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April 1, 2004: QT recently covered Marcy and her family in Wisconsin, who lost
their home in a refinance deal arranged by a mortgage broker and
serviced by a string of mainstream subprime lenders. All of whom
seemed strangely connected. Over the Winter, Marcy researched the
subject of equity stripping (a form of mortgage fraud which
targets homeowners who refinance, particularly for debt ) while
fielding phone calls from re-fi hustlers who don't seem to know
the bird had flown. Marcy's also been trying to get help from
public officials. Lucky she's not holding her breath. Marcy's
only Chinatown, Jake. A sub division of The United States of
Real Estate.
On the other hand, Fannie Mae and Freddie Mac are housing finance
giants. Government Supported Entities. Aka GSE's. Their stated
mission is to provide liquidity to mortgage lending institutions.
Fannie and Freddie buy bundles of mortgages from lenders, which
are sold to investors as mortgage backed securities. Lenders get
money up front more quickly and can pump that money back into
more loans. And bundling mortgages minimizes individual mortgage
risk. Lending risk has also been reduced by the numerous tax
payer backed home ownership programs administered by the federal
government. Hence subprime lending, including subprime re-
financing, has become much more attractive to lenders. Wildly
attractive in fact. And wildly profitable. Despite all that
reduced risk, subprime lending often means higher interest rates
and/or extra fees for borrowers. It has also been posited that
insulating lenders from risk has made some sloppy about, and even
complicit in, mortgage fraud. The white collar crime du jour.
Fannie Mae and Freddie Mae exist in the ever widening area
between private enterprise and government agency. Being a GSE
means major advantages. Such as tax breaks and freedom from
certain Security and Exchange (SEC) regulations. For example,
Fan and Fred are not required to keep as much capital on hand
as non GSE institutions that provide similar services. Plus
investors tend to assume the GSE designation means tax payers
will pick up the bill should things go awry. Which Fannie and
Freddie say will never happen. A growing chorus say the two lack
sufficient supervision. Oversight currently rests with a sub
agency of the U.S. Department of Housing and Urban Development
(HUD). But HUD doesn't follow its own money trails very well and
despite some policy disputes, HUD's interests are essentially
interwoven with those of the GSE's.
Last year Freddie Mac was caught mis-stating profits and doing
what's called "cookie jar accounting": carrying profits over from
one period to the next in order to smooth the overall financial
picture. As result, its senior management tier was reshuffled.
Freddie Mac is now 6 months behind in releasing financial results
for 2003. In March of this year, the California Public Employees'
Retirement Sytem, which owns 5.1 million Freddie Mac shares,
announced it opposed Freddie's reappointment of it's post shuffle
auditor Price Waterhouse Coopers due to conflict of interest
concerns and Freddie Mac's chief lobbyist R. Mitchell Delk left
the company due to alleged improprieties in his fundraising
activities for members of Congress. Also in March, the U.S.
Treasury Department announced it was scrutinizing "unusual"
multimillion-dollar derivative losses disclosed recently by
Fannie Mae. And Freddie Mac, Fannie Mae and the Republican
National Committee were fined by the Federal Election Commission
(FEC) for past soft money violations, some involving the
Republican Governor's Association. Overall, Fannie and Freddie's
political generosity and clout are legendary. Plus completely
bi partisan. Democratic presidential candidate John Kerry has
tapped Jim Johnson, ex CEO of Fannie Mae, to help choose his
vice presidential running mate.
As said, some propose more oversight for Fannie and Freddie. One
suggestion is to further empower the watchdog within HUD. Another
is to move GSE oversight to a new agency within the Department
of Treasury. The latter plan is reportedly favored by the Bush
administration. Fannie Mae claims to favor it as well. Yet two
of the GSE's most fervent supporters, the National Association
of Home Builders (NAHB) and National Association of Realtors
(NAR) do not. Jerry Howard, chief executive of NAHB warns that
"tinkering with what remains the only strong segment of the
economy at this time is a dangerous course". Federal Reserve
Chairman Allen Greenspan doesn't support Treasury oversight
either. He also has concerns about the economy. Though from
a different perspective. Greenspan fears oversight by an agency
like the U.S. Treasury will only strengthen investor trust that
a taxpayer safety net exists for Fannie and Freddie, encouraging
investors to throw caution even further to the winds. Instead
Greenspan recommends limiting Fannie and Freddie's ability to
issue debt. As reported by Reuters in March: "Last month, Federal
Reserve Chairman Alan Greenspan recommended limits on Fannie
and Freddie's debt issuance, warning that unchecked growth of
the housing finance giants will likely threaten the U.S.
financial system."
Fannie Mae and Freddie Mac hold or guarantee close to half of the
nation's mortgages. Their overall share of the U.S. economy has
become so large that Jerry Howard may soon be able to defend Fan
and Fred by warning that tinkering with our entire economy
is a dangerous course. Yet the GSE housing mission as originally
conceived was limited. For instance, Fannie and Freddie weren't
supposed to originate loan activity, only market results. But
increasingly, their involvements segue into origination. And as
Bill Mann, in the 11/23/03 issue of the investor newsletter
Motley Fool wrote: "Critics have charged in recent years that
the two companies have taken on substantially more risk in
order to continue their rates of growth as the housing market
has matured."
Industry interests and political pull are not the only things
protecting Fan & Fred. They have an image of social virtue. Which
they market heavily. Of late it seems TV spots have ramped up,
with folksy types on front porches extolling GSE goodness. True,
the claims that GSE profits get passed along to below median
income and/or minority housing consumers, via reduced mortgage
and refinancing costs have taken some hits lately. Alan Greenspan
for instance, cited a Fed study which found most of those profits
get passed along to shareholders. But David Seiders, chief
economist for the National Association of Home Builders
disagreed. Whatever the case, an image of social virtue is
a powerful weapon when it comes to masking unforeseen negative
social consequences, management problems and corporate deception.
Plus those who sound alarms re Fannie and Freddie can be accused
of being "anti-housing". Though you'd think this charge would
only stick to tent-makers. And it certainly can't be flung at
Alan "low interest rates" Greenspan.
Speaking of social virtue, something else which works in favor of
leaving Fan and Fred be, or of reforming them in name only, is
the willfully short sighted and unethical mentality that has come
to characterize housing discourse in the United States of Real
Estate. Where when truth conflicts with desire, it's as if it
were spoken in a dead language.
Carola Von Hoffmannstahl-Solomonoff
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