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Federal takeover of Fannie Mae and Freddie Mac

In September 2008 the Federal Housing Finance Agency (FHFA) announced that it would take over the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Both government-sponsored enterprises, which finance home mortgages in the United States by issuing bonds, had become illiquid as the market for those bonds collapsed in the subprime mortgage crisis. The FHFA established conservatorships in which each enterprise's management works under the FHFA's direction to reduce losses and to develop a new operating structure that will allow a return to self-management.[1][2]

Fannie Mae headquarters at 3900 Wisconsin Avenue, NW in Washington, D.C.

Background and financial market crisis

The combined GSE losses of US$14.9 billion and market concerns about their ability to raise capital and debt threatened to disrupt the U.S. housing financial market.[according to whom?] The Treasury committed to invest as much as US$200 billion in preferred stock and extend credit through 2009 to keep the GSEs solvent and operating. The two GSEs had outstanding more than US$5 trillion in mortgage-backed securities (MBS) and debt; the debt portion alone was $1.6 trillion.[3] The conservatorship action has been described as "one of the most sweeping government interventions in private financial markets in decades",[4] and one that "could turn into the biggest and costliest government bailout ever of private companies".[5]

With a growing sense of crisis in U.S. financial markets, the conservatorship action and commitment by the U.S. government to backstop the two GSEs with up to US$200 billion in additional capital turned out to be the first significant event in a tumultuous month among U.S.-based investment banking, financial institutions and federal regulatory bodies.[according to whom?] By September 15, 2008, the 158-year-old Lehman Brothers holding company filed for bankruptcy with intent to liquidate its assets, leaving its financially sound subsidiaries operational and outside of the bankruptcy filing. The collapse was the largest investment bank failure since Drexel Burnham Lambert in 1990.[6][7] The 94-year-old Merrill Lynch accepted a purchase offer by Bank of America for approximately US$50 billion, a big drop from a year-earlier market valuation of about US$100 billion. A credit rating downgrade of the large insurer American International Group (AIG) led to a September 16, 2008 rescue agreement with the Federal Reserve Bank for a US$85 billion secured loan facility, in exchange for warrants for 79.9% of the equity of AIG.[8][9][10][11]

Previous attempts at GSE reform

 
Fannie Mae's Reston, Virginia, facility

The GSE business model has outperformed any other real estate business throughout its existence. According to the Annual Report to Congress,[12] filed by the Federal Housing Finance Agency, over a span of 37 years, from 1971 through 2007, Fannie Mae's average annual loss rate on its mortgage book was about four basis points. Losses were disproportionately worse during the crisis years, 2008 through 2011, when Fannie's average annual loss rate was 52 basis points. Freddie Mac's results are comparable.

By way of contrast, during 1991–2007, commercial banks' average annual loss rate on single-family mortgages was about 15 basis points.[13] During 2008–2011, annual losses were 184 basis points.

The FHFA study[14] compares, on an apples-to-apples basis, GSEs loan originations with those for private label securitizations. The study segments loans four ways, by adjustable-rate mortgages (ARMs)-versus-fixed-rate, as well as by vintage, by FICO score and by loan-to-value ratio. In almost every one of 1800 different comparisons covering years 2001 through 2008, GSE loan performance was exponentially better.[clarification needed] On average, GSE fixed-rate loans performed four times better, and GSE ARMs performed five times better.

However, other critics in D.C.[who?] claim that the GSE business model faces inherent conflicts due to its combination of government mission and private ownership. The GSEs were given monopoly privileges against which private enterprise could not compete. Both GSEs had a line of credit with the US Treasury Department, and both GSEs were exempt from state and local income tax on corporate earnings. The GSEs were the only two Fortune 500 companies exempt from regulation by the Securities and Exchange Commission. Because of implicit government backing, Fannie Mae discount notes became the second-largest short-term notes issued (second only to Treasury bills).[citation needed]

The American Enterprise Institute, a conservative think-tank, argues that "the government mission required them to keep mortgage interest rates low and to increase their support for affordable housing. Their shareholder ownership, however, required them to fight increases in their capital requirements and regulation that would raise their costs and reduce their risk-taking and profitability. But there were two other parties—Congress and the taxpayers—that also had a stake in the choices that Fannie and Freddie made. Congress got some benefits in the form of political support from the GSEs' ability to hold down mortgage rates, but it garnered even more political benefits from GSE support for affordable housing."[15] However, such claims were at odds with the majority report of the Financial Crisis Inquiry Commission (FCIC).[citation needed]

In 2003, the Bush Administration sought to create a new agency, replacing the Office of Federal Housing Enterprise Oversight, to oversee Fannie Mae and Freddie Mac. In 1992 in the wake of the savings and loan crisis, and over concern similar lending problems would develop, the Office of Federal Housing Enterprise Oversight was created as part of the Department of Housing and Urban Development.[16] While Senate and House leaders voiced their intention to bring about the needed legislation, no reform bills materialized. A Senate reform bill introduced by Senator Jon Corzine (D-NJ) (S.1656[17]) never made it out of the 21-member (10 D, 11 R) Senate Banking, Housing, and Urban Affairs Committee.[18] At the time, some members of the 108th congress expressed faith in the solvency of Fannie Mae and Freddie Mac. Congressman Barney Frank (D-MA), for example, described them as "not facing any kind of financial crisis".[19]

In 2005, the Federal Housing Enterprise Regulatory Reform Act,[20] sponsored by Senator Chuck Hagel (R-NE) and co-sponsored by Senators Elizabeth Dole (R-NC), John McCain (R-AZ) and John Sununu (R-NH),[21] would have increased government oversight of loans given by Fannie Mae and Freddie Mac. Like the 2003 bill, it also died in the Senate Banking, Housing, and Urban Affairs Committee, this time in the 109th Congress. A full and accurate record of the congressional attempts to regulate the housing GSEs is given in the Congressional Record prepared in 2005.[22][23]

Federal Housing Finance Agency and Treasury authority

The Housing and Economic Recovery Act of 2008—passed by the United States Congress on July 24, 2008 with bipartisan support and signed into law by President George W. Bush on July 30, 2008 — enabled expanded regulatory authority over Fannie Mae and Freddie Mac by the newly established FHFA, and gave the U.S. Treasury the authority to advance funds for the purpose of stabilizing Fannie Mae, or Freddie Mac, limited only by the amount of debt that the entire federal government is permitted by law to commit to. The law raised the Treasury's debt ceiling by US$800 billion, to a total of US$10.7 trillion, in anticipation of the potential need for the Treasury to have the flexibility to support Fannie Mae, Freddie Mac, or the Federal Home Loan Banks.[24][25][26]

Prior GSE support measures

The September 7 conservatorship was termed by The Economist as the "second" bailout of the GSEs.[27] Prior to the enactment of the Housing and Economic Recovery Act of 2008, on July 13, 2008, Treasury Secretary Henry Paulson announced an effort to backstop the GSEs based on prior statutory authority, in coordination with the Federal Reserve Bank. That announcement occurred after a week in which the market values of shares of Fannie Mae and Freddie Mac fell almost by half (from a previously diminished value of approximately half of year-earlier market highs).[28] That plan contained three measures: an increase in the line of credit available to the GSEs from the Treasury, to provide liquidity; the right for the Treasury to purchase equity in the GSEs, to provide capital; and a consultative role for the Federal Reserve in a reformed GSE regulatory system.[29] On the same day, the Federal Reserve announced that the Federal Reserve Bank of New York would have the right to lend to the GSEs as necessary.[30]

Capital infusion by the Treasury

The agreement the Treasury made with both GSEs specifies that in exchange for future support and capital investments of up to US$100 billion in each GSE, at the inception of the conservatorship, each GSE shall issue to the Treasury US$1 billion of senior preferred stock, with a 10% coupon, without cost to the Treasury.[3][31] Also, each GSE contracted to issue common stock warrants representing an ownership stake of 79.9%, at an exercise price of one-thousandth of a U.S. cent ($0.00001) per share, and with a warrant duration of twenty years.[32]

The conservator, FHFA signed the agreements on behalf of the GSEs.[32] The 100 billion amount for each GSE was chosen to indicate the level of commitment that the U.S. Treasury is willing to make to keep the financial operations and financial conditions solvent and sustainable for both GSEs. The agreements were designed to protect the senior and subordinated debt and the mortgage backed securities of the GSEs. The GSEs' common stock and existing preferred shareholders will bear any losses ahead of the government. Among other conditions of the agreement, each GSE's retained mortgage and mortgage backed securities portfolio shall not exceed $850 billion as of December 31, 2009, and shall decline by 10% per year until it reaches $250 billion.[33]

FHFA initial actions as conservator

In the September 6, 2008 conservatorship announcement, Lockhart indicated the following items in the plan of action for the Federal Housing Finance Agency conservatorship:[1]

  1. On September 8, 2008, the first business day of the conservatorship, business will be transacted normally, with stronger backing for the holders of mortgage-backed securities (MBS), senior debt and subordinated debt.[34]
  2. The Enterprises will be allowed to grow their guarantee MBS books without limits and continue to purchase replacement securities for their portfolios, about $20 billion per month, without capital constraints.
  3. As the conservator, the FHFA will assume the power of the Board and management.
  4. The present Chief Executive Officers (CEOs) of both Fannie Mae and Freddie Mac have been dismissed but will stay on to help with the transition.
  5. Appointed as CEOs are Herbert M. Allison for Fannie Mae and David M. Moffett for Freddie Mac. Allison is former Vice Chairman of Merrill Lynch and for the last eight years chairman of TIAA-CREF. Moffett is the former Vice Chairman and CFO of US Bancorp. Their compensation will be significantly lower than the outgoing CEOs. They will be joined by equally strong non-executive chairmen.
  6. Other management action will be very limited. The new CEOs agreed it is important to work with the current management teams and employees to encourage them to stay and to continue to make important improvements to the Enterprises.
  7. To conserve over $2 billion annually in capital, the common stock and preferred stock dividends will be eliminated, but the common and all preferred stocks will remain outstanding. Subordinated debt interest and principal payments will continue to be made.
  8. All political activities, including all lobbying, will be halted immediately. Charitable activities will be reviewed.
  9. There will be financing and investing relationship with the U.S. Treasury via three different financing facilities to provide critically needed support to Freddie Mac and Fannie Mae, and also to the liquidity of the mortgage market. One of the three facilities is a secured liquidity facility, which will be not only for Fannie Mae and Freddie Mac, but also for the 12 Federal Home Loan Banks that are regulated by FHFA.

Government support for Fannie Mae and Freddie Mac

In addition to the government conservatorship, which CBO estimates will increase the federal government's net liabilities by $238 billion, several government agencies have taken steps to increase liquidity within Fannie Mae and Freddie Mac. Among these steps includes:[35]

  1. Federal Reserve purchases of $23 billion in GSE debt (out of a potential $100 billion) and $53 billion in GSE-held mortgage backed securities (out of a potential $500 billion).
  2. Federal Reserve purchases of $24 billion in GSE debt.
  3. Treasury Department purchases of $14 billion in GSE stock (out of a potential $200 billion).
  4. Treasury Department purchases of $71 billion in mortgage backed securities
  5. Federal Reserve extension of primary credit rate for loans to the GSEs

National debt accounting

The on- or off-balance sheet obligations of the two GSEs, which are "independent" corporations rather than federal agencies, are just over $5 trillion, a significant amount when compared to the $9.5 trillion of officially reported United States public debt at the time of the takeover.[36] The September 6, 2008 conservatorship and the subsequent planned Treasury infusion of capital support the senior liabilities, subordinated indebtedness, and mortgage guarantees of the two firms. Some observers see this as an effective nationalization of the companies that ultimately places taxpayers at risk for all their liabilities.[37] The federal government follows specialized accounting standards set by the Federal Accounting Standards Advisory Board. The net exposure to taxpayers is difficult to determine at the time of the takeover and depends on several factors, such as declines in housing prices and losses on mortgage assets in the future.[38] The Congressional Budget Office director Peter R. Orszag announced on September 9, 2008 that the CBO intended to incorporate the assets and liabilities of the two companies into their federal budget planning, due to the degree of government control over the entities.[3][39] The White House Budget Director Jim Nussle, on September 12, 2008 indicated their budget plans would not incorporate the GSE debt into the budget because of the temporary nature of the conservator intervention.[39]

Bloomberg reported that according to CMA Datavision of London that "five-year credit-default swap contracts on U.S. government debt increased 3.5 basis points on September 9, 2008 to a record 18, up from 6 basis points in April," in reaction to concerns about the potential rise in U.S. debt from bailouts.[3]

Related legislation

On May 8, 2013, Representatives Scott Garrett introduced the Budget and Accounting Transparency Act of 2014 (H.R. 1872; 113th Congress) into the United States House of Representatives during the 113th United States Congress. The bill, if it were passed, would modify the budgetary treatment of federal credit programs, such as Fannie Mae and Freddie Mac.[40] The bill would require that the cost of direct loans or loan guarantees be recognized in the federal budget on a fair-value basis using guidelines set forth by the Financial Accounting Standards Board.[40] The changes made by the bill would mean that Fannie Mae and Freddie Mac were counted on the budget instead of considered separately and would mean that the debt of those two programs would be included in the national debt.[41] These programs themselves would not be changed, but how they are accounted for in the United States federal budget would be. The goal of the bill is to improve the accuracy of how some programs are accounted for in the federal budget.[42]

Market consequences

Bank reserves

Many commercial banks in the United States own Freddie and Fannie preferred shares. Those shares have had their dividends suspended, and are junior to the senior preferred stock issued to the Treasury in the restructuring of the two companies. The market value of the preferred shares plunged after the restructuring announcement and suspension of dividends. Banks were required to write down the value of Freddie and Fannie preferred stock held in their portfolios, compounding capitalization concerns for certain U.S. banks.[43] Gateway bank agreed to be bought out by Hampton Roads Bankshares Inc. to make up for a writedown of $40 million on its stock in Fannie and Freddie, which put it below regulatory requirements to be considered adequately capitalized.[44]

Credit default swaps

In the credit default swap (CDS) market, the standard contracts typically used between parties to a swap define the action of placing Fannie Mae and Freddie Mac into conservatorship to be equivalent to bankruptcy, because of the change in management control. In CDS parlance, this is termed a credit event, and that triggers the settling of outstanding contracts for the derivatives, which are used to hedge or speculate on the potential risk that a company will default on its bonds. The two GSEs have approximately US$1.5 trillion in bonds outstanding, and since the market in credit default swaps is not public, there is no central reporting mechanism to verify how many credit default swaps are linked to those bonds. One estimate floated is US$500 billion, and that the entire CDS market has a notional value in the vicinity of US$62 trillion.[45][46] Settlement on the contracts, will likely be the largest in the market's decade-long history.[needs update][46] Credit-default swaps on Fannie and Freddie have been among the most actively traded the several months leading up to the conservatorship. "Thirteen 'major' dealers of credit-default swaps agreed 'unanimously' that the rescue constitutes a credit event triggering payment or delivery of the companies' bonds," according to a memo circulated by the International Swaps and Derivatives Association (ISDA) after the conservatorship announcement.[47] The day after the conservatorship announcement, the International Swaps and Derivatives Association, which sets industry standardized contracts for financial derivatives and swaps, announced it was working on a protocol on how to evaluate and settle Fannie Mae and Freddie Mac credit default swaps.[48] Most of these swaps were settled on October 6, 2008.[49]

Paradoxically (in relation to typical experiences when a company issuing bonds has a "credit event"), the value of the two GSEs bonds rose to the vicinity of par value after the conservatorship. This means, that some owners of swaps that were hedging against the risk of a bond default, may be worse off, since the value of the bonds may be higher than when they purchased the swap. Cash auctions are reported to be scheduled for October 2008 to settle CDS contracts in relation to the GSEs.[45][50]

September 2008 reactions to the seizure

The immediate reactions in the finance markets on Monday September 8, the day following the seizure, appeared to indicate satisfaction with at least the short-term implications of the Treasury's intervention. Governor of the Bank of Japan Masaaki Shirakawa stated "We expect the action would lead to stabilize the U.S. [mortgage-backed securities] market, financial market and the international financial market." Governor of the People's Bank of China, China's central bank, Zhou Xiaochuan stated "From my point of view this is positive".[51]

Effects on the subprime mortgage crisis

The effects on the subprime mortgage crisis have led the government to support the soundness of the obligations and guarantees on securities issued by Fannie and Freddie to obtain funds. Those funds are in turn used to purchase mortgages from originating banks. The continuing soundness of GSE obligations enhances market liquidity (loanable funds) in the following ways:[52]

  • Banks can be assured that Fannie and Freddie have funds to purchase conforming loans, so they can increase such lending. This improves liquidity in the mortgage market, lowering interest rates.
  • In 2006, Fannie and Freddie insured 70% of all subprime loans so they needed to keep these loans viable.[53]
  • Lower borrowing costs for banks typically increase the "spread" between the rate at which they borrow and which they lend. This increases bank profitability, shoring up bank liquidity and balance sheets further.
  • Adjustable rate mortgage (ARM) rates are reduced, which lowers pressure on homeowners and reduces foreclosures. Lower rates also encourage new home purchases.
  • The government's role as the primary investor allows a systematic loan refinancing process to be implemented. This should enable rapid loan adjustments or workouts for homeowners, which have been facing bottlenecks due to the requirement to have various investors approve the adjustments.[54] For example, the government could rapidly push-down 45-year mortgage terms and fixed, low interest rates, enabling many more homeowners to stay in their homes. This will reduce foreclosures significantly, helping to stabilize home prices.
  • The government can restructure mortgages so that the loan balance is reduced to the current market value, reducing the incentive for homeowners to "walk away" from the property.
  • With home prices more stabilized, the value of mortgage-backed securities receives some upward support.

Financial condition of Fannie and Freddie prior to takeover

Over 98% of Fannie's loans were paying timely during 2008.[55] Both Fannie and Freddie had positive net worth as of the date of the takeover, meaning the value of their assets exceeded their liabilities. However, Fannie's total assets to capital (leverage ratio) was about 20:1, while Freddie's was about 70:1.[56][57] These numbers increase significantly if one includes all the mortgage-backed assets they guaranteed. These ratios are considerably higher than investment banks, which leverage around 30:1.[58][59]

However, there was concern[according to whom?] that the GSEs' liquidity was insufficient to handle growing delinquency rates, such that although viable in September 2008, the scale of loss in the future would be sufficient that insolvency would occur and that knowledge of this future failure would induce immediate or near-immediate failure due to buyers refusing to buy debt. Both GSEs roll over large amounts of debt on a quarterly basis and failure to sell debt would lead to failure due to lack of liquidity. A slower form of failure would be the issuing of debt at high cost (to compensate buyers for risk), which would greatly diminish the earning power of both GSEs, rendering them unable to earn the money they would need to handle expected future losses. Both GSEs counted large amounts of deferred tax assets towards their regulatory capital, which were considered by some[who?] to be of "low quality" and not truly available capital. The deferred tax assets would only have value if the companies were profitable and could use the assets to offset future taxes. Both companies had experienced significant losses and were likely to face more over the next year or longer.[60]

Ongoing status of Fannie and Freddie conservatorship

In testimony before a House Financial Services Committee subcommittee on June 3, 2009, Federal Housing Finance Agency Director James B. Lockhart III presented his report, "The Present Condition and Future Status of Fannie Mae and Freddie Mac".[61] Highlights of the report include the Treasury Department's commitment to fund up to $200 billion in capital for each enterprise is expected be sufficient; the enterprises own or guarantee 56% of the single family mortgages in the USA, or $5.4 trillion of the total $11.9 trillion in outstanding mortgage debt; their combined share of mortgages originated in the first quarter of 2009 was 73%; private-label mortgage-backed securities (PLS) are a major driver of Enterprise losses; both Enterprises are heavily involved in planning and implementing the Making Home Affordable and the Home Affordable Refinance programs. The report notes:

As of March 31, 2009, seriously delinquent loans accounted for 2.3% of single-family mortgages owned or guaranteed for Freddie Mac and 3.2% for Fannie Mae. While those are historically high levels, they compare favorably to industry averages of 4.7% for all prime loans, 7.2% for all single-family mortgages, 24.9% for all subprime mortgages, and 36.5% for subprime adjustable rate mortgages

The report provides background on the origins of PLS and the risk they present. PLS loans represent 15% of mortgages but 50% of serious delinquencies. In contrast, at year-end 2008, the loans the enterprises held or guaranteed represented 56% of the U.S. single-family mortgages outstanding, but 20% of serious delinquencies. The credit quality of investments in PLS has proven to be much worse than the initial AAA credit ratings of those securities would have suggested. The ongoing uncertainty surrounding the true economic value of PLS will continue to raise safety and soundness concerns.

The report notes the for-profit structure of the GSEs worked counter to prudent risk management as competition reduced both market share and profits, thus eroding the GSEs credit requirements. To maintain profitability, each Enterprise increased purchases of PLS backed by alternative mortgages and of high-risk whole loans. And while many had criticized the OFHEO and sought to replace it:

Purchases of PLS ultimately proved disastrous for the Enterprises. Credit and market-value losses would have been even larger had the Office of Federal Housing Enterprise Oversight (OFHEO), one of FHFA's predecessor agencies, not increased the Enterprises' capital requirement by 30% and capped their asset portfolios because of accounting and control problems.

The George W. Bush administration was prevented from taking official action due to Senate Bill 190 of the 109 Congress never being allowed a full Senate vote, even though it was passed out of committee on a 13-9 vote along party lines (13 Republicans voted "Yes" and 9 Democrats voted "No"),[62] doing so would have prevented Congress' home ownership goals being realized. On June 16, 2010, it was announced that the two GSEs would have their shares delisted from the NYSE.[63] An article from August 2012 in Bloomberg noted that the companies "have drawn $190 billion in aid and paid $46 billion in dividends since being taken over by U.S. regulators in 2008".[64] CBS News reported on August 6, 2015, that Fannie Mae alone has paid a total of $142.5 billion in dividends since receiving a bailout of $116 billion in 2008.[65] On September 24, 2012, a judge dismissed a class-action lawsuit that contended that Freddie Mac made misleading statements about its exposure to risky loans in the run-up to the company's federal takeover.[66] As of 2018, profits from Fannie Mae and Freddie Mac are still being sent to the Treasury Department.

Shareholders of Fannie Mae and Freddie Mac have challenged the Net Worth Profit taking by the government in part by challenging the structure of the FHFA. They argued that the FHFA as established by Congress has a Director that can only be removed "for cause" and not "at will". The Fifth Circuit Court of Appeals sided with the shareholders both on its initial hearing and in an en banc review. Both sides of the case petitioned to the Supreme Court to review case; during this time, the Court ruled in Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. ___ (2020), that the Consumer Financial Protection Bureau, another Congress-established agency with a Director that could only be removed "for cause" was unconstitutional. Subsequently, the Court certified the petition for FHFA case to review its structure as well as if the profit taking decision and other orders should be reversed should the Director position be considered unconstitutional. The Court heard oral arguments to this case on December 9, 2020.[67]

See also

Notes

  1. ^ a b Lockhart, James B., III (September 7, 2008). . Federal Housing Finance Agency. Archived from the original on September 12, 2008. Retrieved September 7, 2008.
  2. ^ (PDF). Federal Housing Finance Agency. September 7, 2008. Archived from the original (PDF) on September 9, 2008. Retrieved September 7, 2008.
  3. ^ a b c d Kopecki, Dawn (September 11, 2008). "U.S. Considers Bringing Fannie, Freddie on to Budget". Bloomberg. Retrieved September 11, 2008.
  4. ^ Goldfarb, Zachary A.; David Cho; Binyamin Appelbaum (September 7, 2008). "Treasury to Rescue Fannie and Freddie: Regulators Seek to Keep Firms' Troubles From Setting Off Wave of Bank Failures". The Washington Post. pp. A01. Retrieved September 7, 2008.
  5. ^ Duhigg, Charles; Labaton, Stephen; Sorkin, Andrew Ross (September 7, 2008). "As Crisis Grew, One Option Remained". The New York Times. Retrieved September 8, 2008.
  6. ^ Retrieved September 15, 2008
  7. ^ Sorkin, Andrew Ross; Jenny Anderson; Ben White (September 14, 2008). "In Frantic Day, Wall Street Banks Teeter". The New York Times. Retrieved January 15, 2008.
  8. ^ United States Federal Reserve Board of Governors, Press release: Federal Reserve Board, met with full support of the Treasury Department, authorizes the Federal Reserve Bank of New York to lend up to US$85 billion to the American International Group (AIG), September 16, 2008
  9. ^ Kaiser, Emily (September 17, 2008). "After AIG rescue, Fed may find more at its door". Reuters. Retrieved September 17, 2008.
  10. ^ Andrews, Edmund L.; Michael J. de la Merced; Mary Williams Walsh (September 16, 2008). "Fed's $85 Billion Loan Rescues Insurer". The New York Times.
  11. ^ Dash, Eric; Andrew Ross Sorkin; Michael J. de la Merced; David M. Herszenhorn (September 17, 2008). "Throwing a Lifeline to a Troubled Giant". The New York Times.
  12. ^ (PDF). Archived from the original (PDF) on May 12, 2013. Retrieved June 20, 2013.
  13. ^ "Charge-Off Rate on Single Family Residential Mortgages, Booked in Domestic Offices, All Commercial Banks". StLouisFed.org. November 29, 2016. Retrieved January 23, 2017.
  14. ^ FHFA study February 20, 2013, at the Wayback Machine
  15. ^ AEI – The Last Trillion Dollar Commitment February 26, 2009, at the Wayback Machine
  16. ^ Labaton, Stephen (September 11, 2003). "New Agency Proposed to Oversee Freddie Mac and Fannie Mae". The New York Times. Retrieved May 2, 2010.
  17. ^ . Archived from the original on January 25, 2016. Retrieved September 30, 2008.
  18. ^ "Senate Banking, Housing, and Urban Affairs Committee 108th Congress (2002 cycle): Member Money - OpenSecrets". OpenSecrets.org. Retrieved January 23, 2017.
  19. ^ Labaton, Stephen (July 27, 2008). "New Agency Proposed to Oversee Freddie Mac and Fannie Mae". The New York Times. Retrieved September 27, 2008.
  20. ^ . Archived from the original on March 8, 2015. Retrieved September 30, 2008.
  21. ^ . Archived from the original on July 5, 2016. Retrieved October 2, 2008.
  22. ^ . Govtrack.us. Archived from the original on October 10, 2008. Retrieved October 2, 2008.
  23. ^ "Government-Sposored Enterprises (GSEs): Regulatory Reform Legislation". October 27, 2005.
  24. ^ Herszenhorn, David (July 27, 2008). "Congress Sends Housing Relief Bill to President". The New York Times. Retrieved September 6, 2008.
  25. ^ Herszenhorn, David M. (July 31, 2008). "Bush Signs Sweeping Housing Bill". The New York Times. Retrieved September 6, 2008.
  26. ^ See HR 3221, signed into law as Public Law 110-289: A bill to provide needed housing reform and for other purposes.
    Access to Legislative History: Library of Congress THOMAS: A bill to provide needed housing reform and for other purposes. September 18, 2008, at the Wayback Machine
    White House pre-signing statement: Statement of Administration Policy: H.R. 3221 – Housing and Economic Recovery Act of 2008 November 30, 2020, at the Wayback Machine (July 23, 2008). Executive office of the President, Office of Management and Budget, Washington DC.
  27. ^ "Credit and blame: A must-read on the origins of the crisis". The Economist. September 11, 2008. Retrieved September 11, 2008.
  28. ^ Irwin, Neil; Jeffrey H. Birnbaum (July 14, 2008). "U.S. Unveils Plan to Aid Mortgage Giants". The Washington Post. Retrieved July 14, 2008.
  29. ^ Paulson, Henry (July 13, 2008). "Paulson Announces GSE Initiatives". United States Department of the Treasury. Retrieved July 14, 2008.
  30. ^ "Press Release". Board of Governors of the Federal Reserve System. July 13, 2008. Retrieved July 14, 2008.
  31. ^ "Suffering a seizure: America's government takes control of Freddie Mac and Fannie Mae". The Economist. September 8, 2008. Retrieved September 11, 2008.
  32. ^ a b See the senior preferred stock and common stock warrant agreements disclosed by the Department of the Treasury on September 9, 2008:
  33. ^ (PDF). Office of Public Affairs, United States Department of the Treasury. September 7, 2008. Archived from the original (PDF) on September 9, 2008. Retrieved September 7, 2008.
  34. ^ (PDF). Federal Housing Finance Agency. September 7, 2008. Archived from the original (PDF) on September 10, 2008. Retrieved September 9, 2008.
  35. ^ . February 9, 2009. Archived from the original on April 6, 2009. Retrieved February 9, 2009.
  36. ^ Barr, Colin (September 7, 2008). "Paulson readies the bazooka: Big buyers of Fannie Mae and Freddie Mac debt have been shying away. The Treasury secretary wants to coax them back". Fortune. Retrieved September 8, 2008.
  37. ^ Raum, Tom (September 8, 2008). "US rescue of Fannie, Freddie poses taxpayer risks". Associated Press. Retrieved January 20, 2009.
  38. ^ Armour, Stephanie; James R. Healey. "Taxpayers take on trillions in risk in Fannie, Freddie takeover". USA Today. Retrieved September 13, 2008.
  39. ^ a b Faler, Brian (September 12, 2008). "Fannie Mae, Freddie Mac to Be Kept Off Budget, White House Says". Bloomberg.com. Bloomberg LLP. Retrieved September 12, 2008.
  40. ^ a b "H.R. 1872 - CBO" (PDF). United States Congress. Retrieved March 28, 2014.
  41. ^ Kasperowicz, Pete (March 28, 2014). "House to push budget reforms next week". The Hill. Retrieved April 7, 2014.
  42. ^ Kasperowicz, Pete (April 4, 2014). "Next week: Bring out the budget". The Hill. Retrieved April 7, 2014.
  43. ^ Shen, Linda (September 8, 2008). Lenders With `Outsized' GSE Stakes May Need Capital, Bloomberg, Accessed 8 September 2008
  44. ^ Weisbecker, Lee (September 25, 2008). "Gateway Bank turns to market for $40M". Triangle Business Journal. Retrieved September 25, 2008.
  45. ^ a b "Quite an event: Testing times for the swaps market". The Economist. September 11, 2008. Retrieved September 11, 2008.
  46. ^ a b "Big Payments Are Expected in Credit Default Swaps". The New York Times. Reuters. September 8, 2008. Retrieved September 12, 2008.
  47. ^ Biggadike, Oliver; Shannon D. Harrington (September 8, 2008). "Fannie, Freddie Credit-Default Swaps May Be Settled (Update3)". Bloomberg.com. Bloomberg. Retrieved September 9, 2008.
  48. ^ . (Press Release). ISDA. September 8, 2008. Archived from the original on September 13, 2008. Retrieved September 8, 2008.
  49. ^ . (Press Release). ISDA. October 6, 2008. Archived from the original on December 10, 2008. Retrieved August 5, 2009.
  50. ^ Van Duyn, Aline (September 11, 2008). "Insight: The adventure never ends in the derivatives Wonderland". Financial Times. Retrieved September 15, 2008.
  51. ^ Schneider, Howard; Eunjung Cha, Ariana (September 8, 2008). "Stock Markets Soar After Freddie, Fannie Bailouts". The Washington Post. Retrieved September 8, 2008.
  52. ^ Cramer, Jim. "Fannie, Freddie Takeover Changes the Game". TheStreet.com. September 6, 2008.
  53. ^ "Fannie or Freddie, caused the financial crisis". McClatchy. October 12, 2008.
  54. ^ Schoen, John W. "Mortgage relief plan falling short". MSNBC. March 14, 2008.
  55. ^ Ivry, Bob; Lynch, Sharon L. "Fannie Mae Unsold $5 Billion Homes Bring Peril to Shareholders". Bloomberg LP. July 23, 2008.
  56. ^ "Fannie Q2 10Q Report" September 9, 2008, at the Wayback Machine (pdf). United States Securities and Exchange Commission. August 8, 2008.
  57. ^ "Freddie Mac Consolidated Statements of Income (Unaudited)" September 9, 2008, at the Wayback Machine. Freddie Mac. August 6, 2008.
  58. ^ "The Death of Wall Street". HousingWire.com. September 22, 2008. Retrieved January 23, 2017.
  59. ^ AOL. "AOL - Finance News & Latest Business Headlines". AOL.com. Retrieved January 23, 2017.
  60. ^ Kopecki, Dawn. "Fannie Mae, Freddie 'House of Cards' Prompts Takeover". Bloomberg LP. September 6, 2008.
  61. ^ James B. Lockhart III (June 3, 2009). (PDF). FHHA. Archived from the original (PDF) on June 12, 2009. Retrieved August 5, 2009.
  62. ^ "Federal Housing Enterprise Regulatory Reform Act of 2005 (2005 - S. 190)". govtrack.us. Retrieved January 23, 2017.
  63. ^ Chris Isidore (June 16, 2010). "Fannie Mae, Freddie Mac to delist from NYSE". CNN Money. Retrieved June 19, 2010.
  64. ^ Cheyenne Hopkins; Clea Benson (August 17, 2012). "U.S. Revises Payment Terms for Fannie Mae, Freddie Mac". Bloomberg. Retrieved October 4, 2012.
  65. ^ "Fannie Mae posts $4.6B profit; paying $4.4B dividend". Associated Press. August 6, 2015. Retrieved January 8, 2016.
  66. ^ Alan Zibel (September 27, 2012). "Securities Fraud Lawsuit Dismissed Against Freddie Mac". Wall Street Journal. Retrieved October 5, 2012.
  67. ^ Ackerman, Andrew; Kendall, Brent (December 9, 2020). "Supreme Court Weighs U.S. Profit Sweep at Fannie, Freddie". The Wall Street Journal. Retrieved December 9, 2020.

External links

  • United States Department of the Treasury
Background and reaction
  • Quealy, Keven; Dylan Loeb McClain (September 15, 2008). "A Year of Heavy Losses". The New York Times. Retrieved September 30, 2008. (Graphic of change in market capitalization of major firms eleven months)
  • Cooper, George (2008). The Origin of Financial Crises: Central banks, credit bubbles and the efficient market fallacy. Petersfield, Hampshire, U.K.: Harriman House. p. 208. ISBN 978-1-905641-85-7.
  • "Fannie, Freddie and Henry". Wall Street Journal. September 9, 2008. Retrieved September 9, 2008. (Interactive timeline of Treasury Secretary Paulson's changing policy actions in relation to Fannie Mae and Freddie Mac – requires Flash.)

federal, takeover, fannie, freddie, september, 2008, federal, housing, finance, agency, fhfa, announced, that, would, take, over, federal, national, mortgage, association, fannie, federal, home, loan, mortgage, corporation, freddie, both, government, sponsored. In September 2008 the Federal Housing Finance Agency FHFA announced that it would take over the Federal National Mortgage Association Fannie Mae and the Federal Home Loan Mortgage Corporation Freddie Mac Both government sponsored enterprises which finance home mortgages in the United States by issuing bonds had become illiquid as the market for those bonds collapsed in the subprime mortgage crisis The FHFA established conservatorships in which each enterprise s management works under the FHFA s direction to reduce losses and to develop a new operating structure that will allow a return to self management 1 2 Fannie Mae headquarters at 3900 Wisconsin Avenue NW in Washington D C Contents 1 Background and financial market crisis 2 Previous attempts at GSE reform 3 Federal Housing Finance Agency and Treasury authority 3 1 Prior GSE support measures 4 Capital infusion by the Treasury 5 FHFA initial actions as conservator 6 Government support for Fannie Mae and Freddie Mac 6 1 National debt accounting 6 2 Related legislation 7 Market consequences 7 1 Bank reserves 7 2 Credit default swaps 7 3 September 2008 reactions to the seizure 8 Effects on the subprime mortgage crisis 9 Financial condition of Fannie and Freddie prior to takeover 10 Ongoing status of Fannie and Freddie conservatorship 11 See also 12 Notes 13 External linksBackground and financial market crisis EditMain article Financial crisis of 2007 2010 The combined GSE losses of US 14 9 billion and market concerns about their ability to raise capital and debt threatened to disrupt the U S housing financial market according to whom The Treasury committed to invest as much as US 200 billion in preferred stock and extend credit through 2009 to keep the GSEs solvent and operating The two GSEs had outstanding more than US 5 trillion in mortgage backed securities MBS and debt the debt portion alone was 1 6 trillion 3 The conservatorship action has been described as one of the most sweeping government interventions in private financial markets in decades 4 and one that could turn into the biggest and costliest government bailout ever of private companies 5 With a growing sense of crisis in U S financial markets the conservatorship action and commitment by the U S government to backstop the two GSEs with up to US 200 billion in additional capital turned out to be the first significant event in a tumultuous month among U S based investment banking financial institutions and federal regulatory bodies according to whom By September 15 2008 the 158 year old Lehman Brothers holding company filed for bankruptcy with intent to liquidate its assets leaving its financially sound subsidiaries operational and outside of the bankruptcy filing The collapse was the largest investment bank failure since Drexel Burnham Lambert in 1990 6 7 The 94 year old Merrill Lynch accepted a purchase offer by Bank of America for approximately US 50 billion a big drop from a year earlier market valuation of about US 100 billion A credit rating downgrade of the large insurer American International Group AIG led to a September 16 2008 rescue agreement with the Federal Reserve Bank for a US 85 billion secured loan facility in exchange for warrants for 79 9 of the equity of AIG 8 9 10 11 Previous attempts at GSE reform EditThe neutrality of this section is disputed Relevant discussion may be found on the talk page Please do not remove this message until conditions to do so are met October 2013 Learn how and when to remove this template message Fannie Mae s Reston Virginia facility The GSE business model has outperformed any other real estate business throughout its existence According to the Annual Report to Congress 12 filed by the Federal Housing Finance Agency over a span of 37 years from 1971 through 2007 Fannie Mae s average annual loss rate on its mortgage book was about four basis points Losses were disproportionately worse during the crisis years 2008 through 2011 when Fannie s average annual loss rate was 52 basis points Freddie Mac s results are comparable By way of contrast during 1991 2007 commercial banks average annual loss rate on single family mortgages was about 15 basis points 13 During 2008 2011 annual losses were 184 basis points The FHFA study 14 compares on an apples to apples basis GSEs loan originations with those for private label securitizations The study segments loans four ways by adjustable rate mortgages ARMs versus fixed rate as well as by vintage by FICO score and by loan to value ratio In almost every one of 1800 different comparisons covering years 2001 through 2008 GSE loan performance was exponentially better clarification needed On average GSE fixed rate loans performed four times better and GSE ARMs performed five times better However other critics in D C who claim that the GSE business model faces inherent conflicts due to its combination of government mission and private ownership The GSEs were given monopoly privileges against which private enterprise could not compete Both GSEs had a line of credit with the US Treasury Department and both GSEs were exempt from state and local income tax on corporate earnings The GSEs were the only two Fortune 500 companies exempt from regulation by the Securities and Exchange Commission Because of implicit government backing Fannie Mae discount notes became the second largest short term notes issued second only to Treasury bills citation needed The American Enterprise Institute a conservative think tank argues that the government mission required them to keep mortgage interest rates low and to increase their support for affordable housing Their shareholder ownership however required them to fight increases in their capital requirements and regulation that would raise their costs and reduce their risk taking and profitability But there were two other parties Congress and the taxpayers that also had a stake in the choices that Fannie and Freddie made Congress got some benefits in the form of political support from the GSEs ability to hold down mortgage rates but it garnered even more political benefits from GSE support for affordable housing 15 However such claims were at odds with the majority report of the Financial Crisis Inquiry Commission FCIC citation needed In 2003 the Bush Administration sought to create a new agency replacing the Office of Federal Housing Enterprise Oversight to oversee Fannie Mae and Freddie Mac In 1992 in the wake of the savings and loan crisis and over concern similar lending problems would develop the Office of Federal Housing Enterprise Oversight was created as part of the Department of Housing and Urban Development 16 While Senate and House leaders voiced their intention to bring about the needed legislation no reform bills materialized A Senate reform bill introduced by Senator Jon Corzine D NJ S 1656 17 never made it out of the 21 member 10 D 11 R Senate Banking Housing and Urban Affairs Committee 18 At the time some members of the 108th congress expressed faith in the solvency of Fannie Mae and Freddie Mac Congressman Barney Frank D MA for example described them as not facing any kind of financial crisis 19 In 2005 the Federal Housing Enterprise Regulatory Reform Act 20 sponsored by Senator Chuck Hagel R NE and co sponsored by Senators Elizabeth Dole R NC John McCain R AZ and John Sununu R NH 21 would have increased government oversight of loans given by Fannie Mae and Freddie Mac Like the 2003 bill it also died in the Senate Banking Housing and Urban Affairs Committee this time in the 109th Congress A full and accurate record of the congressional attempts to regulate the housing GSEs is given in the Congressional Record prepared in 2005 22 23 Federal Housing Finance Agency and Treasury authority EditThe Housing and Economic Recovery Act of 2008 passed by the United States Congress on July 24 2008 with bipartisan support and signed into law by President George W Bush on July 30 2008 enabled expanded regulatory authority over Fannie Mae and Freddie Mac by the newly established FHFA and gave the U S Treasury the authority to advance funds for the purpose of stabilizing Fannie Mae or Freddie Mac limited only by the amount of debt that the entire federal government is permitted by law to commit to The law raised the Treasury s debt ceiling by US 800 billion to a total of US 10 7 trillion in anticipation of the potential need for the Treasury to have the flexibility to support Fannie Mae Freddie Mac or the Federal Home Loan Banks 24 25 26 Prior GSE support measures Edit The September 7 conservatorship was termed by The Economist as the second bailout of the GSEs 27 Prior to the enactment of the Housing and Economic Recovery Act of 2008 on July 13 2008 Treasury Secretary Henry Paulson announced an effort to backstop the GSEs based on prior statutory authority in coordination with the Federal Reserve Bank That announcement occurred after a week in which the market values of shares of Fannie Mae and Freddie Mac fell almost by half from a previously diminished value of approximately half of year earlier market highs 28 That plan contained three measures an increase in the line of credit available to the GSEs from the Treasury to provide liquidity the right for the Treasury to purchase equity in the GSEs to provide capital and a consultative role for the Federal Reserve in a reformed GSE regulatory system 29 On the same day the Federal Reserve announced that the Federal Reserve Bank of New York would have the right to lend to the GSEs as necessary 30 Capital infusion by the Treasury EditThe agreement the Treasury made with both GSEs specifies that in exchange for future support and capital investments of up to US 100 billion in each GSE at the inception of the conservatorship each GSE shall issue to the Treasury US 1 billion of senior preferred stock with a 10 coupon without cost to the Treasury 3 31 Also each GSE contracted to issue common stock warrants representing an ownership stake of 79 9 at an exercise price of one thousandth of a U S cent 0 00001 per share and with a warrant duration of twenty years 32 The conservator FHFA signed the agreements on behalf of the GSEs 32 The 100 billion amount for each GSE was chosen to indicate the level of commitment that the U S Treasury is willing to make to keep the financial operations and financial conditions solvent and sustainable for both GSEs The agreements were designed to protect the senior and subordinated debt and the mortgage backed securities of the GSEs The GSEs common stock and existing preferred shareholders will bear any losses ahead of the government Among other conditions of the agreement each GSE s retained mortgage and mortgage backed securities portfolio shall not exceed 850 billion as of December 31 2009 and shall decline by 10 per year until it reaches 250 billion 33 FHFA initial actions as conservator EditIn the September 6 2008 conservatorship announcement Lockhart indicated the following items in the plan of action for the Federal Housing Finance Agency conservatorship 1 On September 8 2008 the first business day of the conservatorship business will be transacted normally with stronger backing for the holders of mortgage backed securities MBS senior debt and subordinated debt 34 The Enterprises will be allowed to grow their guarantee MBS books without limits and continue to purchase replacement securities for their portfolios about 20 billion per month without capital constraints As the conservator the FHFA will assume the power of the Board and management The present Chief Executive Officers CEOs of both Fannie Mae and Freddie Mac have been dismissed but will stay on to help with the transition Appointed as CEOs are Herbert M Allison for Fannie Mae and David M Moffett for Freddie Mac Allison is former Vice Chairman of Merrill Lynch and for the last eight years chairman of TIAA CREF Moffett is the former Vice Chairman and CFO of US Bancorp Their compensation will be significantly lower than the outgoing CEOs They will be joined by equally strong non executive chairmen Other management action will be very limited The new CEOs agreed it is important to work with the current management teams and employees to encourage them to stay and to continue to make important improvements to the Enterprises To conserve over 2 billion annually in capital the common stock and preferred stock dividends will be eliminated but the common and all preferred stocks will remain outstanding Subordinated debt interest and principal payments will continue to be made All political activities including all lobbying will be halted immediately Charitable activities will be reviewed There will be financing and investing relationship with the U S Treasury via three different financing facilities to provide critically needed support to Freddie Mac and Fannie Mae and also to the liquidity of the mortgage market One of the three facilities is a secured liquidity facility which will be not only for Fannie Mae and Freddie Mac but also for the 12 Federal Home Loan Banks that are regulated by FHFA Government support for Fannie Mae and Freddie Mac EditIn addition to the government conservatorship which CBO estimates will increase the federal government s net liabilities by 238 billion several government agencies have taken steps to increase liquidity within Fannie Mae and Freddie Mac Among these steps includes 35 Federal Reserve purchases of 23 billion in GSE debt out of a potential 100 billion and 53 billion in GSE held mortgage backed securities out of a potential 500 billion Federal Reserve purchases of 24 billion in GSE debt Treasury Department purchases of 14 billion in GSE stock out of a potential 200 billion Treasury Department purchases of 71 billion in mortgage backed securities Federal Reserve extension of primary credit rate for loans to the GSEsNational debt accounting Edit The on or off balance sheet obligations of the two GSEs which are independent corporations rather than federal agencies are just over 5 trillion a significant amount when compared to the 9 5 trillion of officially reported United States public debt at the time of the takeover 36 The September 6 2008 conservatorship and the subsequent planned Treasury infusion of capital support the senior liabilities subordinated indebtedness and mortgage guarantees of the two firms Some observers see this as an effective nationalization of the companies that ultimately places taxpayers at risk for all their liabilities 37 The federal government follows specialized accounting standards set by the Federal Accounting Standards Advisory Board The net exposure to taxpayers is difficult to determine at the time of the takeover and depends on several factors such as declines in housing prices and losses on mortgage assets in the future 38 The Congressional Budget Office director Peter R Orszag announced on September 9 2008 that the CBO intended to incorporate the assets and liabilities of the two companies into their federal budget planning due to the degree of government control over the entities 3 39 The White House Budget Director Jim Nussle on September 12 2008 indicated their budget plans would not incorporate the GSE debt into the budget because of the temporary nature of the conservator intervention 39 Bloomberg reported that according to CMA Datavision of London that five year credit default swap contracts on U S government debt increased 3 5 basis points on September 9 2008 to a record 18 up from 6 basis points in April in reaction to concerns about the potential rise in U S debt from bailouts 3 Related legislation Edit On May 8 2013 Representatives Scott Garrett introduced the Budget and Accounting Transparency Act of 2014 H R 1872 113th Congress into the United States House of Representatives during the 113th United States Congress The bill if it were passed would modify the budgetary treatment of federal credit programs such as Fannie Mae and Freddie Mac 40 The bill would require that the cost of direct loans or loan guarantees be recognized in the federal budget on a fair value basis using guidelines set forth by the Financial Accounting Standards Board 40 The changes made by the bill would mean that Fannie Mae and Freddie Mac were counted on the budget instead of considered separately and would mean that the debt of those two programs would be included in the national debt 41 These programs themselves would not be changed but how they are accounted for in the United States federal budget would be The goal of the bill is to improve the accuracy of how some programs are accounted for in the federal budget 42 Market consequences EditBank reserves Edit Many commercial banks in the United States own Freddie and Fannie preferred shares Those shares have had their dividends suspended and are junior to the senior preferred stock issued to the Treasury in the restructuring of the two companies The market value of the preferred shares plunged after the restructuring announcement and suspension of dividends Banks were required to write down the value of Freddie and Fannie preferred stock held in their portfolios compounding capitalization concerns for certain U S banks 43 Gateway bank agreed to be bought out by Hampton Roads Bankshares Inc to make up for a writedown of 40 million on its stock in Fannie and Freddie which put it below regulatory requirements to be considered adequately capitalized 44 Credit default swaps Edit In the credit default swap CDS market the standard contracts typically used between parties to a swap define the action of placing Fannie Mae and Freddie Mac into conservatorship to be equivalent to bankruptcy because of the change in management control In CDS parlance this is termed a credit event and that triggers the settling of outstanding contracts for the derivatives which are used to hedge or speculate on the potential risk that a company will default on its bonds The two GSEs have approximately US 1 5 trillion in bonds outstanding and since the market in credit default swaps is not public there is no central reporting mechanism to verify how many credit default swaps are linked to those bonds One estimate floated is US 500 billion and that the entire CDS market has a notional value in the vicinity of US 62 trillion 45 46 Settlement on the contracts will likely be the largest in the market s decade long history needs update 46 Credit default swaps on Fannie and Freddie have been among the most actively traded the several months leading up to the conservatorship Thirteen major dealers of credit default swaps agreed unanimously that the rescue constitutes a credit event triggering payment or delivery of the companies bonds according to a memo circulated by the International Swaps and Derivatives Association ISDA after the conservatorship announcement 47 The day after the conservatorship announcement the International Swaps and Derivatives Association which sets industry standardized contracts for financial derivatives and swaps announced it was working on a protocol on how to evaluate and settle Fannie Mae and Freddie Mac credit default swaps 48 Most of these swaps were settled on October 6 2008 49 Paradoxically in relation to typical experiences when a company issuing bonds has a credit event the value of the two GSEs bonds rose to the vicinity of par value after the conservatorship This means that some owners of swaps that were hedging against the risk of a bond default may be worse off since the value of the bonds may be higher than when they purchased the swap Cash auctions are reported to be scheduled for October 2008 to settle CDS contracts in relation to the GSEs 45 50 September 2008 reactions to the seizure Edit The immediate reactions in the finance markets on Monday September 8 the day following the seizure appeared to indicate satisfaction with at least the short term implications of the Treasury s intervention Governor of the Bank of Japan Masaaki Shirakawa stated We expect the action would lead to stabilize the U S mortgage backed securities market financial market and the international financial market Governor of the People s Bank of China China s central bank Zhou Xiaochuan stated From my point of view this is positive 51 Effects on the subprime mortgage crisis EditThe effects on the subprime mortgage crisis have led the government to support the soundness of the obligations and guarantees on securities issued by Fannie and Freddie to obtain funds Those funds are in turn used to purchase mortgages from originating banks The continuing soundness of GSE obligations enhances market liquidity loanable funds in the following ways 52 Banks can be assured that Fannie and Freddie have funds to purchase conforming loans so they can increase such lending This improves liquidity in the mortgage market lowering interest rates In 2006 Fannie and Freddie insured 70 of all subprime loans so they needed to keep these loans viable 53 Lower borrowing costs for banks typically increase the spread between the rate at which they borrow and which they lend This increases bank profitability shoring up bank liquidity and balance sheets further Adjustable rate mortgage ARM rates are reduced which lowers pressure on homeowners and reduces foreclosures Lower rates also encourage new home purchases The government s role as the primary investor allows a systematic loan refinancing process to be implemented This should enable rapid loan adjustments or workouts for homeowners which have been facing bottlenecks due to the requirement to have various investors approve the adjustments 54 For example the government could rapidly push down 45 year mortgage terms and fixed low interest rates enabling many more homeowners to stay in their homes This will reduce foreclosures significantly helping to stabilize home prices The government can restructure mortgages so that the loan balance is reduced to the current market value reducing the incentive for homeowners to walk away from the property With home prices more stabilized the value of mortgage backed securities receives some upward support Financial condition of Fannie and Freddie prior to takeover EditOver 98 of Fannie s loans were paying timely during 2008 55 Both Fannie and Freddie had positive net worth as of the date of the takeover meaning the value of their assets exceeded their liabilities However Fannie s total assets to capital leverage ratio was about 20 1 while Freddie s was about 70 1 56 57 These numbers increase significantly if one includes all the mortgage backed assets they guaranteed These ratios are considerably higher than investment banks which leverage around 30 1 58 59 However there was concern according to whom that the GSEs liquidity was insufficient to handle growing delinquency rates such that although viable in September 2008 the scale of loss in the future would be sufficient that insolvency would occur and that knowledge of this future failure would induce immediate or near immediate failure due to buyers refusing to buy debt Both GSEs roll over large amounts of debt on a quarterly basis and failure to sell debt would lead to failure due to lack of liquidity A slower form of failure would be the issuing of debt at high cost to compensate buyers for risk which would greatly diminish the earning power of both GSEs rendering them unable to earn the money they would need to handle expected future losses Both GSEs counted large amounts of deferred tax assets towards their regulatory capital which were considered by some who to be of low quality and not truly available capital The deferred tax assets would only have value if the companies were profitable and could use the assets to offset future taxes Both companies had experienced significant losses and were likely to face more over the next year or longer 60 Ongoing status of Fannie and Freddie conservatorship EditIn testimony before a House Financial Services Committee subcommittee on June 3 2009 Federal Housing Finance Agency Director James B Lockhart III presented his report The Present Condition and Future Status of Fannie Mae and Freddie Mac 61 Highlights of the report include the Treasury Department s commitment to fund up to 200 billion in capital for each enterprise is expected be sufficient the enterprises own or guarantee 56 of the single family mortgages in the USA or 5 4 trillion of the total 11 9 trillion in outstanding mortgage debt their combined share of mortgages originated in the first quarter of 2009 was 73 private label mortgage backed securities PLS are a major driver of Enterprise losses both Enterprises are heavily involved in planning and implementing the Making Home Affordable and the Home Affordable Refinance programs The report notes As of March 31 2009 seriously delinquent loans accounted for 2 3 of single family mortgages owned or guaranteed for Freddie Mac and 3 2 for Fannie Mae While those are historically high levels they compare favorably to industry averages of 4 7 for all prime loans 7 2 for all single family mortgages 24 9 for all subprime mortgages and 36 5 for subprime adjustable rate mortgages The report provides background on the origins of PLS and the risk they present PLS loans represent 15 of mortgages but 50 of serious delinquencies In contrast at year end 2008 the loans the enterprises held or guaranteed represented 56 of the U S single family mortgages outstanding but 20 of serious delinquencies The credit quality of investments in PLS has proven to be much worse than the initial AAA credit ratings of those securities would have suggested The ongoing uncertainty surrounding the true economic value of PLS will continue to raise safety and soundness concerns The report notes the for profit structure of the GSEs worked counter to prudent risk management as competition reduced both market share and profits thus eroding the GSEs credit requirements To maintain profitability each Enterprise increased purchases of PLS backed by alternative mortgages and of high risk whole loans And while many had criticized the OFHEO and sought to replace it Purchases of PLS ultimately proved disastrous for the Enterprises Credit and market value losses would have been even larger had the Office of Federal Housing Enterprise Oversight OFHEO one of FHFA s predecessor agencies not increased the Enterprises capital requirement by 30 and capped their asset portfolios because of accounting and control problems The George W Bush administration was prevented from taking official action due to Senate Bill 190 of the 109 Congress never being allowed a full Senate vote even though it was passed out of committee on a 13 9 vote along party lines 13 Republicans voted Yes and 9 Democrats voted No 62 doing so would have prevented Congress home ownership goals being realized On June 16 2010 it was announced that the two GSEs would have their shares delisted from the NYSE 63 An article from August 2012 in Bloomberg noted that the companies have drawn 190 billion in aid and paid 46 billion in dividends since being taken over by U S regulators in 2008 64 CBS News reported on August 6 2015 that Fannie Mae alone has paid a total of 142 5 billion in dividends since receiving a bailout of 116 billion in 2008 65 On September 24 2012 a judge dismissed a class action lawsuit that contended that Freddie Mac made misleading statements about its exposure to risky loans in the run up to the company s federal takeover 66 As of 2018 profits from Fannie Mae and Freddie Mac are still being sent to the Treasury Department Main article Collins v Mnuchin Shareholders of Fannie Mae and Freddie Mac have challenged the Net Worth Profit taking by the government in part by challenging the structure of the FHFA They argued that the FHFA as established by Congress has a Director that can only be removed for cause and not at will The Fifth Circuit Court of Appeals sided with the shareholders both on its initial hearing and in an en banc review Both sides of the case petitioned to the Supreme Court to review case during this time the Court ruled in Seila Law LLC v Consumer Financial Protection Bureau 591 U S 2020 that the Consumer Financial Protection Bureau another Congress established agency with a Director that could only be removed for cause was unconstitutional Subsequently the Court certified the petition for FHFA case to review its structure as well as if the profit taking decision and other orders should be reversed should the Director position be considered unconstitutional The Court heard oral arguments to this case on December 9 2020 67 See also EditGovernment policies and the subprime mortgage crisis Subprime mortgage crisis United States housing bubble Conservatorship NationalizationNotes Edit a b Lockhart James B III September 7 2008 Statement of FHFA Director James B Lockhart Federal Housing Finance Agency Archived from the original on September 12 2008 Retrieved September 7 2008 Fact Sheet Questions and Answers on Conservatorship PDF Federal Housing Finance Agency September 7 2008 Archived from the original PDF on September 9 2008 Retrieved September 7 2008 a b c d Kopecki Dawn September 11 2008 U S Considers Bringing Fannie Freddie on to Budget Bloomberg Retrieved September 11 2008 Goldfarb Zachary A David Cho Binyamin Appelbaum September 7 2008 Treasury to Rescue Fannie and Freddie Regulators Seek to Keep Firms Troubles From Setting Off Wave of Bank Failures The Washington Post pp A01 Retrieved September 7 2008 Duhigg Charles Labaton Stephen Sorkin Andrew Ross September 7 2008 As Crisis Grew One Option Remained The New York Times Retrieved September 8 2008 Lehman Brothers Who we are Retrieved September 15 2008 Sorkin Andrew Ross Jenny Anderson Ben White September 14 2008 In Frantic Day Wall Street Banks Teeter The New York Times Retrieved January 15 2008 United States Federal Reserve Board of Governors Press release Federal Reserve Board met with full support of the Treasury Department authorizes the Federal Reserve Bank of New York to lend up to US 85 billion to the American International Group AIG September 16 2008 Kaiser Emily September 17 2008 After AIG rescue Fed may find more at its door Reuters Retrieved September 17 2008 Andrews Edmund L Michael J de la Merced Mary Williams Walsh September 16 2008 Fed s 85 Billion Loan Rescues Insurer The New York Times Dash Eric Andrew Ross Sorkin Michael J de la Merced David M Herszenhorn September 17 2008 Throwing a Lifeline to a Troubled Giant The New York Times Annual Report to Congress PDF Archived from the original PDF on May 12 2013 Retrieved June 20 2013 Charge Off Rate on Single Family Residential Mortgages Booked in Domestic Offices All Commercial Banks StLouisFed org November 29 2016 Retrieved January 23 2017 FHFA study Archived February 20 2013 at the Wayback Machine AEI The Last Trillion Dollar Commitment Archived February 26 2009 at the Wayback Machine Labaton Stephen September 11 2003 New Agency Proposed to Oversee Freddie Mac and Fannie Mae The New York Times Retrieved May 2 2010 S 1656 Archived from the original on January 25 2016 Retrieved September 30 2008 Senate Banking Housing and Urban Affairs Committee 108th Congress 2002 cycle Member Money OpenSecrets OpenSecrets org Retrieved January 23 2017 Labaton Stephen July 27 2008 New Agency Proposed to Oversee Freddie Mac and Fannie Mae The New York Times Retrieved September 27 2008 Federal Housing Enterprise Regulatory Reform Act Archived from the original on March 8 2015 Retrieved September 30 2008 Bill Summary amp Status 109th Congress 2005 2006 S 190 Cosponsors THOMAS Library of Congress Archived from the original on July 5 2016 Retrieved October 2 2008 GovTrack Senate Record FEDERAL HOUSING ENTERPRISE REGULATORY REFORM 109 s20060525 16 Govtrack us Archived from the original on October 10 2008 Retrieved October 2 2008 Government Sposored Enterprises GSEs Regulatory Reform Legislation October 27 2005 Herszenhorn David July 27 2008 Congress Sends Housing Relief Bill to President The New York Times Retrieved September 6 2008 Herszenhorn David M July 31 2008 Bush Signs Sweeping Housing Bill The New York Times Retrieved September 6 2008 See HR 3221 signed into law as Public Law 110 289 A bill to provide needed housing reform and for other purposes Access to Legislative History Library of Congress THOMAS A bill to provide needed housing reform and for other purposes Archived September 18 2008 at the Wayback Machine White House pre signing statement Statement of Administration Policy H R 3221 Housing and Economic Recovery Act of 2008 Archived November 30 2020 at the Wayback Machine July 23 2008 Executive office of the President Office of Management and Budget Washington DC Credit and blame A must read on the origins of the crisis The Economist September 11 2008 Retrieved September 11 2008 Irwin Neil Jeffrey H Birnbaum July 14 2008 U S Unveils Plan to Aid Mortgage Giants The Washington Post Retrieved July 14 2008 Paulson Henry July 13 2008 Paulson Announces GSE Initiatives United States Department of the Treasury Retrieved July 14 2008 Press Release Board of Governors of the Federal Reserve System July 13 2008 Retrieved July 14 2008 Suffering a seizure America s government takes control of Freddie Mac and Fannie Mae The Economist September 8 2008 Retrieved September 11 2008 a b See the senior preferred stock and common stock warrant agreements disclosed by the Department of the Treasury on September 9 2008 Fannie Mae Senior Preferred Stock Archived September 9 2008 at the Wayback Machine Fannie Mae Certificate Archived September 9 2008 at the Wayback Machine Fannie Mae Warrant for Common Stock Archived September 9 2008 at the Wayback Machine Freddie Mac Senior Preferred Stock Archived September 9 2008 at the Wayback Machine Freddie Mac Certificate Archived September 9 2008 at the Wayback Machine Feddie Mac Warrant for Common Stock Archived September 9 2008 at the Wayback Machine Fact Sheet Treasury Senior Preferred Stock Purchase Agreement PDF Office of Public Affairs United States Department of the Treasury September 7 2008 Archived from the original PDF on September 9 2008 Retrieved September 7 2008 Statement of Federal Housing Finance Agency Regarding Contracts of Enterprises in Conservatorship PDF Federal Housing Finance Agency September 7 2008 Archived from the original PDF on September 10 2008 Retrieved September 9 2008 Committee for a Responsible Federal Budget Stimulus Watch February 9 2009 Archived from the original on April 6 2009 Retrieved February 9 2009 Barr Colin September 7 2008 Paulson readies the bazooka Big buyers of Fannie Mae and Freddie Mac debt have been shying away The Treasury secretary wants to coax them back Fortune Retrieved September 8 2008 Raum Tom September 8 2008 US rescue of Fannie Freddie poses taxpayer risks Associated Press Retrieved January 20 2009 Armour Stephanie James R Healey Taxpayers take on trillions in risk in Fannie Freddie takeover USA Today Retrieved September 13 2008 a b Faler Brian September 12 2008 Fannie Mae Freddie Mac to Be Kept Off Budget White House Says Bloomberg com Bloomberg LLP Retrieved September 12 2008 a b H R 1872 CBO PDF United States Congress Retrieved March 28 2014 Kasperowicz Pete March 28 2014 House to push budget reforms next week The Hill Retrieved April 7 2014 Kasperowicz Pete April 4 2014 Next week Bring out the budget The Hill Retrieved April 7 2014 Shen Linda September 8 2008 Lenders With Outsized GSE Stakes May Need Capital Bloomberg Accessed 8 September 2008 Weisbecker Lee September 25 2008 Gateway Bank turns to market for 40M Triangle Business Journal Retrieved September 25 2008 a b Quite an event Testing times for the swaps market The Economist September 11 2008 Retrieved September 11 2008 a b Big Payments Are Expected in Credit Default Swaps The New York Times Reuters September 8 2008 Retrieved September 12 2008 Biggadike Oliver Shannon D Harrington September 8 2008 Fannie Freddie Credit Default Swaps May Be Settled Update3 Bloomberg com Bloomberg Retrieved September 9 2008 ISDA to Publish Protocol for Fannie and Freddie Press Release ISDA September 8 2008 Archived from the original on September 13 2008 Retrieved September 8 2008 ISDA ANNOUNCES SUCCESSFUL IMPLEMENTATION OF FANNIE MAE FREDDIE MAC CDS PROTOCOL Press Release ISDA October 6 2008 Archived from the original on December 10 2008 Retrieved August 5 2009 Van Duyn Aline September 11 2008 Insight The adventure never ends in the derivatives Wonderland Financial Times Retrieved September 15 2008 Schneider Howard Eunjung Cha Ariana September 8 2008 Stock Markets Soar After Freddie Fannie Bailouts The Washington Post Retrieved September 8 2008 Cramer Jim Fannie Freddie Takeover Changes the Game TheStreet com September 6 2008 Fannie or Freddie caused the financial crisis McClatchy October 12 2008 Schoen John W Mortgage relief plan falling short MSNBC March 14 2008 Ivry Bob Lynch Sharon L Fannie Mae Unsold 5 Billion Homes Bring Peril to Shareholders Bloomberg LP July 23 2008 Fannie Q2 10Q Report Archived September 9 2008 at the Wayback Machine pdf United States Securities and Exchange Commission August 8 2008 Freddie Mac Consolidated Statements of Income Unaudited Archived September 9 2008 at the Wayback Machine Freddie Mac August 6 2008 The Death of Wall Street HousingWire com September 22 2008 Retrieved January 23 2017 AOL AOL Finance News amp Latest Business Headlines AOL com Retrieved January 23 2017 Kopecki Dawn Fannie Mae Freddie House of Cards Prompts Takeover Bloomberg LP September 6 2008 James B Lockhart III June 3 2009 The Present Condition and Future Status of Fannie Mae and Freddie Mac PDF FHHA Archived from the original PDF on June 12 2009 Retrieved August 5 2009 Federal Housing Enterprise Regulatory Reform Act of 2005 2005 S 190 govtrack us Retrieved January 23 2017 Chris Isidore June 16 2010 Fannie Mae Freddie Mac to delist from NYSE CNN Money Retrieved June 19 2010 Cheyenne Hopkins Clea Benson August 17 2012 U S Revises Payment Terms for Fannie Mae Freddie Mac Bloomberg Retrieved October 4 2012 Fannie Mae posts 4 6B profit paying 4 4B dividend Associated Press August 6 2015 Retrieved January 8 2016 Alan Zibel September 27 2012 Securities Fraud Lawsuit Dismissed Against Freddie Mac Wall Street Journal Retrieved October 5 2012 Ackerman Andrew Kendall Brent December 9 2020 Supreme Court Weighs U S Profit Sweep at Fannie Freddie The Wall Street Journal Retrieved December 9 2020 External links EditUnited States Department of the TreasuryBackground and reactionQuealy Keven Dylan Loeb McClain September 15 2008 A Year of Heavy Losses The New York Times Retrieved September 30 2008 Graphic of change in market capitalization of major firms eleven months Cooper George 2008 The Origin of Financial Crises Central banks credit bubbles and the efficient market fallacy Petersfield Hampshire U K Harriman House p 208 ISBN 978 1 905641 85 7 Fannie Freddie and Henry Wall Street Journal September 9 2008 Retrieved September 9 2008 Interactive timeline of Treasury Secretary Paulson s changing policy actions in relation to Fannie Mae and Freddie Mac requires Flash Retrieved from https en wikipedia org w index php title Federal takeover of Fannie Mae and Freddie Mac amp oldid 1109079154, wikipedia, wiki, book, books, library,

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