What Does the Fannie/Freddie Takeover Mean to You?

Fannie Mae (FNMA) and Freddie Mac (FHLMC) are two of the government sponsored enterprises established by the U.S. Congress to make loans and loan guarantees. They reduce the cost of capital for certain borrowers, including homeowners. They are regulated, no longer by HUD, but by a new regulator, the Federal Housing Finance Agency (FHFA) under the recent reorganization signed into law in July by President Bush.

The 12 GSE banks which also help finance housing are also a cause of concern to those who "worry that the rapid growth of other government-sponsored enterprises, most prominently the 12 Federal Home Loan Banks, eventually might create headaches for the financial industry and American taxpayers." The home loan banks, which were created during the Depression amid a wave of bank failures, have lent billions of dollars to banks and thrifts that are themselves exposed to troubled home loans.

In terms of names we recognize (per a New York Times article) "Washington Mutual, the nation’s largest savings and loan, nearly doubled its borrowing from the Federal Home Loan Bank System over the last year, to $47.7 billion, according to government filings. The Wachovia Corporation has also ramped up its borrowing, in part because of its acquisition of Golden West, a big California lender. In 2007, before it was sold to Bank of America, the Countrywide Financial Corporation took out more than $53.2 billion as it fought to stay afloat." Perhaps you've noticed the TV ads to bring in new customers--the mortgage side of some banks is struggling and they are attempting to build up their retail side with new customer accounts.

"Collectively, the home loan banks have never reported a loss in the system’s 76-year history. Many experts say the risk that lenders will fail to pay back the home loan banks is small, particularly because the loans are secured by collateral in the form of high-quality mortgages and other protections. Still, the explosive growth of the system concerns some analysts, who worry that the loan banks enable overly aggressive lenders to continue to make loans. "

On the other hand, the GSEs hold nearly half --or $5 trillion-- of all mortgages in the U.S. and account for almost all of the new mortgages in California, and one question is, will a privatized Fannie and Freddie change the availability of the fixed 30-year mortgage? The lack of institution-based mortgage securities may mean more expensive capital, and more expensive home loans. This will greatly affect the markets in areas such as California and reduce homeownership, if these GSEs are not allowed to carry out their basic mission?

"The FIRPTA Fix"--HERA of 2008

What this fix means under the Housing and Economic Recovery Act, much to the relief of sellers everywhere, is that the seller is no longer required to provide the seller's Social Security number to the buyer in order to fulfill the IRS requirements when selling property. The new option is to provide that on a form to escrow or "qualified substitute" who in turn povides a statement to the buyer. This, by the way, comes under the Foreign Investment in Real Property Tax Act, otherwise known as "FIRPTA", and sometimes I find it searched for as "ferpta" (just a little side note if you want to find it under the right acronym). Although California buyers are currently required to sign a Realtor-based FIRPTA form saying the seller's Social Security number will in no way be misused or abused, obviously there is less exposure by only providing it to the qualified 3rd party, or escrow officer.

Per California Association of Realtors: "The federal withholding law is now similar to California's Franchise Tax Board (FTB) policy which allows the escrow officer to remove the seller's tax ID number from the buyer's copy of the California withholding tax statement, but not other copies."

Key Provisions in New Housing Bill

Trying to follow this new law? Like the thread under this little reader, it will take time to unwind and fully realize the impact on buyers, lenders and current homeowners.

The Republicans most in favor of this new law were those whose districts are most impacted by high foreclosures and vacancy rates. Most of the Democrats were happy. It's been a controversial bill, and there are still doubts and disagreements by many as to its complete effectiveness. (Here's a housing example from right here in the Long Beach area: Yesterday, in a comparable market analysis for a specific downtown property, on one street in 90802 there were 20 condos listed under $300,00, 15 of which were listed as vacant. )

Signed this morning without the usual Congressional member representation at the meeting (the President was not originally in favor of it), the Federal Housing and Economic Recovery Act of 2008 includes:

New permanent higher cap on loans that can be purchased by Fannie Mae or Freddie Mac--$625,500 (that up from the previous limit, down from the 2008 temporary loan limit). The new loan limits for Fannie Mae and Freddie Mac are the greater of either $417,000 or 115 percent of an area’s median home price, up to $625,500. The new FHA loan limit will be the greater of $271,050 or 115 percent of an area’s median home price, up to $625,500. Both new loan limits will be effective at the expiration of the economic stimulus limits on December 31, 2008.

• New independent agency will regulate the two entities which now own more than half of the nation's $12 trillion of residential mortgage debt.


• Truth-in-lending requirements that explain a borrower's refinanced mortgage, new purchase mortgage, or home equity line of credit purchase.


• The FHA may now insure the full value of a home on a reserve mortgage, up to $625,000.


• Homeowner access to HUD home finance counseling services.


• Program to help refinance current eligible homeowners into 30-year, fixed rate mortgages--lenders may have to accept a lower loan amount.


• Community Development Block Grant funds to help rehabilitate foreclosed homes in areas of high foreclosures.


• Tax benefit of $7500 or 10% of home's purchase price, whichever is less, for first time homebuyer with $75,000 in adjusted gross income or $150,000 for couples filing jointly. The refund serves as an interest-free loan and the homeowner is required to repay it in equal installments over 15 years.


• Starting October 1, forbid the FHA from insuring mortgages where a seller contributes to the buyer's down payment (seller-assisted programs such as the HART and Nehemiah programs). Down-payment assistance from family, employers and other nonprofits is still allowed.

Long Beach long beach real estate 'Voice this!