The Administration’s efforts to provide a new regulatory framework for financial institutions is an important step in repairing the damage that was done to our economy and society in 2008. Today there is still a great deal of mistrust in our banking giants. When American’s can again say to themselves,
“Our banks are sound, they are lending again. Our financial system is safe. I am going to take some risks”, then the economy will begin to grow on its own.
I, for one, am not going to feel good about things regarding systemic risks to the system until the issues of the Agencies and FHFA are addressed and resolved. We have three questions facing us:
(A) Are the private sector financials adequately capitalized/regulated to minimize their risk?
(B) What about the mortgage asset side of the federal government?
(C) Can we borrow as much money as we need at an affordable cost?(A) is in the process of being addressed. Let’s hope for the best.
(B) was specifically excluded in Mr. Geither’s presentation.
(C) is an open-ended question.
We simply do not know if the incremental $2-3 trillion we need to borrow is going to be available at a cost our economy can afford. This three-legged stool is wobbly. It is unlikely that (C) is going to be achieved unless confidence is our system is truly restored. For that reason a credible plan to deal with the government’s involvement in the residential mortgage market is an essential step in re-establishing the financial integrity and confidence we need. To avoid (B) at this time will weaken the chance of achieving (C). If we fail on the issue of funding our debt, then any efforts we have made regarding (A) will have been wasted. The lights will have gone out.
The backdrop:
FHFA’s total book of business is $6.3 trillion (through Fannie Mae, Freddie Mac and FHLB’s). Ginnie Mae is up to $600 billion in guarantees. Of the total of $12 trillion of mortgages outstanding the government is responsible for $7 trillion or 60%. The government’s involvement in the new mortgage market is equal to 85% of the total. That is textbook systemic risk. Some broad strokes on issues that should be considered:
-There has to be a new regulator. FHFA is no different than the old regulator, OFHEO. It still has the same leadership. It is still funded by Congress. It is still beholden to Congress. The record is clear. OFHEO failed us. At the peak, the Agencies had $1.4 trillion in sub prime/Alt A loans. 20% of their portfolios consisted of ‘enhanced’ second mortgages. There was no one looking after the taxpayer’s interests in the 2000-2008 period.
I think Treasury should have a principal role as a regulator. I would like to see the Fed involved in oversight and planning as well. I want to minimize the importance of Congress in this equation. I want private sector involvement in the process.
-We need a New Mortgage Agency.This should have done already. New Mortgage Agency (“NMA”) is the Good Bank, the old Agencies assets would be combined, and they would be the Bad Bank. NMA does the following:
It writes new conforming mortgages to qualified borrowers.
Just that. Nothing more. A conforming mortgage is and always has been one where there is 20% equity and the loan is to a documented individual who has a reportable source of income. NMA will make/acquire good loans. Only good loans. No exceptions. Not one. Ever.
This means no second mortgages, LIAR loans, NINJA loans, loans enhanced by insurance companies that avoid down payments or anything else that could be invented to avoid the traditional obligations of a borrower. This is so simple. It just requires adherence to the rules.
In my rule book the borrower, the lender, the broker, the appraiser etc. who participate in a fraudulent loan that is sold to NMA will be faced with significant legal action. If you want to originate and sell junky loans, sell them to Wall Street. Do not sell them to Uncle Sam. If you do, you are looking at jail time.
Of course there will be loan losses. People get sick, die or lose their jobs. It is both predictable and unavoidable. However, a pool of truly conforming mortgages as I have described them is money good. That pool of mortgages does not constitute a systemic risk.
-There has to be some rationality in the pricing of NMA mortgages. The objective of these two suggestions is to reduce the interest rate risk that the Agencies face when they write fixed rate mortgages.
*There should be a 30 year fixed rate mortgage. However there should be a pre-payment penalty if the loan is paid off in the first three years. Stop the flipping.
*Collard Floaters should be attractively priced vs. fixed rate mortgages. The borrower should absorb some of the risk of interest rate changes. Not all of the benefit of lower interest rates should accrue to the mortgagor. In exchange, the borrowers face no pre-payment penalties; a capped rate and they achieve a lower spread over funding costs.
-Availability of NMA mortgages should be restricted. Some suggestions:
*Only available for owner occupied residences. No speculators.
*A borrower and or family are permitted only one mortgage with NMA. No multiple financings.
*No vacation homes. This should not be a burden and or a risk of the taxpayers.
*No mobile homes. Only properties with an anticipated life of +50 years should be financed with public money.
-Financing NMA.*NMA should be capitalized with a nominal amount of equity. The government should own all of the equity. No GSE structure - half private/half public. That did not work. It should never be done again.
*NMA can finance its book of business with debt that is fully guaranteed by the Treasury. This debt would not be secured. The quasi-guaranty on old Fannie and Freddie debt has turned into a ‘dirty’ guaranty today. This murky status is confusing to investors. The guaranty on the NMA securities should be explicit.
*NMA should issue over collateralized MBS. The MBS should be secured with only the new high quality loans described above. This new MBS will not have a government guaranty. They will stand on their own. These new securities will be reviewed by the ratings agencies and will be rated AAA based on the excess collateral. I would like to have some involvement by academia in the original construction of the new securities. There should be an ongoing review process of the MBS. They must be ‘money good’ at issuance.
The marketplace will drive the balance between guaranteed debt and MBS issued by NMA. If the market ‘charges’ too much for the MBS then more guaranteed debt will be required. The objective over time is to “privatize” the mortgages by creating a significant market for the un-guaranteed MBS.
Example: Assume NMA has $1 trillion of good mortgages. Assume that the ‘haircut’ or over collateralization is 30% in order to receive the AAA status and appropriate market pricing. This would mean that the guaranteed debt would be $300b and the MBS $700b. This would significantly reduce the government’ s involvement and diversify the underlying systemic risk.
-The Agencies need to manage their interest rate risks differently.Fannie Mae and Freddie Mac have spent hundreds of billions of dollars in derivative costs protecting themselves against interest rate risks. I want all of the Agencies including NMA to be out of that business. They have done a terrible job. They have made Wall Street rich with their strategies. From time to time their involvement in the market has proved disruptive because of the large size of their positions. The suggestions made on prepayment penalties/collared floaters will help address the problem. There is still residual risk. That must be addressed to insulate NMA from significant changes in interest rates.
I want to structure the Mother of All interest rate swaps. The Agencies have a book of $2 trillion of fixed and floating rate mortgages. They pay interest on their debt. The Social Security Trust fund has assets of $2.4 Trillion. They receive interest income on their assets. We have two, $2 trillion government entities. One a ratepayer the other a taker. One is hurt when rates rise; the other is negatively impacted when rates fall. There is a swap in there. The Agencies are buying derivatives in the market to protect against convexity, while the SSTF is extending its duration in an effort to offset falling interest rates. These apposing economic interest need to be ‘netted out’.
I am not suggesting that this is an easy exercise. For starters, we are dealing with two of the largest government entities. They would hate this idea. Crafting a durable agreement would be difficult, but deals like this are struck everyday in the private sector. They just have a few less zeros. Wall Street would be very unhappy. Arbitraging the Agencies market timing strategies has made the Street a bundle. The argument will be made that SS rules are sacrosanct and that the Agencies have to manage their own market risks. That kind of thinking can’t be tolerated anymore. This is too easy a ‘fix’ to ignore. There are real savings that could be accomplished.
The 15% problem.85% of the outstanding mortgages are good. We have a 15% problem. I want to provide incentives for the ‘good’ borrowers to refinance with NMA. To do so they will have to meet the standards previously set forth. Over a period of years I want NMA to become the Good Bank with $1.5 trillion in loans. The old Agencies will be stuck with the troubled assets. We have the resources to deal with the 15% problem. That cost will not kill us. We need some closure on the bad loans. We need to re-affirm that there are a lot of good loans.
Conflicts of interest with social/economic policy objectives.My construction of NMA provides that neither Congress nor the Administration can use the New Mortgage Agency for any policy objectives. That will not work. Our leaders need to provide stimulus in certain areas of housing. It is too important a segment of the economy for D.C to lose its control. It is likely that a number of tailored stimulus measures may be required as the old Agency credit standards are replaced with the higher standards of NMA. I think D.C. should have the ability to influence the direction of housing and home ownership. However, if there is something that should be done, let them draft legislation that achieves these goals. Let that be debated publicly. If the legislation passes, the taxpayers will fund the objectives. We can never again afford to mix mortgage credit quality with social policy. The golden rule should be that NMA is as solid as a rock. To do that you have to keep the politicians away from it.
There are compelling reasons to put D.C.’s role in the mortgage market under a microscope and scramble the eggs. It is unlikely to happen. The interests involved are deeply entrenched. At the end of the day they are more powerful then the Administration or the Treasury. If D.C. does not step up to address it’s own systemic risks it is likely that the market will force them to do so. Absent a credible plan, the market will come to distrust us. We will be unable to fund our deficit at an acceptable cost. In my view Mr. Geithner missed an opportunity to put this issue on the table.