Waters, Clay and Vargas Urge HUD and FHFA to Amend Policies That are Reducing Access to Mortgage Credit for People of Color
Today, Congresswoman
"These policies unfairly penalize lenders for loans that were fully underwritten according to FHA or Enterprise requirements, they have contributed to significant credit overlays that may be disproportionately impacting access to credit for minority and other underserved borrowers, and they may also be preventing borrowers from accessing forbearance and other protections available for federally backed loans. We urge you to amend these policies to prevent these harmful impacts in the midst of the already difficult conditions that this pandemic is causing," the lawmakers wrote. "We understand the need for HUD and FHFA to appropriately manage risks, and we believe that you can do so without resorting to the policies you have in place today."
See below for the full letter (https://democrats-financialservices.house.gov/UploadedFiles/Ltr_to_HUD_and_FHFA_re_EF_6-25-20.pdf) text.
The Honorable
Secretary
The Honorable
Director
Dear Secretary Carson and Director Calabria:
In response to the current pandemic, the
Prior to this pandemic, both HUD and FHFA had policies in place that prohibited FHA endorsement or Enterprise purchase of loans in forbearance. Under normal economic conditions, these policies only affect a small number of loans that go into forbearance in the period of time between the origination of the loan and the point at which FHA endorses or an Enterprise purchases the loan (typically a few days or weeks). But under the current economic and health crisis, early forbearance is a much greater risk despite responsible underwriting on the part of the lender. HUD and FHFA have both amended those policies to allow for FHA insurance and Enterprise purchase of loans in forbearance but only with significant fees assessed and increased costs on lenders for those loans. This means that if a borrower receives a mortgage and requests forbearance before their mortgage is sold to an Enterprise or insured by FHA, the lender will either have to retain a mortgage that they had no intention, and may not have the capacity to retain, or pay a steep penalty to Fannie or Freddie, or in the case of FHA, agree to retain additional risk. To guard against this risk, many lenders have begun limiting the loans they make to exclude creditworthy individuals with higher credit risks, thus limiting access to credit at a time when borrowers and the economy need it most. For example, some lenders are requiring higher downpayments and minimum credit scores that exceed the minimum scores required by FHA (500-580) or the Enterprises (620).[3] These credit overlays are also disproportionately affecting borrowers of color and other underserved borrowers at a time when all-time low mortgage rates would otherwise open up affordable homeownership and refinance opportunities.[4] Moreover, if a lender chooses to retain a loan to avoid the penalty associated with the loan due to a request for forbearance, the loan never becomes a federally-backed loan, and is therefore not eligible for the forbearance and other protections that are only associated with federally-backed loans under the CARES Act and federal regulations, leaving the borrower more vulnerable to foreclosure.
As of
We understand the need for HUD and FHFA to appropriately manage risks, and we believe that you can do so without resorting to the policies you have in place today. Specifically, HUD and FHFA should spread the costs associated with those risks across the broader single-family portfolio, which will result in near-negligible costs on any individual loan. This would appropriately balance the need to manage risks to the taxpayer while serving your agencies' missions of promoting access to credit. Given what is at stake, we urge you to amend your policies as quickly as possible to avoid the harmful impacts of your current policies on borrowers, lenders, and housing inequality. If you have any questions about this letter, please contact
Sincerely,
The
Development and Insurance
The Honorable
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