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Weekly update from the National Housing Conference
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In this issue
September 20, 2020 I Issue 89-34
- House hearing examines FHFA’s COVID-19 response and conservatorship timeline
- GAO finds GSEs have increased diversity; Rep. Waters says they ‘can do better’
- The need for congressional action to support struggling households persists
- CFPB’s supervisory report flags fair lending and mortgage servicing violations
- Mortgage lenders embrace eNotes in a virtual environment
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Chart of the week: Strong housing market is a double-edged-sword
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Find the information you need at NHC's COVID-19 Housing Resource Center
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Problem Solvers Caucus offers path to progress on COVID relief
by David M. Dworkin, NHC President and CEO
Dear Friend,
While the chances of federal relief for struggling homeowners, renters and apartment owners remains bleak, a new bipartisan proposal from the Problem Solvers Caucus has reinvigorated advocacy on this issue. This is the most urgent priority for most affordable housing leaders.
Recently, NHC started asking visitors to our COVID-19 Housing Resource Center to enter their name and email address. Over 400 people filled out the form in the first week – 360 of them were consumers asking for help with their rent. The COVID-19 Housing Resource Center is a policy resource, but renters are so desperate for support and guidance that they are looking for help anywhere they can find it. The calls we are starting to receive at our office are heartbreaking. I know many of you have had the same experience – some of you from tenants in buildings you built. Many of you, both for-profit and nonprofit, are covering rent out of your reserves. This is not sustainable.
Your advocacy with members of Congress and the administration has never been more important. All senators and representatives need to hear how this issue impacts their communities. The value of constituent advocacy cannot be overestimated.
While the Centers for Disease Control and Prevention (CDC) eviction moratorium has staved off some evictions, its application is uncertain and uneven. It also does nothing to address the risk of eviction this winter. Nor does it address the needs of millions of apartment owners, most of whom are small businesses. There’s already about $30 billion in unpaid rent, and we are seeing that number continuing to rise.
Congress has got to stop posturing and get back to negotiating. Even the president has weighed in and said that Democrats need to come back to the table while Republicans need to do more. That’s constructive, as is the Problem Solvers’ proposal.
For homeowners, the situation continues to worsen, with some good news as the economy begins a slow recovery. These gains could collapse, however, if a resurgence of the virus puts more pressure on the economy and more people stay home, through edict or through fear.
According to Black Knight, just under 3.7 million homeowners remain in COVID-19-related forbearance plans. That’s down more than 22% from the peak of over 4.7 million in late May, representing about 7% of the total mortgage market.
But according to the Mortgage Bankers Association, at least some of the decline in the Ginnie Mae share was due to servicers buying delinquent loans out of pools and placing them on their portfolios. As a result of this transfer, the share of portfolio loans in forbearance increased.
And new forbearance requests have increased slightly. With just under one million unemployment insurance claims still being filed every week, the lack of additional fiscal support for the unemployed could lead to even higher increases of those needing forbearance.
Mortgage forbearance and loan deferrals help, but it is funded by homeowner equity while servicers cover the missed payments. Over time, the mortgage finance system will pay the price.
The Problem Solvers plan isn’t perfect. Ultimately, much more than $25 billion in rental assistance will be needed and the proposal doesn’t do nearly enough for homeowners and apartment operators. But it is a start and it is one of the few solutions that is supported by a diverse and bipartisan group of 25 Republicans and 25 Democrats. It deserves to be seriously considered as the basis of negotiation that must result in legislation – this month.
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House hearing examines FHFA’s COVID-19 response and conservatorship timeline
This week, the House Financial Services Committee convened a hearing to review the Federal Housing Finance Agency’s (FHFA) response to COVID-19. Committee Chairwoman Maxine Waters (D-Calif.) was critical of the agency’s actions, including the introduction of the new adverse market refinance fee, and the decision to move forward with the regulatory capital framework rulemaking for Fannie Mae and Freddie Mac. Rep. Waters said, “Instead of focusing on how to help homeowners and renters and how to support the housing market during this national emergency, Director Calabria’s actions suggest that he is first and foremost interested in filling the coffers of Fannie Mae and Freddie Mac so that he can continue to move forward with his plans to release them from conservatorship.” FHFA Director Mark Calabria defended FHFA’s actions during his testimony, saying “The FHFA team has gone above and beyond in carrying out FHFA’s statutory responsibilities while also rising to meet the challenges presented by COVID-19.”
Rep. Carolyn Maloney (D-N.Y.), chairwoman of the House Oversight and Reform Committee, said during the hearing, “I think we all agree that we can’t keep Fannie and Freddie in conservatorship forever, but we want to make sure they have enough capital, and that the right regulatory regime is in place, before we release them. I think we need to be very cautious about this.” Rep. Maloney expressed concern that the administration would rush the release of the GSEs from conservatorship before the end of the year. “I can’t envision a scenario where they would be ready to leave before the end of the year,” Calabria responded. “Under no circumstances would I release them if they were not ready to be released.”
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GAO finds GSEs have increased diversity; Rep. Waters says they ‘can do better’
In response to a request from Reps. Waters, Maloney and Joyce Beatty (D-Ohio), chairwoman of the House Financial Services Subcommittee on Diversity and Inclusion, the Government Accountability Office (GAO) conducted a review of the GSEs' diversity and inclusion efforts. Under the Housing and Economic Recovery Act of 2008, Fannie Mae and Freddie Mac are required to promote diversity and the inclusion of minorities and women. GAO recently released the results of its review, which tracked minority-held senior management positions from 2011 through 2018. Over that period, GAO found that the number of women and minorities serving in senior management positions increased at both Fannie Mae and Freddie Mac. The GAO report recognized the GSEs’ diversity initiatives, including “career and networking events to recruit diverse populations and employee mentorship programs.” GAO also highlighted the GSEs' ongoing efforts to increase the use of diverse broker-dealers, although noting that minority broker-dealers are currently only used to a “limited extent.”
Reps. Waters, Maloney and Beatty released a statement reacting to GAO’s findings; Rep. Maloney said it showed “insufficient progress” on the part of the GSEs to diversify their boards, staff and broker-dealer partners. “This GAO report demonstrates that despite efforts to increase diversity, there has been a troubling lack of growth in diversity and inclusion at Fannie and Freddie,” said Rep. Waters. “According to the report, the percentage of women of color in senior management roles at both Fannie and Freddie remained in the single digits from 2011 to 2019. The GSEs can and must do better.”
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The need for congressional action to support struggling households persists
While the prospects for the passage of rental assistance before the Sep. 30 fiscal deadline remain slim, the Problem Solvers Caucus recently released a framework for a larger COVID-19 relief package. The caucus, which is comprised of 50 bipartisan members of Congress and led by Reps. Josh Gottheimer (D-N.J.) and Tom Reed (R-N.Y.), outlined a plan that would include continued unemployment insurance and direct stimulus. The framework includes additional support for small businesses, nonprofits, schools and childcare providers, housing, states and localities. The caucus proposed $25 billion in rental assistance to be allocated to low-income households and rent stabilization programs.
Rep. Reed said in a statement, “Our framework reflects months of bipartisan consensus-building on the actions the federal government can take to help working families and local communities across the country as they navigate the impacts of COVID-19. We are hopeful this package will help bring lead negotiations back to the table as we try to solve this problem for the American people.”
Housing organizations continue to advocate for urgent congressional action to provide emergency rental relief. Seven organizations, including the Housing Partnership Network, National Housing Trust and Stewards of Affordable Housing for the Future, released a joint statement this week urging Congress “to provide rental assistance, paired with financial support for affordable housing providers, to avoid widespread homelessness and the loss of affordable homes.”
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CFPB’s supervisory report flags fair lending and mortgage servicing violations
The Consumer Financial Protection Bureau’s (CFPB) Supervisory Highlights, which summarizes the findings of examiners in the second half of 2019, reports on the prevalence of fair lending and mortgage servicing violations in the mortgage lending space. During the specified period, CFPB examiners observed redlining practices aimed at discouraging minority borrowers from applying for a mortgage. The report describes the unfortunate practice of advertising featuring “almost exclusively White models” and says that in this incidence the analysis of Home Mortgage Disclosure Data (HMDA) confirmed “the lenders’ intent to discourage prospective applicants from majority-minority neighborhoods.” The CFPB supervisory observations also underscore the importance of HMDA data collection and a robust regulatory regime in ensuring the appropriate enforcement of fair housing protections.
The report cites a wide range of violations across mortgage servicers, including failure to provide consumers in bankruptcy with required statements, inappropriately charging force-placed insurance, delayed refunding of force-placed insurance charges and failure to provide disclosure of loan ownership transfers. Notably, in April of this year, CFPB and other federal regulators, including the Federal Reserve, Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, issued a joint statement extending more regulatory flexibility to mortgage servicers working to support homeowners affected by COVID-19. Under the temporary policy, CFPB and other regulators will not take any supervisory or enforcement actions against servicers for delays in notices if servicers are making “good faith efforts” to provide notices on a timely basis, delays in annual escrow statements, and delays in notifications regarding incomplete loss mitigation applications, “provided the servicer sends the acknowledgment notice before the end of the forbearance or repayment period.”
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Mortgage lenders embrace eNotes in a virtual environment
In a largely virtual origination environment, mortgage lenders have increasingly turned to eMortgages, including electronically executed, registered and stored promissory notes. While eNotes accounted for about 3% of loans purchased by the GSEs in 2019, that share increased to 4.25% this year. FHFA’s Office of Inspector General (OIG) took notice of this trend. With both Fannie Mae and Freddie Mac indicating they expect the share of eNotes to continue to rise in 2020 and 2021, OIG published a white paper identifying the risks and opportunities associated with greater adoption.
“eMortgages offer borrower convenience, minimize post-closing review delays, eliminate the need to physically transfer a note, and make closings easier while allowing social distancing, an attractive feature during the COVID-19 pandemic,” OIG states in its report. Among the potential risks, OIG identified counterparty, third-party and cybersecurity risks.
The GSEs are not alone in the increasing prevalence of eMortgages. Fitch Ratings commented, “Shutdowns and social distancing measures have led to a greater reliance on digitalization of certain aspects of the mortgage origination process, and this has facilitated the implementation of eMortgage processes.” And while the volume of the eMortgages, including eNotes remains relatively small, Fitch noted, “process and policy changes made in response to the pandemic facilitated increased electronic emphasis in many other aspects of the mortgage origination process.”
The increasing digitization of the mortgage origination process has been linked to greater operational efficiency for mortgage lenders. In August, the Federal Home Loan Banks announced a new partnership with MERSCORP to allow member financial institutions to use eNotes on the MERS® eRegistery – an online system that tracks and stores eNote custodian information.
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Chart of the week: Strong housing market a double-edged-sword
Fannie Mae released its latest Economic and Housing Outlook, which suggests the strong housing market is leading the larger economic recovery. The analysis points to several factors, including “historically low mortgage rates,” and “increased interest in moving to suburban areas” as contributing to the ramp-up in purchase demand. This demand, however, has worsened inventory challenges. Fannie Mae found that the supply of homes on the market in July dropped 26% year-over-year and represented the lowest level ever recorded for the month.
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Chicago’s Department of Housing recently published a report on the work of the city’s Inclusionary Housing Task Force, which was established in October 2019 to ensure equal access to affordable housing. The report envisions changes to Chicago’s Affordable Requirements Ordinance. In a statement Mayor Lori Lightfoot said, "All Chicagoans, regardless of their circumstances, deserve equal access to live and lead happy, fulfilled lives in whichever neighborhood they choose. This report is a critical first step to making this vision a reality and continues our efforts to create a more equitable Chicago.”
New analysis from the Terner Center for Housing Innovation at UC Berkeley is the first to follow the income over time of residents of Low-Income Housing Tax Credit-funded properties. The analysis confirms the positive influence of housing assistance in advancing economic security and mobility for low-income households.
Households living in historically redlined neighborhoods are seeing a relatively higher prevalence of COVID-19 in their communities, a study from the National Community Reinvestment Coalition finds. The study links the systemic effects of limited access to investment and other financial resources to poverty, reduced life expectancy and chronic diseases, all of which are “risk factors for poor outcomes from COVID-19.”
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Monday, September 21
Tuesday, September 22
Wednesday, September 23
Thursday, September 24
Friday, September 25
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The National Housing Conference has been defending the American Home since 1931. We believe everyone in America should have equal opportunity to live in a quality, affordable home in a thriving community. NHC convenes and collaborates with our diverse membership and the broader housing and community development sectors to advance our policy, research and communications initiatives to effect positive change at the federal, state and local levels. Politically diverse and nonpartisan, NHC is a 501(c)3 nonprofit organization.
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Defending our American Home since 1931
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