2021 is off to a quick start as the Biden administration has made housing policy a key focus during its first month in office. U.S. Mortgage Insurers (USMI) is ready to work with the new administration and Congress to advance sound housing policies that create a more equitable and sustainable housing finance system. Below are some of the key developments from the beginning of the year:

USMI Publishes Op-Ed in The Hill on Housing Affordability
USMI Co-Signs Letter with Diverse Collation to Biden Administration on Housing Recovery
President Biden Signs Executive Order on Housing Equity
USMI Sends Letter to HUD Secretary-Designee Marcia Fudge
USMI Publishes Blog on the New Congress
What We Are Reading

• USMI Publishes Op-Ed in The Hill on Housing Affordability. On January 31, The Hill published an op-ed by USMI President Lindsey Johnson titled, “We must increase access to affordable mortgages for minority borrowers.” Johnson outlines ways the housing finance system can use data-driven, targeted approaches to reduce barriers to affordable mortgages for Black and Hispanic households. She notes that while COVID-19 has compounded existing racial and economic gaps, there are several long-term issues that unnecessarily increase costs or create barriers for minority borrowers seeking to become homeowners. Impending changes like the recently finalized capital requirements for the government sponsored enterprises (GSEs), Fannie Mae and Freddie Mac, could further stress mortgage affordability; while current policies like the GSEs’ arbitrary loan-level price adjustments (LLPAs) further drive up costs and push homeownership out of reach.
  
  Johnson called on policymakers to recognize the critical role of low down payment mortgage options in facilitating homeownership, noting that more than 80 percent of first-time homebuyers used these options in the past several years. She also called for more targeted assistance programs for borrowers who may lack intergenerational wealth or equity from a previous home to contribute to a down payment, and highlighted Rep. Al Lawson’s (D-FL) First-Time Homeowners Assistance Act and President Biden’s interest in a first-time homebuyer tax credit. Johnson also recommends that the Biden administration assemble a housing affordability task force that “includes broad representation from industry, consumer advocate community, and government to formulate an action plan, build consensus, and get to work.”

• USMI Co-Signs Letter with Diverse Collation to Biden Administration on Housing Recovery. On January 21, USMI joined the Black Homeownership Collaborative, along with more than 30 industry stakeholders, on a letter to the Biden administration requesting that the American Rescue Plan include assistance to homeowners impacted by COVID-19. The group noted the growing risk to homeownership caused by the pandemic, which has profound implications for people of color, adding that “our country cannot afford to see more damage done to minority homeowners.”
  
  Specifically, the signatories urged President Biden to include in his relief proposal to Congress a $25 billion Housing Assistance Fund, modeled on the 2010 Hardest Hit Fund, to facilitate direct assistance to homeowners. The direct assistance would provide funds to state housing finance agencies to help households experiencing COVID-19 related hardship bring their mortgage loans current. The letter also called on the Biden administration to extend the foreclosure moratorium and continue to process forbearance applications on federally-backed mortgages.
  
  The National Housing Conference (NHC), National Fair Housing Alliance (NFHA), Mortgage Bankers Association (MBA), Local Initiatives Support Corporation (LISC), and the Leadership Conference on Civil and Human Rights, were among the letter’s signatories.

• President Biden Signs Executive Order on Housing Equity. On January 26, President Biden issued an executive order titled, “Memorandum on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies.” The order highlighted that throughout the 20^th century, the U.S. government “systematically implemented racially discriminatory housing policies,” the effects of which can be seen today in the racial homeownership gap and the systemic barriers to safe, accessible, and affordable housing for traditional marginalized groups, including people of color. The order further called on the federal government to play a critical role “in overcoming and redressing this history of discrimination and in protecting against other forms of discrimination by applying and enforcing Federal civil rights and fair housing laws.” Before signing the executive order, President Biden stressed that his administration will strive to implement policies that embrace equity, and not merely equality, in order to address systemic issues and provide for equal access to the American Dream of homeownership. To this end, President Biden called on the Secretary of Housing and Urban Development (HUD) to review several rules enacted in 2020 and ensure that all rules comply with HUD’s statutory duty to further fair housing and prevent practices with an unjustified discriminatory effect.

• USMI Sends Letter to HUD Secretary-Designee Marcia Fudge. Last week, USMI sent HUD Secretary-designate Fudge a letter, outlining several policies HUD should consider to ensure it is effectively promoting sustainable and affordable diverse homeownership. USMI cautioned against simply lowering credit costs, such as reducing the Federal Housing Administration (FHA) mortgage insurance premiums, as doing so will likely only increase demand during a time when supply constraints in the market have caused home prices to increase by nearly 12 percent just in the past year. Further, it will push affordability out of reach for many homeowners, especially borrowers on the lower end of the market. As FHA continues to support borrowers through the COVID-19 crisis, it will be important to not take actions that could potentially undermine FHA’s ability to help existing and future borrowers. The letter also called on policymakers to explore targeted policies to support borrowers most in need, such as targeted down payment assistance (DPA) programs for borrowers who may not even have the resources for a 3 or 3.5 percent down payment, and considering establishing reserve accounts to promote sustainable homeownership. USMI noted, “it is more important than ever that the government-backed FHA program and the conventional market backed by private MI operate in a consistent and coordinated manner,” as the two play an important and distinct role in the market and should not compete for market share.
  
  Meanwhile, the Senate Banking Committee voted 17 to 7 yesterday to approve Honorable Marcia Fudge as HUD Secretary. She now awaits a confirmation vote by the full U.S. Senate.

• USMI Publishes Blog on New Congress. USMI posted a blog providing an overview of the 117^th Congress with insights on new members to the House Financial Services Committee and Senate Banking Committee, as well as priorities for COVID-19 relief and housing policy.

• What We Are Reading. The Urban Institute published a new report titled, “The Future of Headship and Homeownership,” which examined trends in homeownership in the United States through 2040 based on current housing policies. The report found that the United States will likely see modest declines in homeownership, mostly for Black households, and that decreasing the racial homeownership gap would require expanded financial education, re-examining the mortgage qualification process, and implementing programs that sustain homeownership for borrowers with less wealth, especially people of color.

As the end of 2020 approaches, U.S. Mortgage Insurers (USMI) want to recognize and thank everyone who has worked to support homeowners and the U.S. housing finance system during a year full of unprecedented challenges. This past year has also ushered in significant federal regulatory and policy proposals and changes, and below are some of the key developments that we are following late this year. In 2021, USMI looks forward to working with policy makers and others to support a housing finance system that creates homeownership opportunities backed by private capital for more Americans.

FHFA Issues Final Capital Rule
Treasury Secretary Mnuchin Testifies Before Congress
House Financial Services Chairwoman Sends Letter to President-Elect Biden
Changes in FHFA Leadership
FHA Issues New Loan Limits and Commissioner Dana Wade Reacts
What We Are Reading

• FHFA Issues Final Capital Rule. On November 18, the Federal Housing Finance Agency (FHFA) released its final rule on the Enterprise Regulatory Capital Framework (ERCF) outlining post-conservatorship capital requirements for the government sponsored entities (GSEs), Fannie Mae and Freddie Mac. The GSEs will collectively be required to hold $284 billion in capital, representing approximately $20 billion more than was outlined in the 2020 proposed rule and more than $100 billion than the 2018 proposal. FHFA Director Mark Calabria said the ERCF “puts Fannie Mae and Freddie Mac on a path toward a sound capital footing” and it is “another milestone necessary for responsibly ending the conservatorships.”  While appropriate capital standards for the GSEs is a critical reform, USMI continues to urge FHFA to implement additional reforms necessary to put the housing finance system on a more stable footing. It is essential for these reforms to occur before the GSEs are released from conservatorship in order to strengthen the housing finance system and ensure that the GSEs’ operations comply with their congressional charters.
  
  Many organizations commented that the capital rule is an essential component of reforming the nation’s housing finance system, though several housing groups and policymakers also expressed concern about the impact of the final rule on consumers’ cost and access to mortgage finance credit. The Center for Responsible Lending said the final rule “places the burden of future catastrophic risk on the backs of these hardworking families and will unnecessarily raise the cost of mortgages for all borrowers, resulting in limited credit availability.” It added, “the rule pushes homeownership farther away from families of color long denied mortgage credit access.” Similarly, the National Association of REALTORS® also raised concerns about the impact of the rule on the cost of mortgage finance credit. Sen. Sherrod Brown (D-OH), ranking member of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, wrote in a statement that “the GSEs help millions fulfill the dream of homeownership – especially those living in underserved rural and urban areas. Director Calabria’s rush to finish this rule without addressing concerns raised about its effects is a recipe for disaster and is patently unfair to America’s homeowners and renters.”
  
  The final rule goes into effect 60 days after it is published in the Federal Register.

• Treasury Secretary Mnuchin Testifies Before Congress—Fields Questions on Possible GSE Exit from Conservatorship. On December 1 and 2, Treasury Secretary Steven Mnuchin testified before the Senate Banking Committee and the House Financial Services Committee (HFSC), respectively. While both hearings focused on the Treasury Department’s response to the COVID-19 crisis and its implementation of the CARES Act programs and relief, Secretary Mnuchin also addressed the GSEs’ possible exit from conservatorship.
  
  Senators on both sides of the aisle expressed concern regarding an exit from conservatorship for the GSEs. Senator Mike Round (R-SD) noted that in “a perfect world that conservatorship should have been ended some time ago,” but voiced his concern that releasing the GSEs too early would call into question the strength of the housing sector and asked Secretary Mnuchin about an appropriate timeline. Secretary Mnuchin reiterated the importance of the GSEs having “appropriate capital” levels before being released and emphasized that the Treasury Department has made “no decisions” on this matter. The Secretary also fielded similar questions and concerns from lawmakers when he appeared before the HFSC the next day. Among those that raised objections to the GSEs’ exit from conservatorship was HFSC Chairwoman Maxine Waters (D-CA), who expressed concerns that the Treasury Department is working with the FHFA to “rush” the GSEs out of conservatorship.
  
  In a December 10 blog post, the American Action Forum (AAF) opined on the parameters of consent orders for the GSEs and the need for additional actions to ringfence Fannie and Freddie.  AAF President Doug Holtz-Eakin wrote, “The GSEs are notorious for sidestepping caps on compensation, lobbying bans, accounting standards, and more. Capital accumulation is the easy part. A really tight leash would require a consent decree specifying in great detail the management and operation of the GSEs, and with sufficient foresight to anticipate the condition that will prevail in future housing and financial markets.”
  
  In a blog post released in recent weeks, USMI outlined key reforms that should occur, especially ahead of the possible release of the GSEs from conservatorship.

• House Financial Services Chairwoman Waters Sends Letter to President-Elect Biden. Last week, Chairwoman Waters sent a letter to President-elect Joe Biden and his transition team detailing recommendations to immediately reverse several of the actions by the Trump Administration that fall within the HFSC’s jurisdiction, including changes to the Consumer Financial Protection Bureau’s (CFPB) rulemaking and enforcement activities, as well as enhancements for oversight of Wall Street. Chairwoman Waters also called on President-elect Biden to issue an order preventing evictions and to promote stable housing during the pandemic. Key housing regulations in the letter include FHFA’s Enterprise Regulatory Capital Framework, which Chairwoman Waters said should be rescinded and also the CFPB’s General Qualified Mortgage rulemaking, which the Chairwoman recommended be paused until “various options can be thoroughly analyzed examining the potential impact for access to credit and consumer protections.”
  
  More broadly, Chairwoman Waters called on President-elect Biden to support affordable housing by addressing homelessness, promoting housing affordability, and fair housing regulations. The Chairwoman detailed a full list of policy recommendations for the Biden Administration, which can be found here.

• Changes in FHFA Leadership. FHFA announced that Principal Deputy Director Adolfo Marzol plans to retire on December 18, 2020. Director Calabria praised Marzol for his work at FHFA, specifically his leadership to “spearhead the Enterprise capital rule” and his “central role in the response to COVID-19.” Chris Bosland, FHFA’s Senior Advisor for Regulation, will succeed Marzol as the Principal Deputy Director.

• FHA Issues New Loan Limits and Commissioner Dana Wade Reacts. On December 2, the Federal Housing Administration (FHA) released its 2021 Nationwide Forward Mortgage Limits. The new national conforming limit is $548,250 for a one-unit property. The FHA’s low-cost area limit for a single unit property will increase to $356,362, or 65% of the new confirming mortgage limit. However, in high-cost areas, the new loan limit is $822,375, or 150% of the 2021 conforming loan limit. This is the fifth year in a row that the FHA has increased the floor limits. FHA Commissioner Dana Wade expressed concern about the increase stating, “FHA has seen consistent increases in loan limits during the past few years, putting it in a position to serve a segment of borrowers that may be better-served by the conventional market.” Wade continued, “FHA’s mission is to support low-to-moderate income borrowers, so why does the law permit FHA to insure mortgages up to $822,375? This is a question for Congress and the taxpayers who stand behind FHA to answer.”

• What We Are Reading: Forbes published an article titled, “4 Ways To Get A Low-Down-Payment Mortgage Without An FHA Loan.” The article noted one of the main benefits of private mortgage insurance (PMI) over government-backed loans: “You can cancel [PMI] once you have 20% equity. With an FHA loan, you would have to pay monthly mortgage insurance premiums for at least 11 years, if not for the life of the loan.”
  
  

October has been a busy month in housing finance. Last week, USMI issued a new report on the strength and resiliency of the private mortgage insurance (MI) industry. The report highlights regulatory and industry-led reforms since the 2008 financial crisis which have enabled it to better serve homebuyers and lenders. It also continued to urge the Federal Housing Finance Agency (FHFA) to develop policies for the government sponsored enterprises (GSEs), Fannie Mae and Freddie Mac, to promote a more stable and equitable housing finance system post-conservatorship.  While all eyes are on the election this week, below are other important issues USMI is tracking:

New USMI Report Released on MI Industry
USMI Blog on FHFA Re-Proposed Enterprise Regulatory Capital Framework (ERCF) and Strategic Plan
USMI’s Comments on FHFA Strategic Plan
FHFA Proposed Rule for New Enterprise Products and Activities
Urban Institute Releases October 2020 Chartbook
USMI President on “Main St. Finance” Podcast
ICYMI: CFPB Extends QM Patch

• New USMI Report Released on MI Industry. Last week, USMI released a new report titled, “Private Mortgage Insurance: Stronger and More Resilient.” The report highlights significant regulatory and industry-led reforms taken since the 2008 financial crisis to improve and strengthen the role of private MI in the nation’s housing finance system. It analyzes the various steps the industry and regulators have undertaken and continue to take to ensure sustainable mortgage credit through all market cycles and to better serve low down payment borrowers in the conventional market, especially during critical economic times like these.
  
  Upon the report’s release, USMI President Lindsey Johnson said, “Though private mortgage insurers have been a crucial part of the housing finance system for more than 60 years, this is definitely ‘not your father’s’ MI industry.  Enhanced capital and operational standards, as well as increased active management of mortgage credit risk, including through the distribution of credit risk to the global reinsurance and capital markets, has put the industry in a stronger position.” She added, “These enhancements will enable the industry to be a more stabilizing force through different housing cycles — including the current COVID-19 crisis — which greatly benefits the GSEs and taxpayers and enhances the conventional mortgage finance system.”
  
  The report details several of the major enhancements to the industry in the last decade, including: Private Mortgage Insurer Eligibility Requirements (PMIERs); New Master Policy; Rescission Relief Principles; and MI Credit Risk Transfer (MI-CRT) Structures. The report provides an update on the growing MI-CRT market, noting that as of October 2020, private MI companies have transferred nearly $41.4 billion in risk on approximately $1.8 trillion of insurance-in-force (IIF) since 2015 using 23 reinsurance deals and 30 insurance-linked note (ILN) transactions.

• USMI Blog on FHFA Re-Proposed ERCF and Strategic Plan. This week, USMI published a blog titled, “Capital Alone is Not Comprehensive Housing Finance Reform: More Administrative Actions are Required & FHFA’s Re-Proposed Capital Framework Should be Modified.” The piece emphasizes the importance of the appropriate level of capital for Fannie Mae and Freddie Mac, but also the need for additional reforms prior to the GSEs’ exit from conservatorship. FHFA’s re-proposed ERCF will guide FHFA as it works to release the GSEs from conservatorship. As proposed, the ERCF would require the GSEs to hold about 10 times their current capital levels ($243 billion versus $28 billion, respectively, as of Q2 2020) and roughly five times their projected losses under a severe economic downturn.  USMI submitted its comment letter on the re-proposed ERCF in August 2020 and published an executive summary as well.
  
  USMI agrees that a robust and appropriately tailored capital standard for the GSEs is necessary and should strike the right balance to ensure consumers’ continued access to affordable mortgage credit while also protecting taxpayers. However, the ERCF has several overly conservative elements, such as the treatment of private MI and CRT transactions, as well as numerous non-risk adjusted capital buffers. Instead, USMI suggests FHFA should reduce or eliminate non-risk based elements and build the capital rule around an insurance framework, given the GSEs’ core function is a guaranty business. The framework should ultimately ensure adequate capital for the risks taken by the GSEs, but should not be set to an arbitrarily high level that puts homeownership out of reach for many American families.

• USMI’s Comments on FHFA’s Strategic Plan. USMI’s blog also discusses USMI’s recommendations for FHFA’s Strategic Plan for Fiscal Years 2021-2024. USMI welcomes FHFA’s work on a post-conservatorship capital framework, but notes that it is important to recognize that capital alone is not comprehensive GSE reform, and additional actions are necessary to reform the housing finance system and put it on more stable footing for the long-term.Earlier this month, USMI submitted a comment letter to FHFA on its Strategic Plan. In its comment, USMI recommended that FHFA take further steps to reduce the GSEs’ risk exposure, level the playing field, and increase transparency around the GSEs’ pricing and business operations. USMI called for FHFA to take five specific actions in advance of the GSEs’ exit from conservatorship:
  
  1. Limit the GSEs’ activities to those necessary to fulfill their intended role of facilitating a liquid secondary market for mortgages, preserving the “bright line” separation between the primary and secondary mortgage markets;
  2. Increase transparency around the GSEs’ operations, credit decisioning, technologies, and role in the housing finance system;
  3. Require a “notice and comment period” process and prior approval for new products and activities at the GSEs;
  4. Require that counterparty standards be set by or in coordination with FHFA, and not just the GSEs; and
  5. Promote a clear, consistent, and coordinated housing finance system.

• FHFA Proposed Rule for New Enterprise Products and Activities. Last week, FHFA released a proposed rule concerning “Prior Approval for Enterprise Products” that would require the GSEs to provide notice to FHFA before undertaking a new activity and obtain prior approval from FHFA before offering a new product. USMI welcomes Director Calabria’s effort to establish a more transparent and objective process for the development and implementation of new GSE products and activities. USMI further believes that the GSEs should only introduce new products, activities, and pilots when there is clear and compelling evidence that the GSEs are needed to fill a market void that the private market cannot meet. This rule would allow a rigorous review of the GSEs’ efforts and ensure that the GSEs’ activities are not duplicative nor unfairly competitive with the primary and private market participants.
  
  In response to the release of the proposed rule, the National Taxpayers Union (NTU) published a blog  titled, “Latest GSE Rule Protects Taxpayers and Businesses from Government Overreach.” NTU praised the rule as it would “help to ensure that the GSEs are neither crowding out private market competitors nor expanding obligations back-stopped by taxpayers.” NTU said the proposed rule is a “constructive step that protects taxpayers and private businesses from government overreach.”

• Urban Institute Releases October 2020 Chartbook. This week, the Urban Institute published its October chartbook on housing finance. Included in this comprehensive analysis of industry data are updates on the MI industry, beginning on page 32. The Chartbook highlights that “Mortgage insurance activity via the FHA, VA and private insurers increased from $197 billion in Q2 2019 to $327 billion in Q2 2020, a 57.4 percent increase.  In the second quarter of 2020, private mortgage insurance written increased by $51.3 billion, FHA increased by $17.2 billion and VA increased by $56.4 billion relative to Q2 2019.”

• USMI President on “Main St. Finance” Podcast. USMI’s members work to help low down payment borrowers have access to affordable mortgage credit. To share that message, USMI President Lindsey Johnson joined the “Main St. Finance” podcast to discuss the 20 percent down payment myth and the different low down payment options available to borrowers. Specifically, she explained how private MI bridges the down payment gap to help home-ready buyers get in their home sooner while also protecting lenders, the GSEs, and taxpayers from mortgage credit-related losses. Listen to podcast here.

• ICYMI: CFPB Extends GSE Patch. On October 22, the Consumer Financial Protection Bureau (CFPB) issued a final rule to extend the GSE Patch until the CFPB implements a new General Qualified Mortgage (QM) definition. USMI previously submitted a comment letter on the Bureau’s proposed updates to the General QM definition, as well as a comment letter which recommended the CFPB set the sunset date for the GSE Patch to be at least six months after the effective date of the General QM definition final rule.

As Congress returns from the August recess, regulators closed out the public comment periods for two proposed rules that will substantially impact the housing finance system and borrowers’ access to mortgage credit. Though there has been considerable focus on these important rulemakings over the past several months, policymakers, industry stakeholders, and USMI members remain hard at work supporting the housing finance system as we continue to adapt to and navigate the health and economic consequences of the COVID-19 pandemic. Below are the latest happenings from USMI and key topics we are tracking.

USMI Submits Comments to FHFA on Proposed Enterprise Regulatory Capital Framework (ERCF)
FHFA Director Calabria Testifies Before House Financial Services Committee
USMI Submits Comments to CFPB on General Qualified Mortgage (QM) Definition
Coalition Urges CFPB to Increase the QM Safe Harbor Threshold
ICYMI: USMI Column Published in The Dallas Morning News

USMI Submits Comments to FHFA on Proposed Enterprise Regulatory Capital Framework. On August 31, USMI submitted its comments to the Federal Housing Finance Agency (FHFA) on the re-proposed Enterprise Regulatory Capital Framework (ERCF). In its comments, USMI emphasized the importance of constructing a balanced, transparent, and analytically justified post-conservatorship capital framework for the government sponsored enterprises (GSEs), Fannie Mae and Freddie Mac. USMI President Lindsey Johnson said that “while sufficient levels of capital are important to the sustainable operation of Fannie Mae and Freddie Mac, excessive capital requirements could have a detrimental effect on mortgage availability.” She also added that these excessive capital requirements could, in turn, push mortgage lending outside of the conventional mortgage market.

USMI also called for more transparent and objective treatment of the GSEs’ counterparties, especially private mortgage insurers that already meet a set of rigorous capital and operational requirements known as the Private Mortgage Insurer Eligibility Requirements (PMIERs). In its comment letter, USMI provided the FHFA with detailed analysis to demonstrate that the capital credit for private MI should be increased to be consistent with historical analysis.  Similarly, USMI suggested that the proposed rule should encourage, and not discourage, private capital to absorb more risk in front of the GSEs and taxpayers.  

A number of other organizations shared similar assessments and recommendations.  The Urban Institute said that “the capital requirements on purchase loans should be lower, and more credit should be given to mortgage insurance.” National Taxpayers Union recommended that “[t]he proposed rule should promote, and not disincentivize private capital—including transferring first-loss credit risk through the use of loan level credit enhancement, such as private mortgage [insurance] and through transferring other layers of credit risk through responsible CRT.”

Finally, USMI noted that the revised capital standard is only one element of comprehensive GSE reform, calling on the FHFA to ensure the GSEs are appropriately regulated, maintain their position as market makers, and preserve the bright line separation between the primary and secondary mortgage markets.

USMI’s full comments on the 2020 proposed rule can be found here, an executive summary can be found here, and its comments on the 2018 proposal can be found here.

FHFA Director Calabria Testifies Before House Financial Services. On September 16, FHFA Director Mark Calabria testified before the House Financial Services Committee and provided an overview of the FHFA’s response to the COVID-19 pandemic and the ERCF. A number of members on the Committee focused their comments and questions on the ERCF with Representative Steve Stivers (R-OH) noting in his comments to Director Calabria that in the ERCF “one of the things that doesn’t get credit is MI coverage that’s above the minimum level.”  Congressman Stivers and several representatives from both sides of the aisle also shared concerns that the ERCF would negatively impact and inhibit the CRT market.  Director Calabria committed to following up with Congressman Stivers to provide additional details on capital credit for greater MI coverage as well as credit for CRT.  Additionally, Chairwoman Maxine Waters (D-CA) as well as Representatives Nydia Velazquez (D-NJ), Bill Foster (D-IL), and Alma Adams (D-NC) shared concerns that the capital requirements outlined in the ERCF are excessive and could increase mortgage rates, especially for minority borrowers. Finally, there were a number of questions and comments related to the GSEs’ exit from conservatorship and other reforms that should happen prior to their exit. Representative Ted Budd (R-NC) questioned Director Calabria about the GSEs pilot programs, IMAGIN and EPMI, and asked, “[s]hould a GSE in conservatorship or in any state be permitted to set capital [standards] for counterparties and then compete against them in the primary market?” Director Calabria shared that this is a regulatory issue that was delayed by COVID-19, but that it is an issue the FHFA is committed to resolving. 

USMI Submits Comments on General Qualified Mortgage Definition. On September 8, USMI submitted comments to the Consumer Financial Protection Bureau (CFPB) for its proposed rule on the General Qualified Mortgage (QM) Definition. USMI urged the Bureau “to strike a proper balance between prudent and transparent underwriting standards, and access to affordable and sustainable mortgage finance credit for home-ready borrowers.” It further noted that the current proposed rule could limit access to the conventional market for traditionally underserved borrowers. In its letter, USMI recommended that the QM Safe Harbor should be set at 200 basis points (bps) above the Average Prime Offer Rate (APOR) to ensure the QM definition does not inadvertently limit access to credit for home-ready borrowers, particularly Black and Hispanic borrowers who are twice as likely to have spreads above the proposed 150 bps Safe Harbor threshold.

USMI also agreed with the Bureau’s assessment that a hard 43 percent debt-to-income (DTI) ratio would be the most harmful option for the General QM definition because it would severely limit access to credit in the conventional market. This assessment was consistent with USMI’s 2019 comment letter in response to the CFPB’s Advance Notice of Proposed Rulemaking (ANPR) on the QM Definition. Also consistent with its 2019 comment letter, USMI suggests a better approach to a General QM definition would be a standard that includes a higher DTI threshold up to 50 percent with specified compensating factors. 

USMI also urged the CFPB to allow sufficient time for a smooth transition from the temporary QM category, the “GSE Patch,” to the new General QM definition. In August, USMI submitted comments to the CFPB on the GSE Patch, recommending the Bureau set the sunset date for the GSE Patch to be at least six months after the effective date of the General QM definition final rule. USMI wrote that “this time will be critical given the extensive and still undetermined scope of COVID-19 on the financial services industry as it focuses resources on responding to the economic and health fallout from the pandemic.”

Coalition Urges CFPB to Increase the QM Safe Harbor Threshold. USMI also co-signed a joint industry trade letter with 11 other housing policy and consumer advocate groups calling on the CFPB to increase the QM Safe Harbor threshold from 150 to 200 bps over the current APOR. USMI previously discussed the need for increasing the Safe Harbor threshold to mitigate borrower impact in a blog post. USMI wrote that based on its analysis of “mortgage originations, loan performance, market dynamics, and the need to ensure consumer access to affordable mortgage finance, we recommend that this threshold should be pegged to the same threshold as the QM status, which the NPR suggests should be 200 bps.” Doing so would result in a more level playing field and by changing that threshold, would mitigate the impact on borrowers.

ICYMI: USMI Column Published in The Dallas Morning News. On August 17, USMI published its latest column titled, “The Smarter Way to Buy a Home.” USMI breaks down the 20 percent down payment myth and explains how private mortgage insurance can help home-ready buyers get in their house sooner. USMI also highlights that private mortgage insurance is temporary, unlike other low-down payment options. USMI notes that once the borrower reaches 20 percent equity in their house, private mortgage insurance cancels—which is a significant advantage to borrowers considering a low down payment mortgage. Read the column in The Dallas Moring News.

While this summer has posed new and unexpected challenges, policymakers and U.S. Mortgage Insurers (USMI) and our members continue to work hard to make sure the U.S. housing system remains strong as we face unprecedented economic and health challenges resulting from COVID-19. Below are topics we have been following:

USMI Member Company COVID-19 Response
CFPB Kraninger’s Semi-Annual Hearings
USMI Submits Comment Letter to CFPB on GSE Patch Extension
SCOTUS to Hear Arguments on FHFA’s structure
Dana Wade Confirmed as FHA Commissioner 
USMI President in Mortgage Professional America 

• USMI Member Company COVID-19 Response. USMI updated its COVID-19 resource webpage with its members’ response fact sheet, highlighting many of the important actions that USMI members have taken to support homeowners, servicers, and lenders across the country during the pandemic. Because of the critical role USMI members play in the housing finance system, the mortgage insurance (MI) industry is committed to supporting the federal government’s robust mortgage relief initiatives, including the nationwide forbearance programs implemented by Fannie Mae and Freddie Mac (GSEs). The fact sheet outlines areas of common ground between USMI members and how they have focused their efforts on helping borrowers remain in their homes by supporting their lender customers during these challenging times. 

• CFPB Kraninger’s Semi-Annual Hearings. On July 29 and 30, Consumer Financial Protection Bureau (CFPB) Director Kathleen Kraninger testified before the Senate Banking Committee and House Financial Services Committee, respectively. Both hearings focused on the Bureau’s response to the COVID-19 pandemic and on its ongoing rulemakings and supervision activities. In her written testimony submitted to the Senate Banking Committee, Director Kraninger provided an update on the CFPB’s proposed changes to the GSE provision (GSE Patch) of the Bureau’s Ability-to-Repay (ATR)/Qualified Mortgage (QM) Rule, which is set to expire in January 2021. The CFPB is still considering removing the QM loan definition’s 43 percent debt-to-income (DTI) ratio and replacing it with a pricing threshold.
  
  During the Senate Banking hearing, Senator Tim Scott (R-SC) asked Director Kraninger why the QM standard and safe harbor thresholds would be different and stated, “I think we should do all that we can for credit worthy borrowers to become homeowners when it makes sense. By harmonizing the QM and the safe harbor, it might make it easier for financial institutions to not go to the default position of the safe harbor that’s 50 (basis) points lower.” In addition, during the House Financial Services Committee hearing, members from both parties expressed interest in the CFPB’s rulemaking on the General QM definition and its effect on prudent underwriting and consumers’ access to credit. Representatives Bill Foster (D-IL) and French Hill (R-AR) emphasized that any new QM standard should retain robust underwriting standards to ensure ATR and promote sustainable homeownership. Further, Representatives Hill and Steve Stivers (R-OH) noted that there should be a single pricing standard for QM and Safe Harbor since, unlike the 2013 ATR/QM Rule, pricing would be used to measure both under the proposed rule.

• USMI Submits Comment Letter to CFPB on GSE Patch Extension. On August 10, USMI submitted a comment letter to the CFPB in response to the Notice of Proposed Rulemaking (NPR) regarding the extension of the sunset date for the Temporary GSE QM definition, or the “GSE Patch,” under the Qualified Mortgage Definition under the Truth in Lending Act (Regulation Z), which is currently set to expire on January 10, 2021. USMI recommended to Director Kraninger that the CFPB should “set the sunset date for the GSE Patch to be at least six months after the effective date of the finalized General QM definition rule.” Doing so would allow all industry stakeholders sufficient time to fully understand and implement the new rule and afford industry participants an appropriate amount of time to develop, test, and implement new models to facilitate a smooth transition to the new general QM framework. Moreover, as the financial services industry grapples with implications of COVID-19 and works to support market participants, consumers, and the economy, USMI believes a six-month overlap period would promote an orderly implementation of the new General QM definition while offering continued assistance to homeowners across the county.
  
  In June 2020, the CFPB issued a NPR on the General QM definition under the Truth in Lending Act (Regulation Z) and the GSE Patch. The Bureau’s NPR proposes to change the current QM standard in favor of a pricing threshold; specifically, the difference between the loan’s Annual Percentage Rate (APR) and the Average Prime Offer Rate (APOR) for a comparable transaction at 200 basis points (bps) above APOR. The Bureau justifies this threshold using early delinquency data as an indicator of determining consumers’ ATR.
  
  In a September 2019 comment letter to the CFPB, USMI emphasized that, should the Bureau move forward to replace the QM definition with one based on a pricing threshold, it can and should increase the spread that is used to delineate Safe Harbor loans. The previous 2013 ATR/QM Rule created two legal presumptions for QM loans: “Safe Harbor” and “Rebuttal Presumption.” These presumptions have, in turn, created a norm by which lenders will not typically lend above the Safe Harbor line and avoid making Rebuttable Presumption loans as to avoid risk to legal responsibility. This standard has disproportionality impacted Black and Hispanic homebuyers, who were twice as likely as White borrowers to have low down payment conventional purchase loans outside of the Safe Harbor. Under the proposed rule, many of the borrowers who are above the 150 bps threshold will be left only with the option of a Federal Housing Administration (FHA) loan, which means they have vastly different competitive choices in terms of product offerings and loan terms. Further, due to the discrepancies for how this threshold is calculated between the conventional and FHA markets, leaving the Safe Harbor threshold at 150 bps will arbitrarily distort the market and shift borrowers to FHA. 
  
  
  Based on this, USMI and other industry members recommend that the Bureau increase the Safe Harbor threshold to 200 bps above APOR to be consistent with the proposed QM APOR threshold that the Bureau recommended in its June 2020 NPR.

• SCOTUS to Hear Arguments on FHFA’s structure.  On July 9, the Supreme Court announced that it would hear Collins v. Mnuchin upon its return in October. The suit questions the constitutionality of the FHFA’s single-director structure. Currently, the FHFA director is appointed to serve a five-year term and can only be removed “for-cause;” he or she cannot be fired at-will by the president. This follows the Court striking down the CFPB’s single-director structure in a 5-4 ruling in Seila Law v. CFPB in June, declaring it unconstitutional and severable from the other provisions of the Dodd-Frank Act. 
  
  In a statement, the FHFA said it did not believe the Court’s ruling applied to the FHFA. “The Seila Law decision does not directly affect the constitutionality of FHFA, including the for-cause removal provision.” It continued, “FHFA looks forward to the U.S. Supreme Court taking up the Collins case and clarifying these important issues.”

• Dana Wade Confirmed as FHA Commissioner. On July 28, the Senate confirmed Dana Wade in a 57-40 bipartisan vote as commissioner of the FHA. USMI issued a statement praising Wade’s confirmation. USMI President Lindsey Johnson said, “Commissioner Wade has shown commitment to keeping FHA’s core mission of providing affordable housing opportunities to moderate and low-income households, who need the agency’s 100 percent taxpayer-backed loans the most. We are confident that Commissioner Wade will continue to carry out this mission as she understands the important role the agency plays in our housing financial system.” Mortgage Professional America included USMI’s statement in its coverage of Wade’s confirmation.

• USMI President in Mortgage Professional America. Mortgage Professional America published USMI President Lindsey Johnson’s op-ed titled, “Low Down Payments Backed by Mortgage Insurance More Important Than Ever.” Using data from USMI’s 2020 “MI in Your State” report, Johnson explains why low down payment lending will be even more critical for future homeowners as the country endures and recovers from the current COVID-19 pandemic. The report found that it could take the average American homebuyer over 20 years to save for a 20 percent down payment. With private MI, the wait time could drop to just 7 years with a 5 percent down payment. Low down payments with private MI enable more well-qualified borrowers to become homeowners while keeping more cash on hand, a critical aspect during these trying times. Private MI also assumes the first layer of protection against mortgage credit risk protecting the federal government, and thus, American taxpayers. She concludes stating, “right now, more than ever, we are even more aware of the benefits of owning a home—from building wealth to creating stability to the importance of having a safe place to call your own.”

We wish everyone a happy, healthy July 4^th holiday and thank those who continue to serve the nation on the front lines of the COVID-19 health crisis. USMI and our members remain committed to supporting the U.S. housing finance system, ensuring homeowners continue to have access to prudent, affordable, low down payment mortgages to keep more cash on hand, especially during these critical and uncertain economic times. Additional information can be found on USMI’s COVID-19 Resource page. Below are updates related to COVID-19 as well as other recent significant policy and regulatory developments.

USMI Releases its Annual State-by-State Report
New Board Chairman at USMI
FHFA and the GSEs Provide Clarity on PMIERs Amid COVID-19
SCOTUS Rules on CFPB’s Single-Director Structure
CFPB Proposes Rules on QM Definition and Extension of the GSE Patch
FHFA Issues Re-Proposed Enterprise Capital Rule
ICYMI: New Video Explains How Private MI Work

• USMI Releases its Annual State-By-State Report. On June 22, USMI released its annual report on low down payment lending at the state level. The report highlights that the number of low down payment loans backed by private mortgage insurance (MI) increased 22.9 percent in 2019; meanwhile saving for a 20 percent down payment could take potential homebuyers 21 years to save — three times the length of time it could take to save a 5 percent down payment. USMI also found that the top five states for low down payment home financing with private MI were Texas, California, Florida, Illinois, and Ohio.
  
  Upon release of the report, USMI President Lindsey Johnson noted that “Given the current economic environment and the desire of many people to keep more cash on-hand, low down payment loans are more important than ever. Loans backed by private MI are a great option as a time-tested means for accessing homeownership sooner while still providing credit risk protection and stability to the U.S. housing system.” See coverage of the report by National Mortgage News, Forbes, and Bankrate.

• New USMI Board Chairman. On July 1, USMI announced that Derek Brummer, President of Mortgage at Radian Group, will serve as the Chairman of USMI’s Board of Directors. Brummer, who was appointed Radian’s President of Mortgage in February, previously served as USMI’s Vice Chairman of the Board and brings extensive experience in housing finance. In the announcement, Brummer stated that he looks “forward to ensuring the industry remains well-positioned to serve as an important source of strength for the housing finance system during all market cycles, so consumers continue to have access to affordable, low down payment, conventional mortgages.”

• FHFA and the GSEs Provide Clarity on PMIERs Amid COVID-19. On June 26,the Federal Housing Finance Agency (FHFA) and the government sponsored enterprises (GSEs), Fannie Mae and Freddie Mac, provided guidance on the Private Mortgage Insurer Eligibility Requirements (PMIERs), PMIERs 2020-01, effective June 30, 2020. PMIERs are a set of operational and risk-based capital requirements implemented in 2015 and updated in 2018 for private MI companies to be approved to insure loans acquired by Fannie Mae and Freddie Mac. Due to the unprecedented nature of the COVID-19 disaster, including its national scope and the ongoing duration of the health and economic effects, the PMIERs language needed additional clarity, which USMI is pleased FHFA, Fannie Mae and Freddie Mac understood and provided.
  
  USMI President Lindsey Johnson said in a statement, “USMI supports the actions taken by federal policymakers, particularly the FHFA, to stabilize the economy and provide assistance to those who have been impacted by the COVID-19 pandemic. USMI’s member companies are well-positioned to support the FHFA and GSEs’ efforts to ensure that homeowners who have been affected by COVID-19 are able to stay in their homes and maintain a safe and secure environment for their families.”

• SCOTUS Rules on CFPB’s Single-Director Structure. On June 29, the Supreme Court ruled in a 5-4 decision in Seila Law v. CFPB that the single-director structure of the Consumer Financial Protection Bureau (CFPB), where the leadership by a single director that is removable only “for cause” (inefficiency, neglect, or malfeasance), violates the Constitution. However, the Court did not invalidate the agency in its entirety. The majority held that the removal protection of the CFPB Director is severable from the other provisions of the Dodd-Frank Act that created the CFPB and defined its authorities and responsibilities. The CFPB did not challenge the decision and the White House released a statement saying the Supreme Court’s “decision represents an important victory for the fundamental principle that government officials should be accountable to the American people.” Given the FHFA has a similar structure, it is likely the legal conclusion may be applied to the FHFA. The Court’s decision opens the door for any future new administration to usher in new leadership of these two independent agencies.

• CFPB Proposes Rules on QM Definition and Temporary Extension of the GSE Patch. With the temporary QM category, also known as the “GSE Patch,” set to expire on January 10, 2021, the CFPB released Notices of Proposed Rulemakings (NPRMs) on a new QM definition and to temporarily extend the GSE Patch on June 22, 2020. Comments for the general QM definition are due 60 days after the rule is published in the Federal Register. In a statement after the release of the NPRMs, USMI President Lindsey Johnson stated, “USMI members, as takers of first-loss mortgage credit, emphasized the need to balance prudent underwriting with a clear standard that maintains access to mortgage finance for home-ready borrowers.”
  
  The CFPB previously released an Advanced NPRM on the QM definition over a year ago, after which USMI submitted a comment letter that among other things, recommended replacing the current GSE Patch by establishing a single transparent and consistent QM definition that balances access to mortgage finance credit and proper underwriting guardrails to ensure consumers’ ability to repay (ATR). USMI specifically recommended that the Bureau establish a list of transparent mitigating underwriting criteria (compensating factors) for loans with a debt-to-income ratios above 45 percent and up to 50 percent. USMI also recommended that, to provide a more level playing field between the Federal Housing Administration (FHA) and the conventional market, the QM Safe Harbor annual percentage rate (APR) cap of the Average Prime Offer Rate (APOR) + 150bps needs to be increased to not arbitrarily shift the market to FHA, or leave some home-ready borrowers without access to mortgage finance credit. Setting the cap at APOR + 200bps would limit this arbitrary shift in the market, preserve greater private capital participation in the pricing of risk, and promote better taxpayer protection.
  
  The Bureau’s June 2020 NPRM on the QM definition largely proposes an approach that would rely on a pricing spread between APR and APOR to determine QM status. While it is notable that the Bureau retained a QM Safe Harbor and QM Rebuttable Presumption, it is critical that the Safe Harbor threshold be increased from 150bps to 200bps above APOR, as it has been demonstrated that few loans are done outside of Safe Harbor. As USMI commented in its 2019 comment letter, it is essential that the Safe Harbor threshold be moved from 150bps to 200bps to ensure that creditworthy borrowers are not arbitrarily left only with the option of an FHA mortgage or left out of the market entirely, and to promote greater private capital participation in the pricing of risk and better taxpayer protection.

• FHFA Issues Re-Proposed Rule on Enterprise Capital. Another very significant rule recently released is the re-proposed Enterprise Regulatory Capital Framework (ERCF), which was published in the Federal Register this week, starting the 60-day clock for comments to be submitted. FHFA noted that one of the key reasons for the re-proposed rule is that establishing robust capital standards is a key step in the process to end the GSEs conservatorships, which was “a departure from the expectations of interested parties at the time of the 2018 proposal.” FHFA also noted that the re-proposed rule increases the quantity and quality of the regulatory capital at the GSEs to ensure their safety and soundness—with the overall capital required under the 2020 proposal being roughly $240 billion in loss absorbing capital—nearly $100 billion more than the 2018 proposal. FHFA officials believe that the re-proposed rule puts the GSEs on track to begin raising capital as soon as next year.
  
  USMI submitted a comment letter to the FHFA in 2018 when the ERCF was originally proposed. On May 21, USMI issued a statement in response to the re-proposed rule, sharing its support for “meaningful capital requirements” and recognizing the ERCF’s importance in determining the future role of the GSEs, how private capital, such as private MI, will be able to continue to support the conventional market to protect taxpayers, and importantly, determine consumers’ access to and cost of mortgage finance credit.

• ICYMI: New Video Explains How Private MI Works. As part of June’s National Homeownership month, USMI released a new video helping first-time homebuyers understand whether they are mortgage ready. The video explores low down payment financing options to future homeowners and explains the benefits of private mortgage insurance.