclear whether this option would actually decrease
system-wide risk or risk to taxpayers.
A broader federal backstop that would maintain a minimal presence during normal times and scale up
during a crisis . Like the option above, this option aims to minimize market distortions and
taxpayer exposure during normal times. But it would provide a government backstop during
market crises, thereby averting a complete market implosion or ad hoc bailouts.
Mechanisms for ensuring that the backstop remains minimal during normal times could
include above-market pricing for the federal guarantee and/or limits on the aggregate
quantity of government insurance sold. These mechanisms would adjust during market
crises to permit greater government involvement. However, the report notes that such
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scalability could prove difficult to achieve operationally. In addition, the absence of a more
consistent government backstop would likely reduce credit affordability during normal times.
A broader federal backstop that would maintain a more consistent presence throughout the housing cycle, but
with significant private capital in a first-loss position. Under this option, the government backstop
would take the form of an MBS wrap. The report suggests that private insurers might
provide primary MBS-level guarantees. The government backstop would charge premiums
for MBS “reinsurance,” and it would pay out only upon the primary insurer’s default.
According to the report, this option would provide the greatest assurance of credit
affordability and consistency. However, it could encourage private investors to allocate
excessive capital to housing. To the extent the backstop were underpriced, it would also
increase system-wide risk and risk to taxpayers.
The structure we propose could accommodate either the second or third option, as well as
points in between. It could also shift between the two options over time, as political preferences
and market conditions changed. The amount of the guarantee fee and the definition of
“conforming mortgage” would be the principal levers for effecting these shifts. High guarantee fees
and a narrower definition would shrink the role of the guaranteed market, while lower fees and a
broader definition would expand it.
Whether the first option would increase or decrease system-wide risk is debatable. Some
commentators consider government bailouts inevitable in a privatized housing finance system. If so,
the decrease in economic distortions that the report suggests might occur under the first option
would be temporary, if not illusory. Ad hoc government bailouts introduce highly undesirable
economic distortions and expose taxpayers to loss. On the other hand, the Dodd-Frank Act
provides federal regulators with new tools to limit the systemic risks posed by individual financial
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institutions. The potential efficacy of these tools remains unknown at this stage. At any rate,
because the affordability problem renders the first option unworkable, its implications for system-
wide risk and taxpayer protections are not decisive.
With respect to the second option, we are less concerned than the Treasury/HUD report
about the ability of a smaller guarantee system to scale up quickly during a crisis. As described
above, both the GSEs and Ginnie Mae have demonstrated the ability to expand rapidly during the
most recent crisis, as well as previous crises. This capacity could be increased further if, under our
proposed structure, the government guarantor had some limited authority to adjust guarantee fees
and the “conforming mortgage” definition without congressional action.
Still, in the near-term, the second option suffers from the same fatal flaw as the first: it
cannot ensure adequate affordability. Under this option, the government does not insure large
amounts of MBS during normal market conditions. As a result, MBS investors will bear increased
credit risk through most of the credit cycle. This could yield similar consequences for the size of the
investor pool and, ultimately, home purchase affordability, as the first option.
By process of elimination, only the third option remains. Unlike the first two options, the
third option ensures adequate credit affordability. From an investor perspective, an explicit
government guarantee would provide equal or greater safety and liquidity as the pre-conservatorship
GSE guarantee. The fee charged by our proposed government guarantor, in combination with
properly capitalized private issuers and PMIs, may increase the cost of credit somewhat; it is now
obvious that the pre-conservatorship GSE guarantee fees were underpriced. In addition, the GSEs’
disappearance from the ranks of whole-loan and MBS investors could shift aggregate demand for
loan purchases and MBS downward, thereby further increasing the cost of credit. (Unlike the GSEs,
the government guarantor would not keep a retained portfolio.) But the broad universe of MBS
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investors would remain intact, limiting the magnitude of potential cost increases compared to the
other options.
The Treasury/HUD report identifies two potential weaknesses in the third option. First, the
government guarantee could distort capital allocation in the economy by encouraging more
investment in housing-related securities than would otherwise occur. Increased allocation to
housing can mean decreased allocation to other sectors. However, the economic distortion wrought
by seven decades of federal housing guarantees and other homeownership subsidies is firmly
embedded in our economic and social fabric. Over several generations, such subsidies have shaped
the economic decision-making of households, the fiscal structure of municipal governments, the
formation of human and physical capital dedicated to housing, and the social context in which most
Americans live. Sudden removal of such subsidies — or even the expectation of their removal on a
fixed time table — risks far-reaching economic and social dislocation. It is hard to see how
Americans could accept such dislocation for the sake of the theoretical value of “efficient capital
allocation.” So long as the government backstop accurately measures risk and protects taxpayers, its
influence on capital allocation might be viewed as a matter of popular preference for
homeownership over other social goods.
The Treasury/HUD report also raises taxpayer protection as a potential concern with the
third option. Indeed, although our proposal seeks to minimize such risk, it cannot eliminate it. But
U.S. policymakers have consistently demonstrated some degree of tolerance for taxpayer exposure
when instrumental in achieving important social and economic objectives. The FDIC, FHA, and
Ginnie Mae provide examples of long-standing federal guarantee programs that pose some amount
of risk to taxpayers. These programs have withstood the test of time because they have done a
passable, if imperfect, job of controlling this risk.77 Our proposed government guarantor could be
77 Whether the FHA ultimately will survive the current downturn without a bailout remains unclear.
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expected to do the same for the conforming mortgage market. However, given the size of the
government guarantor’s potential exposure, policymakers should consider ways to insulate its risk
management processes and pricing policies from undue political influence.
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VI. Conclusion
As the policy debate on reforming the U.S. mortgage securitization market unfolds,
participants should focus on potential real-world impacts and articulate a coherent methodology for
translating goals into concrete reforms. Given the large number of moving parts in the housing
finance system — from mortgage instrument design to institutional arrangements — an approach that
constructs a new system from scratch will generate many competing solutions, each with little
chance of garnering enough support. Likewise, an approach that bypasses existing institutions and
market infrastructure will impose extra transition costs and dislocation.
This paper adopts a more pragmatic approach. It focuses on specific problems with the pre-
crisis securitization market and, to the extent possible, harnesses existing institutions in addressing
them. We believe this type of approach holds promise from a substantive perspective, as well as
from a political perspective.
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http://www.brookings.edu/~/media/Files/rc/papers/2011/0211_housing_finance_dynan_gay
er/0211_housing_finance_dynan_gayer.pdf .
13. Earley, Fionnuala. “What explains the differences in homeownership rates in Europe?” Housing
Finance International 19, no. 1 (Sept. 2004).
http://www.housingfinance.org/uploads/Publicationsmanager/0409_Hom.pdf . 14. Ellen, Ingrid Gould, John Napier Tye, and Mark A. Willis. “Improving U.S. Housing Finance
through Reform of Fannie Mae and Freddie Mac: Assessing the Options.” NYU Furman
Center for Real Estate and Urban Policy (May 2010).
http://furmancenter.org/files/publications/Improving_US_Housing_Finance_Fannie_Mae_Fr
eddie_Mac_9_8_10.pdf .
15. Fannie Mae. Form 10-K (June 30, 2007).
http://www.fanniemae.com/ir/pdf/sec/2006/form10k_081607.pdf .
16. Fannie Mae. Form 10-Q (June 30, 2012).
http://www.fanniemae.com/resources/file/ir/pdf/quarterly-annual-results/2012/q22012.pdf .
17. FHFA. 2011 Report to Congress .
http://www.fhfa.gov/webfiles/24009/FHFA_RepToCongr11_6_14_508.pdf .
18. FHFA. A Strategic Plan for Enterprise Conservatorships: The Next Chapter in a Story that Needs an
Ending . February 21, 2012.
http://www.fhfa.gov/webfiles/23344/StrategicPlanConservatorshipsFINAL.pdf .
19. FHFA. Building a New Infrastructure for the Secondary Mortgage Market . October 4, 2012.
http://www.fhfa.gov/webfiles/24572/FHFASecuritizationWhitePaper100412FINAL.pdf .
20. FHFA. Strategic Plan: Fiscal Years 2013-2017 .http://www.fhfa.gov/webfiles/23930/FHFA%20Draft%20Strategic%20Plan%202013-
2017.pdf .
21. Financial Crisis Inquiry Commission. The Financial Crisis Inquiry Report . January 2011.
http://fcic.law.stanford.edu/report.
22. FinCEN. “Mortgage Loan Fraud: An Industry Assessment Based on SAR Analysis” (November
2006). http://www.fincen.gov/news_room/rp/reports/pdf/MortgageLoanFraud.pdf .
23. Frame, W. Scott, Larry Wall, and Lawrence White. “The Devil’s in the Tail: Residential
Mortgage Finance and the U.S. Treasury.” Federal Reserve Bank of Atlanta Working Paper
2012-12 (August 2012). https://www.frbatlanta.org/documents/pubs/wp/wp1212.pdf .
24. Freddie Mac. 2006 Annual Report .
http://www.freddiemac.com/investors/ar/pdf/2006annualrpt.pdf
25. Gabriel, Stuart A. and Stuart S. Rosenthal. “Do the GSE’s Expand the Supply of Mortgage
Credit? New Evidence of Crowd Out in the Secondary Mortgage Market.” Journal of Public
8/12/2019 Future Government Role in the US Mortgage Securitization Market - July 2013
http://slidepdf.com/reader/full/future-government-role-in-the-us-mortgage-securitization-market-july-2013 96/101
94
Economics 94, no. 11/12, 975-986 (December 2010).
http://www.rhsmith.umd.edu/cfp/events/2011/GSE2011/papers/GSEPurchaseGoals.pdf .
26. GAO. An Analysis of Options for Revising the Housing Enterprises’ Long -term Structures . GAO-09-782
(September 2009). http://gao.gov/assets/300/295025.pdf .
27. GAO. Ginnie Mae: Risk Management and Cost Modeling Require Continuing Attention . GAO-12-49(November 2011). http://www.gao.gov/assets/590/586247.pdf .
28. GAO. HUD Reforms: Progress Made Since the HUD Scandals but Much Work Remains .
GAO/RCED-92-46 (January 1992). http://archive.gao.gov/d31t10/145818.pdf .
29. GAO. Modified Corrective Action Framework Would Improve Effectiveness . GAO-11-612 (June 2011).
http://gao.gov/assets/330/320102.pdf .
30. Genworth Financial, Inc. Form 10-Q (Nov. 2, 2012). http://phx.corporate-
ir.net/phoenix.zhtml?c=175970&p=irol-sec.
31. Ginnie Mae. 2010 Annual Report .http://www.ginniemae.gov/about/ann_rep/annual_report10.pdf .
32. Green, Richard K. and Susan J. Wachter. “The American Mortgage in Historical and
International Context.” Journal of Economic Perspectives 19, no. 4 (Fall 2005).
http://repository.upenn.edu/cgi/viewcontent.cgi?article=1000&context=penniur_papers&sei-
redir=1#search="The+American+Mortgage+in+Historical+Context.
33. Hancock, Diana and Wayne Passmore. “An Analysis of Government Guarantees and the
Functioning of Asset-Backed Securities Markets.” Federal Reserve Board, Finance and Economics
Discussion Series (September 2010).
http://www.federalreserve.gov/pubs/feds/2010/201046/201046pap.pdf . 34. Haughwout, Andrew, Richard Peach, and Joseph Tracy. “The Homeownership Gap.” Federal
Reserve Bank of New York, Current Issues in Economics and Finance 16, no. 5 (May 2010).
http://www.newyorkfed.org/research/current_issues/ci16-5.pdf .
35. Hearing on “Are There Government Barriers to the Housing Market Recovery?” before the
Subcommittee on Insurance, Housing and Community Opportunity of the House Committee
on Financial Services, February 16, 2011. http://financialservices.house.gov/uploadedfiles/112-
7.pdf .
36. Hearing on “Facilitating Continued Investor Demand in the U.S. Mortgage Market Without a
Government Guarantee” before the Subcommittee of Capital Markets and GovernmentSponsored Enterprises of the House Committee on Financial Services, September 7, 2011.
http://financialservices.house.gov/Calendar/EventSingle.aspx?EventID=257327
37. Hearing on “Future of Housing Finance: The Role of Private Mortgage Insurance” before the
Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises of the
House Committee on Financial Services, July 29, 2010.
http://financialservices.house.gov/Media/file/hearings/111/Printed%20Hearings/111-149.pdf .
8/12/2019 Future Government Role in the US Mortgage Securitization Market - July 2013
http://slidepdf.com/reader/full/future-government-role-in-the-us-mortgage-securitization-market-july-2013 97/101
8/12/2019 Future Government Role in the US Mortgage Securitization Market - July 2013
http://slidepdf.com/reader/full/future-government-role-in-the-us-mortgage-securitization-market-july-2013 98/101
96
49. Levitin, Adam J. and Susan M. Wachter. “Explaining the Housing Bubble.” University of
Pennsylvania Institute for Law & Economics Research Paper No. 10-15 (August 31, 2010).
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1669401.
50. Marron, Donald and Phillip Swagel. “Whither Fannie and Freddie? A Proposal for Reforming
the Housing GSEs.” e21 - Economic Policies for the 21st Century (May 24, 2010).http://economics21.org/files/pdfs/commentary/05_24_2010_Whither.pdf .
51. Min, David. “Future of Housing Finance Reform: Why a Government Role Is Necessary for
Smoothly Functioning Mortgage Markets.” Center for American Progress (November 2010).
http://www.americanprogress.org/issues/2010/11/pdf/housing_finance1.pdf .
52. MGIC Investment Corp. Form 10-Q (Nov. 9, 2012). http://phx.corporate-
ir.net/phoenix.zhtml?c=117240&p=irol-sec.
53. Moody’s Investors Service. “US Mortgage Insurers’ [sic] Remain Weakly Capitalized,” Special
Comment (August 17, 2010).
54. Mortgage Finance Working Group. “A Responsible Market for Housing Finance.” Center for
American Progress (January 2011).
http://www.americanprogress.org/issues/2011/01/pdf/responsiblemarketforhousingfinance.p
df .
55. Mortgage Insurance Companies of America. 2007-2008 Fact Book & Membership Directory.
http://www.privatemi.com/enespanol/news/factsheets/2007-2008.pdf .
56. OFHEO. “A Primer on the Secondary Mortgage Market.” Mortgage Market Note 08-3 (July 21,
2008). http://www.fhfa.gov/webfiles/1242/MMNOTE083.pdf .
57. OFHEO. “2007 Performance and Accountability Report.” http://www.fhfa.gov/webfiles/2085/OFHEOPARNovember2007508.pdf .
58. Owens, Raymond E. and Stacey L. Schreft. “Identifying Credit Crunches.” Federal Reserve
Bank of Richmond Working Paper 93-2 (March 1993).
http://www.richmondfed.org/publications/research/working_papers/1993/pdf/wp93-2.pdf .
59. Passmore, Wayne, Shane M. Sherlund, and Gillian Burgess. “The Effect of Housing
Government-Sponsored Enterprises on Mortgage Rates.” Federal Reserve Board, Finance and
Economics Discussion Series (2005).
http://www.federalreserve.gov/pubs/feds/2005/200506/200506pap.pdf .
60. Pavlov, Andrey and Susan M. Wachter. “The Inevitability of Market-Wide Underpricing ofMortgage Default Risk.” Real Estate Economics 34, no. 4, 479-496. 2006.
http://www.rhsmith.umd.edu/cfp/events/2011/GSE2011/papers/Inevitability_underpricing.p
df .
61. Qi, Min and Xiaolong Yang. “Loss Given Default of High Loan-to-Value Residential
Mortgages.” OCC Economics Working Paper 2007-4 (August 2007).
8/12/2019 Future Government Role in the US Mortgage Securitization Market - July 2013
http://slidepdf.com/reader/full/future-government-role-in-the-us-mortgage-securitization-market-july-2013 99/101
97
http://www.occ.treas.gov/publications/publications-by-type/economics-working-papers/2008-
2000/wp2007-4.pdf .
62. Quigley, John M. “Federal Credit and Insurance Programs: Housing.” Federal Reserve Bank of St.
Louis Review 88, no. 4 (July/August 2006).
http://research.stlouisfed.org/publications/review/06/07/Quigley.pdf . 63. Quinn, Sarah. “ Things of Shreds and Patches: Credit Aid, the Budget, and Securitization in
America.” Working Paper (October 2009).
http://scholar.googleusercontent.com/scholar?q=cache:Lb524nW2ehwJ:scholar.google.com/+
Things+of+Shreds+and+Patches:+Credit+Aid,+the+Budget,+and+Securitization+in+Americ
a&hl=en&as_sdt=1,9.
64. Radian Group Inc. Form 10-Q (Nov. 13, 2012).
http://www.radian.biz/page?name=SECFilings.
65. Ranieri, Lewis S., Kenneth T. Rosen, Andrea Lepcio, and Buck Collins. “Plan B: A
Comprehensive Approach to Moving Housing, Households and the Economy Forward.”Ranieri Partners Management LLC and Rosen Consulting Group, LLC (April 4, 2011).
http://www.iinews.com/site/ROSENRANIERIPlan%20B_Final.pdf .
66. “Reforming America’s Housing Finance Market: A Report to Congress.” Department of the
Treasury and the Department of Housing and Urban Affairs (February 2011).
http://www.treasury.gov/initiatives/Documents/Reforming%20America's%20Housing%20Fin
ance%20Market.pdf .
67. Sanders, Anthony B. and Michael Lea. “The Future of Fannie Mae and Freddie Mac.”
Mercatus Center at George Mason University (March 2011).
http://mercatus.org/sites/default/files/publication/wp1106-the-future-of-fannie-mae-and-freddie-mac_0.pdf .
68. Scharfstein, David and Adi Sunderam. “The Economics of Housing Finance Reform:
Privatizing, Regulating and Backstopping Mortgage Markets.” Prepared for presentation at the
conference “Restructuring the U.S. Residential Mortgage Market” sponsored by the Brookings
Institution (February 11, 2011).
http://www.brookings.edu/~/media/multimedia/audio/files/2011/2/11_0211%20restructurin
g%20the%20us%2064k/0211_mortgage_markets_scharfstein_sunderam.pdf .
69. Seidman, Ellen, Phillip Swagel, Sarah Wartell, and Mark Zandi. “A Pragmatic Plan for Housing
Finance Reform.” Prepared by Moody’s Analytics, the Urban Institute, and the Milken Institute(June 19, 2013). http://www.urban.org/UploadedPDF/412845-Housing-Finance-Reform.pdf .
70. Standard & Poor’s. “Republic Mortgage Insurance Co. and Republic Mortgage Insurance Co. of
North Carolina” (July 19, 2011).
71. Standard & Poor’s. “Will The Sea Change In Lending Standards Be Enough To Buoy U.S.
Mortgage Insurers?” (Oct. 8, 2012).
8/12/2019 Future Government Role in the US Mortgage Securitization Market - July 2013
http://slidepdf.com/reader/full/future-government-role-in-the-us-mortgage-securitization-market-july-2013 100/101
98
72. Stanton, Thomas. “Government-Sponsored Enterprises: Reality Catches Up to Public
Administration Theory.” Public Administration Review (July/August 2009). http://www.thomas-
stanton.com/pubs/gse/GSE-Reality_Catches_up_to_Public_Administration_Theory.pdf .
73. Stanton, Thomas. “Lessons From Public Administration: Recommendations for the Future of
Fannie Mae and Freddie Mac and Other Aspects of Government’s Response to the FinancialDebacle.” Presented at the 45th Annual Conference on Bank Structure and Competition
sponsored by the Federal Reserve Bank of Chicago (May 7, 2009). http://www.thomas-
stanton.com/pubs/grfd/GRFD-Lessons_from_Public_Administration.pdf .
74. Svenstrup, Mikkel and Soren Willemann. “Reforming Housing Finance: Perspectives from
Denmark,” Journal of Real Estate Research 28, no. 2 (2006).
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=952394.
75. Swagel, Phillip. “Reform of the GSEs and Housing Finance.” Milken Institute White Paper
(July 2011). http://www.milkeninstitute.org/pdf/HousingFinanceReform.pdf .
76. Symposium on “The Mortgage Meltdown, the Economy and Public Policy” sponsored by theUC Berkeley and UCLA, October 30-31, 2008.
http://urbanpolicy.berkeley.edu/mortgagemeltdown.htm.
77. TCW. Mortgage Market Monitor (October 2012).
https://www.tcw.com/News_and_Commentary/Market_Commentary/Insights/~/media/Do
wnloads/Commentary/Fixed%20Income%20Research/Fixed%20Income%20Commentary/M
BS_ABS/110612_Mortgage%20Market%20Monitor%20Oct%202012.ashx.
78. Vickery, James and Joshua Wright. “TBA Trading and Liquidity in the Agency MBS Market.”
Federal Reserve Bank of New York Staff Reports, no. 468 (August 2010).
http://www.newyorkfed.org/research/staff_reports/sr468.pdf .
79. Wallison, Peter J. “A New Housing Finance System for the United States.” Mercatus Center at
George Mason University (March 2011).
http://mercatus.org/sites/default/files/publication/wp1108-a-new-housing-finance-system-for-
the-united-states_0.pdf .
80. Wallison, Peter J., Alex J. Pollock, and Edward J. Pinto. “Taking the Government Out of
Housing Finance: Principles for Reforming the Housing Finance Market.” American Enterprise
Institute (March 24, 2011). http://www.aei.org/files/2011/03/23/AEI-White-Paper-FINAL-3-
22-11.pdf .
81. Wallison, Peter J., Thomas H. Stanton, and Bert Ely. “Privatizing Fannie Mae, Freddie Mac, andthe Federal Home Loan Banks.” The AEI Press (2004).
http://www.aei.org/files/2004/09/13/20040914_book794text.pdf .
82. White, Lawrence J. “On Truly Privatizing Fannie Mae and Freddie Mac: Why It’s Important,
and How to Do It.” Presented at the conference on “Fixing the Housing Finance System”
sponsored by the Wharton School, University of Pennsylvania (June 13, 2005).
http://fic.wharton.upenn.edu/fic/papers/05/0532.pdf .
8/12/2019 Future Government Role in the US Mortgage Securitization Market - July 2013
http://slidepdf.com/reader/full/future-government-role-in-the-us-mortgage-securitization-market-july-2013 101/101
83. White, Lawrence J. “The Way Forward: US Residential Mortgage Finance in a Post-GSE
World.” Mercatus Center at George Mason University (March 2011).
http://mercatus.org/sites/default/files/publication/wp1110-us-residential-mortgage-finance-in-
a-post-gse-world_1.pdf .
84. Zandi, Mark and Cristian deRitis. “The Future of the Mortgage Finance System.” Moody’s Analytics (February 7, 2011). http://www.economy.com/mark-zandi/documents/Mortgage-
Finance-Reform-020711.pdf .
85. zIngenuity. “Mortgage Insurance Industry Report” (July 2012).