[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] EXAMINING THE PROPER ROLE OF THE FEDERAL HOUSING ADMINISTRATION IN OUR MORTGAGE INSURANCE MARKET ======================================================================= HEARING BEFORE THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ FEBRUARY 6, 2013 __________ Printed for the use of the Committee on Financial Services Serial No. 113-1 U.S. GOVERNMENT PRINTING OFFICE 80-867 WASHINGTON : 2013 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, [email protected]. HOUSE COMMITTEE ON FINANCIAL SERVICES JEB HENSARLING, Texas, Chairman GARY G. MILLER, California, Vice MAXINE WATERS, California, Ranking Chairman Member SPENCER BACHUS, Alabama, Chairman CAROLYN B. MALONEY, New York Emeritus NYDIA M. VELAZQUEZ, New York PETER T. KING, New York MELVIN L. WATT, North Carolina EDWARD R. ROYCE, California BRAD SHERMAN, California FRANK D. LUCAS, Oklahoma GREGORY W. MEEKS, New York SHELLEY MOORE CAPITO, West Virginia MICHAEL E. CAPUANO, Massachusetts SCOTT GARRETT, New Jersey RUBEN HINOJOSA, Texas RANDY NEUGEBAUER, Texas WM. LACY CLAY, Missouri PATRICK T. McHENRY, North Carolina CAROLYN McCARTHY, New York JOHN CAMPBELL, California STEPHEN F. LYNCH, Massachusetts MICHELE BACHMANN, Minnesota DAVID SCOTT, Georgia KEVIN McCARTHY, California AL GREEN, Texas STEVAN PEARCE, New Mexico EMANUEL CLEAVER, Missouri BILL POSEY, Florida GWEN MOORE, Wisconsin MICHAEL G. FITZPATRICK, KEITH ELLISON, Minnesota Pennsylvania ED PERLMUTTER, Colorado LYNN A. WESTMORELAND, Georgia JAMES A. HIMES, Connecticut BLAINE LUETKEMEYER, Missouri GARY C. PETERS, Michigan BILL HUIZENGA, Michigan JOHN C. CARNEY, Jr., Delaware SEAN P. DUFFY, Wisconsin TERRI A. SEWELL, Alabama JAMES B. RENACCI, Ohio BILL FOSTER, Illinois ROBERT HURT, Virginia DANIEL T. KILDEE, Michigan MICHAEL G. GRIMM, New York PATRICK MURPHY, Florida STEVE STIVERS, Ohio JOHN K. DELANEY, Maryland STEPHEN LEE FINCHER, Tennessee KYRSTEN SINEMA, Arizona MARLIN A. STUTZMAN, Indiana JOYCE BEATTY, Ohio MICK MULVANEY, South Carolina DENNY HECK, Washington RANDY HULTGREN, Illinois DENNIS A. ROSS, Florida ROBERT PITTENGER, North Carolina ANN WAGNER, Missouri ANDY BARR, Kentucky TOM COTTON, Arkansas Shannon McGahn, Staff Director James H. Clinger, Chief Counsel C O N T E N T S ---------- Page Hearing held on: February 6, 2013............................................. 1 Appendix: February 6, 2013............................................. 43 WITNESSES Wednesday, February 6, 2013 Gordon, Julia, Director, Housing Finance and Policy, Center for American Progress Action Fund.................................. 11 Petrou, Basil N., Managing Partner, Federal Financial Analytics, Inc............................................................ 10 Pinto, Edward J., Resident Fellow, American Enterprise Institute. 8 Sanders, Anthony B., Distinguished Professor of Real Estate and Finance, School of Management, and Senior Scholar at The Mercatus Center, George Mason University....................... 13 APPENDIX Prepared statements: Moore, Hon. Gwen............................................. 44 Neugebauer, Hon. Randy....................................... 45 Wagner, Hon. Ann............................................. 47 Gordon, Julia................................................ 48 Petrou, Basil N.............................................. 64 Pinto, Edward J.............................................. 82 Sanders, Anthony B........................................... 154 Additional Material Submitted for the Record Capuano, Hon. Michael: HUD Summary of FHA Policy Changes under the Current Administration, updated February 2013...................... 168 Maloney, Hon. Carolyn: Letter to HUD Secretary Shaun Donovan, dated November 9, 2012 172 Waters, Hon. Maxine: Written statement of the Local Initiatives Support Corporation (LISC)......................................... 173 Written statement of the National Association of Home Builders (NAHB)............................................ 176 Written statement of the National Council of La Raza (NCLR).. 180 Written statement of Potomac Partners LLC.................... 183 National Association of REALTORS fact sheet entitled, ``Myths and Facts about FHA,'' dated November 2012......... 201 EXAMINING THE PROPER ROLE OF THE FEDERAL HOUSING ADMINISTRATION IN OUR MORTGAGE INSURANCE MARKET ---------- Wednesday, February 6, 2013 U.S. House of Representatives, Committee on Financial Services, Washington, D.C. The committee met, pursuant to notice, at 9:02 a.m., in room 2128, Rayburn House Office Building, Hon. Jeb Hensarling [chairman of the committee] presiding. Members present: Representatives Hensarling, Miller, Bachus, Royce, Capito, Garrett, Neugebauer, McHenry, Campbell, Pearce, Posey, Westmoreland, Luetkemeyer, Huizenga, Duffy, Renacci, Hurt, Stivers, Fincher, Stutzman, Mulvaney, Hultgren, Ross, Pittenger, Wagner, Barr, Cotton; Waters, Maloney, Velazquez, Watt, Sherman, Meeks, Capuano, Clay, Green, Cleaver, Himes, Carney, Sewell, Foster, Kildee, Murphy, Delaney, Sinema, Beatty, and Heck. Chairman Hensarling. The committee will come to order. Without objection, the Chair is authorized to declare a recess of the committee at any time. Opening statements will be limited to 10 minutes per side. At this time, I will yield myself 3 minutes for an opening statement. Last week, many of us awoke to the news that we had negative economic growth in the last quarter. Although one quarter does not make a trend, it was not welcome news, and it was not expected news. Unfortunately, what has become expected news is subpar 1\1/2\ to 2 percent economic growth, when historic trends are above 3 percent, and clearly, the economy is capable of 4 percent or greater. Two percent economic growth means that millions of Americans lay awake at night pondering insecure financial futures for themselves and their families. Hardworking Americans demand a healthy economy, and we cannot have a healthy economy until we have a housing finance system that is both sustainable and competitive. In its current form, the Federal Housing Administration (FHA) is clearly an impediment to such a system. Because of this, the Financial Services Committee today is holding its first in a series of hearings to examine the FHA, now the largest mortgage insurance company in the United States. Historically, FHA has represented roughly 10 percent of the mortgage insurance market and has fulfilled its role of being the provider of mortgage credit for certain discrete populations, particularly first-time home buyers and low- and moderate-income Americans who qualify under stringent tests. Today, however, FHA has strayed far from its original mission and legislative purpose. It doesn't just focus on low- and moderate-income Americans; it provides mortgage insurance for expensive homes valued as high as $729,000. By offering riskier terms than private competitors, the FHA today controls 56 percent, more than half of the total mortgage insurance market in terms of numbers of loans. Talk about too-big-to- fail. So instead of complementing a robust private mortgage market, the FHA's high-cost loan limits and extremely low downpayment requirements put it in direct competition with the private sector. In addition, we know that as bad as that is, its single- family insurance fund is flat broke. The independent actuarial study released last November shows that the FHA single-family mutual insurance fund has a negative--I repeat negative-- economic value of $16.3 billion. If the FHA were a private financial institution, it is likely that somebody would be fired, somebody would be fined, or the institution would find itself in receivership. Instead, it is merrily on its way to becoming the recipient of the next great taxpayer bailout. Finally, given their high-loan-to-value, low-credit-score policies and high rates of default, it is an open question whether FHA has now morphed into Countrywide. Arguably, the FHA has now become the Nation's largest subprime lender, all with the blessings of the Administration. FHA's loan downpayment lures families into having an unrealistic view of homeownership obligations. Their high loan limits encourage people to buy more home than they can possibly afford to keep. Putting borrowers in homes where one in eight loans end in default, the FHA can make entire communities worse off, trapping more and more families as property values fall. You do not help families achieve the American dream by putting them into homes they cannot afford. This is how you turn the American dream into a nightmare. I will now yield 3 minutes to the gentleman from Texas, Mr. Neugebauer, the chairman of the Subcommittee on Housing and Insurance. Mr. Neugebauer. Thank you, Mr. Chairman, for holding this important hearing. And I want to thank our witnesses for your testimony and for your being here today. I think this is an important hearing. What we do know is that there is kind of a trend here, that government doesn't do a good job at pricing risk. We see that manifest itself currently at FHA, and that did not evidently set the right risk premium because, as the chairman alluded to, there is $16 billion underwater, and the trend is not good. I think we have seen another example of that, for example, in the Flood Insurance Program, which is $20 billion in the hole. What we are learning, I think, is that the government has a hard time being in the insurance business. And in many cases, by the government being in the insurance business, we are crowding out the private sector. That is not a good trend. I think it detracts from the core mission of what government should be doing. We have had a number of projections that this fund was going to be get healthier each year over the last 3 years' testimony. But, in fact, the fund hasn't gotten healthier; it has gotten unhealthier--$16 billion underwater, almost a negative 1.44 percent. I think the other troubling thing, though, is the mission creep that has happened at FHA over the years. Basically when-- I am a homebuilder and I have been in the real estate business for over 30 years. I know I don't look that old. But, I think the thing when FHA was originally started, it was to help kick- start a certain group of people, help them get into homeownership. But now we see we have an agency that controls over 50 percent of the mortgage insurance in this country and almost 30 percent of the origination market, with loan limits now of over $700,000. This is not your mother's or your father's FHA. And, in fact, about 90 percent of the portfolio, I believe, that is in FHA now would not qualify under the original standards that were set up. And so I think it is important that we have a hearing and begin to set FHA on the track of its original mission, but also, more importantly, to create some space for the private sector to come back into the market. So when we have all of these discussions, what is the bottom line here, what is the important thing here? The important thing here is that homeownership is an important part of the American dream, but we don't, as the chairman said, want to turn it into the American nightmare by having policy at the Federal level that infringes not only on the rights of the people trying to get into the housing market, but also damaging the people who are already homeowners in this country. And I think we have seen over the last few years where that has actually been the case, and basically then infringes on everyone's rights by the fact that we are not making the right policies. So I look forward to the testimony of the witnesses. And, with that, I yield back. Thank you, Mr. Chairman. Chairman Hensarling. The gentleman from Massachusetts is recognized for 3 minutes. Mr. Capuano. Thank you, Mr. Chairman. Mr. Chairman, I am glad that we are having this hearing. I am glad we are going to be looking at the FHA and hopefully the entire problem of being able to buy and maintain housing in this country. But I think that we need to be a little careful with some of the rhetoric. I don't think there are many independent people who think we are looking at the next great bailout. Yes, the FHA is a little bit of an issue at the moment because of its countercyclical mission. By the way, it was part of their original mission to come in during difficult times. They did that, and they are in trouble because of it. We all understand that. Everybody here wants to make sure to the best of our ability as quickly as possible the housing industry can get back to normal. No one likes or enjoys this crisis or any aspect of it, not just in housing, but housing is the issue today. So as we go forward, for me, I am certainly looking for ways to improve the FHA and other lending agencies. I am certainly looking for ways to protect the American taxpayer. We are all looking for that. But I also want to make sure in doing that, we don't throw the baby out with the bath water. Because let's not forget that for 80 years, the FHA helped with a critical aspect of building the middle class, of building equity. I say this as a person who comes from a district that really doesn't benefit much from the FHA. And I say that because my district is a high-cost district. The FHA cannot make many loans in my district. In 2011, they made 5,000 loans in my district. In the Fifth District in Texas, they made 25,000 loans. And that is just typical. I understand that, but I don't live on an island. My district will do fine with or without the FHA, to be perfectly honest. But I don't live on an island, and I want all Americans to enjoy the middle class. I want all Americans to have an opportunity to move into that middle class by building equity, the same way I did. I bought my house 30 years ago. It was not allowed to qualify for the FHA. And I had a higher debt-to-income ratio than most people because that house was expensive and my income didn't match it. But we did it, as many Americans do. So, yes, we have problems, and, yes, we need to address them, and, yes, we need to ask a lot of serious, difficult questions and debate what the right answer is. We also have to understand the FHA has taken a lot of actions, some of which I am not even sure I support. But it is not like everybody has been sitting on their hands or anybody wants to drive this country into bankruptcy. The housing crisis happened. The default rates for private mortgages are actually higher than those for the FHA--a lot higher in some instances, particularly in subprime. So I welcome the discussion. I look forward to the debate. More importantly, I look forward to a hopefully thoughtful discussion on what things we should do to make sure that the FHA or some other agency similar to it is around for the next generation and the next generation after that so that the middle class or people trying to get into the middle class will still have the hope that we have had. Thank you, Mr. Chairman. I yield back. Chairman Hensarling. The gentleman from California, Mr. Miller, is recognized for 1 minute. Mr. Miller. Thank you, Mr. Chairman. So that the FHA can play a countercyclical role in the future, as we have discussed, we must ensure the FHA program better manages the risk it is taking on. To preserve the countercyclical role, FHA must lessen taxpayer exposure. This can be accomplished in 3 ways. One, we must take a close look at the business model and management of the FHA. We need to look inside the FHA to ensure its policies, management, and technology can handle times of increased pressure. Two, we need to ensure appropriate credit quality for those receiving FHA loans. While the current book of business shows the FHA has made progress, we need to consider whether these actions have been enough. Are current FHA underwriting requirements basically adequate to keep default rates low in the future? We should also look at the structure of the FHA mortgage insurance product itself. Is there a way for FHA to preserve its function in a way that requires less taxpayer exposure? And, finally, we must demand the FHA remain adequately capitalized. We need to be careful not to disrupt the fragile housing recovery by abruptly pulling back liquidity. Liquidity right now is, above all, important to keep the housing market going and recovering. And so we need to be very cautious about what we do, but we do need to require accountability. I yield back. Chairman Hensarling. The Chair now recognizes the gentlelady from New York for 2 minutes. Mrs. Maloney. I want to thank you for calling this hearing, and I welcome all the witnesses. Our housing market and recovery is critically important to this committee and will probably be one of the main issues that we look at over the next 1 or 2 years. Economists have estimated that housing's impact on our economy is 25 percent of our economy. So whether or not it is healthy and growing and balanced is critical to our economic recovery. And it is important that we, here in this hearing, study exactly what went wrong in the housing crisis and see what we can do to promote prudent lending and a vibrant secondary market. The FHA role in housing is countercyclical. At one point, it was as low as 5 percent. But in times of crisis, its portfolio expands, and then it contracts in good times. We were fortunate to have them there during the financial crisis, as they did come in and help finance housing. FHA insured nearly 1.2 million single-family mortgage loans in 2012 alone, with a total value of $213 billion. And it has continued to play a role for first-time home buyers and for home buyers in minority communities and lower income brackets. So it is, of course, a logical question to ask in the wake of one of the worst financial crises in our lifetime how the Mutual Mortgage Insurance Fund is functioning and whether the stress that was placed on the fund will require a credit or a support. I wrote to HUD in November of last year and asked this exact question. I ask permission to put my letter in the record. Chairman Hensarling. Without objection, it is so ordered. Mrs. Maloney. I have not yet received a response, so I hope I will hear some answers today from the witnesses. Thank you. My time has expired. Chairman Hensarling. The Chair now recognizes the gentleman from New Jersey for 1\1/2\ minutes. Mr. Garrett. And I thank you, Mr. Chairman. So here we are again, another year, another multi-billion- dollar taxpayer bailout for the housing market. And so I guess the question is, when are we going to learn? The continued oversubsidization of the housing market doesn't help the consumer, it doesn't help the borrowers, it doesn't help the neighborhoods, and it doesn't help the economy. You see, this housing bust that triggered the financial crisis was mainly caused by a combination of the Federal Government subsidies into the housing market and also by loose money by the Federal Reserve. And so you had a dangerous mix here that basically destroyed the economy and left millions upon millions of homeowners underwater. So instead of learning from these past mistakes, this Administration has done what? They have doubled down on their failed policy of throwing billions of taxpayer dollars at the problem and giving almost any individual who wants to buy a home one that is government-financed, with nothing down primarily, and all in the name of what? Just like we have heard over here: the name of countercyclicality. So instead of ensuring the housing market is put on a more sustainable basis in moving forward, what has the FHA done? They have helped literally thousands of borrowers get into homes that they can't afford, and they wind up now finding that they are underwater and undervalued. While continuing to spend literally billions of taxpayer dollars to reinflate the housing bubble--and this might temporarily help some of the market participants, those who financially benefit from this in the production and the sales of homes--again, it does nothing to help the consumers, the neighborhoods, the taxpayers, or the economy. So I look forward to this panel, to drilling down to see how we got here, and how it continues now going forward, and how we get out of this problem in the future. With that, I yield back. Chairman Hensarling. The Chair now recognizes the ranking member, the gentlelady from California, for 5 minutes. Ms. Waters. Thank you, Mr. Chairman, for holding this hearing today on the role of the Federal Housing Administration and our mortgage insurance market. FHA has long been a focus for me. In the last two Congresses, I worked first with Congresswoman Capito when I was chairwoman of the Housing and Community Opportunity Subcommittee, and then with Congresswoman Biggert to pass FHA solvency legislation through the House of Representatives. I was disappointed that the Senate did not take up our legislation, but I remain hopeful that this can be an area for constructive collaboration over this next congressional term. I think all of the Members here today are deeply concerned about the health of the FHA's Mutual Mortgage Insurance Fund, particularly the finding in FHA's actuarial analysis that the capital reserve ratio of the fund fell below zero in Fiscal Year 2012. So I welcome the opportunity to explore these issues fully in the series of hearings you recently announced. But along with that concern, I think it is important to acknowledge FHA's crucial role in our housing finance system. Particularly in the last few years, in the aftermath of a housing crisis precipitated by privately funded, poorly underwritten subprime mortgages, FHA stepped up, providing crucial liquidity and access to the mortgage market. All told, over the course of its 78-year history, FHA has helped more than 34 million Americans achieve the dream of homeownership, with a particular focus on first-time home buyers. In fact, Mark Zandi of Moody's Analytics estimates that if it were not for FHA, home prices could have fallen an additional 25 percent during the most recent economic crisis. So while we all agree that the government footprint in our mortgage market must shrink, we have to balance that concern with an understanding that the presence of FHA has mitigated the length and severity of the housing downturn. I would also like to explore more fully the recent actions taken by the FHA to address prior problems by tightening up the origination policies and stepping up their lender enforcement efforts. In addition to the ending of seller-funded downpayment assistance, the FHA has initiated five increases to their mortgage insurance premiums, tightened FICO score lending requirements, and reduced allowable seller concessions. Just last week, FHA announced four additional changes in policy, including raising debt-to-income requirements for borrowers with low credit scores, raising annual mortgage insurance premiums for new borrowers, initiating a moratorium on full cash-out reverse mortgages, and instituting greater oversight of borrowers who are trying to obtain FHA loans after foreclosure. And it appears that the changes instituted by FHA since 2009 have helped lead to positive books of business for 3 consecutive years, including the 2 strongest books in FHA's history, in 2011 and 2012. Again, I think that Members and other stakeholders will readily see and understand the significant risk management and policy changes that FHA has and continues to undertake in response to the most recent actuarial review. I look forward to us continuing that educational process through our hearing today as well as future hearings. And I yield back the balance of my time. Chairman Hensarling. The gentlelady from West Virginia is recognized for 1\1/2\ minutes for the last word. Mrs. Capito. Thank you, Mr. Chairman. I would like to thank you for convening this morning's hearing. In light of the latest independent actuarial review of FHA's Mutual Mortgage Insurance Fund, I believe it is a very legitimate concern that FHA will not have sufficient funds to pay the projected claims. As we have heard, the countercyclical role that the FHA traditionally plays in the mortgage market is an important one. And as our ranking member, Ms. Waters, just mentioned, we have worked diligently to try to put reforms in legislation in prior Congresses to ensure that the agency remains a source of funding for creditworthy borrowers. It is unfortunate that these efforts have not been able to make it beyond the House at a time when they are most needed. While FHA helped fill a gap in liquidity from 2007 to 2009 as credit markets contracted and lending standards tightened, the resulting increase in market share continues to impede private insurance mortgage market resurgence. Downpayments, conforming loan limits, and premium structures that treat risk differently are all examples of FHA's being able to maintain an advantage in the market and make it much more difficult to restore a healthy and vibrant private market. I believe a mortgage insurance market dominated by FHA hinders the ability of our economy to function most effectively. The immediate long-term challenges that face the FHA will affect its ability to serve in its traditional manner. Moving in a direction which encourages private capital is the direction I would like to see us go. And I thank the chairman for this hearing. Thank you. Chairman Hensarling. At this time, I want to welcome all of our panelists. Thank you very much for agreeing to testify today. I do want to tell our panelists and all Members that, regrettably, votes are expected on the Floor sooner than originally anticipated, so the Chair will wield a very tight 5- minute gavel. And although we normally provide very lengthy introductions, instead you will get abbreviated introductions at the moment. Ed Pinto is a resident fellow at the American Enterprise Institute, having previously served as an executive vice president and chief credit officer at Fannie Mae. Basil Petrou is the managing partner of Federal Financial Analytics. He has been a consultant on mortgage and housing- related regulatory issues for 20 years. He previously worked at the Treasury Department. Julia Gordon is the director of housing finance and policy at the Center for American Progress. She previously managed the single-family policy team at FHFA. Finally, Dr. Anthony Sanders is the finance area chair and a distinguished professor of real estate and finance at the George Mason University School of Management, and is also a senior scholar at George Mason's Mercatus Center. Again, each one of you will be recognized for 5 minutes to give an oral summary of your testimony. Without objection, each of your written statements will be made a part of the record. Mr. Pinto, you are now recognized for 5 minutes. And please bring the microphone as close to you as possible. STATEMENT OF EDWARD J. PINTO, RESIDENT FELLOW, AMERICAN ENTERPRISE INSTITUTE Mr. Pinto. Thank you, Chairman Hensarling and Ranking Member Waters, for the opportunity to testify today. FHA poses a triple threat. It has an extraordinary failure rate that, as I will show, has continued for decades. It has insolvency on a regulatory and GAAP accounting basis that poses a threat to taxpayers. And it has unfair competition with private capital that is blocking housing finance reform. This is not the first time this has occurred. This is an excerpt from testimony by the late Gale Cincotta back in 1998 before a subcommittee of this committee, and it reads as if it were written today. It talks about the same issues that we are talking about today. Likewise, on October 8, 2009--and I see many of the Members here who were present in 2009--when I indicated in testimony that FHA was facing a $54 billion capital shortfall, that has come to pass. FHA is a continuing threat to working-class neighborhoods and families because of the extraordinary failure rate that it experiences year after year. It has an 11 percent average claim rate over the last 37 years. That is the weighted average over 37 years. Its abusive lending practice have led to over 3 million failed American dreams since 1975. People tend to forget how many millions of families have had their dreams dashed by FHA's abusive lending practices. And this foreclosure pain is concentrated year after year after year on working- class families and communities. This is a chart that shows year-by-year FHA data. It shows the number of claims per year, it shows the average claim rate, and that the cumulative amount of claims is over 3 million. This shows up very clearly in--just a second. This shows up very clearly in--getting out of order here. I am sorry, getting a little out of order. This shows up clearly in the masking of this pain. When you deal with lower FICO scores, you are looking at 20 and 30 percent default rates. When you are looking at higher FICO scores and other lower-risk characteristics, you get averages that are below 5 percent. The problem is that averages don't cut it. The averages end up masking the pain. Where that pain shows up is very specifically in neighborhoods that end up being the same neighborhoods year after year. Chicago is an example of that. This chart shows a study that I completed last year on 2.4 million FHA loans. The Chicago loans are shown here from 2009 and 2010. The highest foreclosure rates are in the orange; the lowest foreclosure rates are in the dark blue. Loan counts show the size. And you see the concentration in the south side of Chicago, part of the west side of Chicago, but there are concentrations throughout Chicago. But these are the same areas that have been talked about for decades. This chart shows what happens in terms of income in the zip codes and house prices in the zip codes. The lower quadrant on the lower left we call the ``quadrant of doom'' because that is where the foreclosures are concentrated. They are people with below-average incomes and below-average house prices. The ``enablers of doom'' are the usual individuals, but they include investors in Ginnie Mae, they include Ginnie Mae itself, they include regulators, they include real estate agents and homebuilders and many others that are indifferent to the levels of foreclosure, these 3 million foreclosures that FHA has had over the decades. The insolvency of FHA puts taxpayers at risk because even under very generous accounting rules, FHA now has a negative economic value of $14 billion. But that really understates what is going on because under today's low-interest-rate environment, that negative economic value is in the mid-$30 billion range. And when you add their required capital requirement, you are at the $54 billion number I predicted 3\1/ 2\ years ago. By unfairly competing with the private sector, it really delays housing finance reform. The FHFA Director said in December that FHA is really the path to deciding on housing finance reform; you have to start with FHA. Turning hope into homes can be done by following four steps, and I list them there. You should start with some of the provisions from the House-passed bill. You should apply best practices that the VA has shown over the years. Needy families need FHA's full attention. FHA should be targeted on where it can help the most. And, lastly, they should establish a tolerance for failure; just stop making really bad loans. And, finally, I offer to work to with any Member here on accomplishing this tolerance for failure. Thank you. [The prepared statement of Mr. Pinto can be found on page 82 of the appendix.] Chairman Hensarling. Thank you, Mr. Pinto. The Chair will now recognize Mr. Petrou for 5 minutes. STATEMENT OF BASIL N. PETROU, MANAGING PARTNER, FEDERAL FINANCIAL ANALYTICS, INC. Mr. Petrou. Thank you, Chairman Hensarling and Ranking Member Waters. It is an honor to appear before this committee today to discuss the proper role of the FHA single-family mortgage insurance program in the U.S. mortgage finance system. FHA plays a vital role. It has an urgent and continuing mission to ensure that the Federal Government supports sustainable homeownership for moderate-income borrowers without access to private capital. However, I believe that taxpayers should take as little risk as possible, standing back now that the crisis is ebbing to permit private capital to reenter the market under a new robust regulatory framework. With specific regard to FHA, I recommend that Congress should reduce the 100 percent full faith and credit guarantee provided by the FHA to parallel the limited coverage of 25 to 50 percent successfully used by the Veterans Administration. There are three simple points that demonstrate that 100 percent FHA insurance coverage is self-defeating for FHA and the U.S. taxpayer. First, FHA is exposed to severe losses on every loan that goes to claim during a house price decline, such as that experienced since 2006. Second, FHA exposes itself to fraud and poor underwriting. That is far less likely to occur if the loan originator had skin in the game on every FHA- insured loan it originates. And third, reducing the level of insurance coverage on future FHA loans while holding the FHA premium at its current level would recapitalize the FHA MMI Fund with positive budget scoring. It is simply impossible for there to be real incentive alignment between mortgage originators and the taxpayer if originators take all the profit and the U.S. taxpayer takes all the risk. Further, the FHA should be targeted to borrowers based on income, not home price. When the U.S. Government supports mortgage finance for higher-income borrowers, it unnecessarily supplants private capital otherwise ready to take on this risk. Also, since FHA mortgage underwriting is delegated to the lender, the FHA exposes itself to the risk that poor underwriting will only be found after a loss occurs. It is important that the taxpayer be protected at the front end of the loan origination from poor FHA-delegated underwriting. FHA should thus be authorized to engage in risk shares with private providers of credit risk mitigation. Importantly, the model used by FHA for accessing the actuarial value of its single-family fund is not working. Since 2007, the current model has consistently overestimated its economic value. A strict new capital requirement should be set for the FHA's single-family fund, incorporated through a new actuarial model that accurately predicts losses. Additionally, the budget treatment of FHA should be changed to reflect the fair-value analysis recommended by the Congressional Budget Office as it currently applies to the GSEs. FHA is a critical market driver and source of taxpayer risk, but it is not the only force redefining U.S. housing finance. If reform to FHA or the GSEs is not well-balanced and pending rules are not carefully structured, we could well see creation of a set of new perverse Federal policies that force still greater mortgage market reliance on the taxpayer and, thus, still more risk, exacerbating our already dangerous fiscal situation. Thus, I recommend that Congress should work to ensure that an array of pending prudential rules for banks--for example, those implementing the Basel III capital rules--do not so favor U.S. Government-backed mortgages as to block the reentry of private capital. A critical pending rule would implement the risk-retention provision of the Dodd-Frank Act, creating a new Qualified Residential Mortgage (QRM) criterion that would exempt loans from risk retention. Although downpayment and loan-to-value ratio are key prudential factors, the QRM should not, as proposed, set a simple downpayment requirement without regard to the use of regulated, capitalized providers of credit risk mitigation like private insurers. Doing so would make it extremely difficult to securitize high-LTV loans for first-time home buyers and other borrowers who can prudently manage low- downpayment mortgages with careful underwriting backed by private capital at risk. If the QRM advances as proposed, these loans will flood into the GSEs and FHA, and once the conservatorships are closed, then only into the FHA. In conclusion, private capital will only be attracted to the mortgage space when and if it becomes clear that the market has been reopened through the retreat of the government. One side of reform will only drive still more risk to taxpayers through FHA, an especially dangerous prospect given the many systems and risk management problems that have brought FHA to the perilous condition revealed in its most recent actuarial report. Again, thank you for inviting me to participate in this vital discussion. I look forward to answering your questions. [The prepared statement of Mr. Petrou can be found on page 64 of the appendix.] Chairman Hensarling. At this time, the Chair will recognize Ms. Gordon for 5 minutes. STATEMENT OF JULIA GORDON, DIRECTOR, HOUSING FINANCE AND POLICY, CENTER FOR AMERICAN PROGRESS ACTION FUND Ms. Gordon. Good morning, Chairman Hensarling, Ranking Member Waters, and members of the committee. I am honored and delighted to be here to testify today about the importance of the Federal Housing Administration in our mortgage market. Since its creation in 1934, FHA has contributed to broadly shared prosperity in this country by helping tens of millions of families access homeownership. FHA doesn't directly lend money to home buyers, but instead insures the loans made by private lenders. In exchange for this protection, the agency charges both upfront fees and annual premiums. FHA's model enables it to serve a crucial macroeconomic role, as well, because by providing reliable credit enhancement, it enables continued liquidity in severe credit crunches. It is essentially a shock absorber. This role never been more important than in the wake of the recent housing market meltdown. When the bubble burst, privately funded lending essentially came to a halt and the government placed Fannie Mae and Freddie Mac into conservatorship. Access to credit tightened precipitously, throwing the market into serious imbalance. In this difficult environment, lenders turned to FHA to help the market continue to function. FHA filled a gap left by the private market. It did not affirmatively seek market share. It is worth noting that the people who run FHA make the same amount of money whether they have a 3 percent market share or a 30 percent market share. Since the beginning of the crisis, the agency has insured a historically large percentage of the mortgage market and, in particular, has served the home purchase market at a time when many other originations are refinancings. Right now, the housing sector is actually one of the brightest spots in the economy, and while the recovery does appear to be real, it is very fragile at this time. FHA's countercyclical role over the past several years is more than a simple convenience for mortgage lenders or a slogan. Economists estimate that the liquidity provided by FHA kept home prices from plummeting an additional 25 percent. And remember, that is on top of the 30 or so percent that they already did drop. That kind of market collapse would have wreaked havoc, not just causing an untold number of additional foreclosures and decimating FHA's insurance fund, but also requiring far bigger taxpayer bailouts of Fannie and Freddie. Even worse, it is likely to have sent our economy into a double-dip rescission, costing up to 3 million jobs and half a trillion dollars in economic output. As critical as it was to stabilizing the market, this support did not come without cost. FHA's insurance fund is not in good shape, and it is crucial that the agency takes steps to consolidate and improve its financial position as the economy recovers. The finances, however, are not a reflection of a flawed business model but instead are a consequence of the 100-year flood of the great recession. The bulk of the agency's losses come from loans originated between 2007 and 2009, the years just before and after the $700 billion government bailout of the Nation's largest private financial institutions. That time period also included a large percentage of loans that used seller-funded downpayment assistance, an admittedly flawed program that cost the agency $15 billion in losses and without which the economic value of the fund would likely not be negative. In contrast, the agency's more recent books of business are likely to be some of its most profitable and safest ever. FHA has taken a number of steps in the past few years to reduce risk and to strengthen the fund. They have raised premiums 5 times and instituted a variety of other risk management policies. In addition, the home price rise over the past year will further improve the financial outlook. At this point, it would be prudent to hold off on additional price increases or additional changes in the credit box to avoid overcorrecting or making mortgages unaffordable for too many people. However, as these changes take effect, FHA can continue to improve their loss mitigation to avoid paying claims whenever possible. It should also continue to crack down on lenders who don't follow the rules. But beyond FHA, the time is now to have a larger conversation about the future of our housing finance system. Fannie and Freddie cannot remain in conservatorship indefinitely, and a vibrant housing market cannot be built simply on refinancing. The market needs a steady supply of first-time home buyers who can then become move-up home buyers later. Many of these buyers will be people of color, young people with student debt, and other low-wealth but otherwise creditworthy families who don't have the means to put 20 percent down. As we consider what role the government should play in the mortgage market, we need to consider closely who will serve these borrowers. I welcome the opportunity to discuss these important matters with you over the coming year. Thank you again for inviting me today, and I look forward to your questions. [The prepared statement of Ms. Gordon can be found on page 48 of the appendix.] Chairman Hensarling. Dr. Sanders, you are now recognized for 5 minutes. STATEMENT OF ANTHONY B. SANDERS, DISTINGUISHED PROFESSOR OF REAL ESTATE AND FINANCE, SCHOOL OF MANAGEMENT, AND SENIOR SCHOLAR AT THE MERCATUS CENTER, GEORGE MASON UNIVERSITY Mr. Sanders. Chairman Hensarling and distinguished members of the committee, thank you for the invitation to testify today. Where do we sit now with the FHA? High-LTV loans, defined as 95 percent LTV and higher, currently stands at 71.52 percent. The FICO score buckets, which means the percentage of low FICO scores, which is 680 or below, is at 52.54 percent. These are very, very risky loans we are talking about. And what I would like to do is point you to the colorful tables I have in my presentation. I just want to point something out on the risk of high-LTV/low-FICO-score lending or insurance programs. In 2007, in the 620 and lower FICO score and 97\1/2\ percent and above LTV, the serious delinquency rate was 51.6 percent. That means we are putting over half of the households into harm's way. It is like putting them in front of a bus. And a lot of them got severely injured. But if we want to say, wait a minute, that was just that one year, flashback to 2001, before the bubble really hit, et cetera, 620 and below FICO and 97\1/2\ LTV and above was at 22.7 percent serious delinquency rate. That is one in four. So, again, what I am saying here is that while the FHA has historically served a very notable presence in the market and has helped many American households get housing, it is also, by having the FICO score too low, throwing a lot of households under the bus, which is not great policy. And one thing I just want to point out is that--so if we take a look at the FHA loan limit and what we can do to that, FHA of course has a higher loan limit than even Fannie and Freddie, their cousins. And I would say the first step is to shrink the FHA's footprint to allow entrance to the private sector by reducing the loan limit to 625 and then going at $100,000 a year until this is over. According to a study by Robert Van Order, former chief economist at Freddie Mac, and Anthony Yezer at George Washington, they find that current FHA policies are unlikely to assist the FHA in reaching its historical constituencies-- first-time, minority, and low-income households: ``We find that FHA's current market share exceeds what is needed to serve these markets. In the wake of significant declines on home prices, we believe FHA could reduce its loan limits by approximately 50 percent and still almost entirely satisfy its target market,'' which I just mentioned. That will reduce its current market share, which is difficult for the FHA to manage. And David Stevens, the former FHA Commissioner, has said that exact same thing. We need to put a floor on the credit score, as well, again, primarily to protect those households that are actually getting annihilated in default and foreclosure. So I would recommend a floor of anywhere from 630 to 660. A maximum LTV of 95 percent, at least, should apply. We are not talking 20 percent down; we are talking 5 percent down at a minimum, or a minimum downpayment of 10 percent if your credit score is below 680. Maximum debt-to-income ratio should be about 31 percent, should be put in there as well. In summary, the FHA's low-downpayment, low-FICO policies with 100 percent guarantee, which is way too high, encourages risk-taking by working-class households when there is a viable alternative: renting. But simple adjustments to FHA's policies of a FICO score floor, a minimum downpayment of 5 percent, and a lower loan limit, going down from 625 down to 350 eventually or less, and a lower insurance coverage to, say, 80 percent instead of 100 percent, can improve the situation. These are not draconian measures. These are simple fixes to at least help protect the first-time home buyers and minority programs. All these measures can serve to reduce the FHA's substantial high-risk footprint in the mortgage market and allow competition in the market to come back in. Thank you for the opportunity to testify. [The prepared statement of Dr. Sanders can be found on page 154 of the appendix.] Chairman Hensarling. Thank you, Dr. Sanders. Thank you to all of our witnesses. The Chair now recognizes himself for 5 minutes of questioning. As chairman, I will tell you that it is going to be a priority of this committee to forge a sustainable housing finance system in America. And I mean ``sustainable'' in two different senses: number one, something that can help reduce the severity of the boom-bust cycle that has imposed such a cost on our economy and our hardworking families and taxpayers; and number two, something that is also sustainable for families. Again, the American dream was not to buy a home, it was to buy a home that you can actually afford to keep. And so I have become concerned--and I think, Ms. Gordon, you used the phrase about the recent market meltdown, but I would remind all of us that the great debacle most people would date to September of 2008. It is now February of 2013. And I am again concerned that what were once extraordinary measures are becoming ordinary measures and becoming barriers to entry. I am concerned about FHA having 56 percent of the market. And I know that in the February 2011 report to Congress entitled, ``Reforming America's Housing Finance Market,'' the Administration stated that, ``FHA should be returned to its pre-crisis role--and that was 2 years ago the Administration called for this--as a targeted provider of mortgage credit access for low- and moderate-income Americans.'' So we will start with you, Mr. Pinto. How much progress have they made? Mr. Pinto. Very little progress has been made, Mr. Chairman. While FHA says it has shrunk some, you have to realize that there are really three agencies that work in concert together under Ginnie Mae: FHA; the VA; and the Department of Agriculture. And their share has not changed very much because they have very large competitive advantages over the private sector. So we have made very little progress. And we actually are in a situation where that progress could be turned back. Because as the FHFA Director increases the guarantee fees for Fannie and Freddie--Congress passed a law requiring that they be set at private capital rates--if FHA doesn't increase their rates in lockstep, then the business can just shift in the future over to FHA. So we still have a situation where the government has a hammer-hold on the market. Chairman Hensarling. Dr. Sanders, what do you see as the impediments for private insurance to fill the market? What are the precise practices of FHA that are helping them maintain this 56 percent market share? Mr. Sanders. I agree with Mr. Pinto. It is the conglomerate of not only the FHA but Fannie and Freddie. The market share is huge. And right now, between Dodd-Frank and the Consumer Financial Protection Bureau and the endless mortgage put-backs by the same agencies that were involved in the National Homeownership Strategy, which caused the nightmare for American households, right now if I was lending or an insurer, I would be scared about going to the mortgage market, simply because you are going to get blamed for everything, particularly under the Qualified Mortgage (QM) rules that say all borrowers are now prime, and if any of them default, it has to be your fault. So we have created an environment where FHA, Freddie, and Fannie, particularly the FHA, are just going to have, as Mr. Petrou said, an incredible market share. And we are kind of scaring people out of the market. Chairman Hensarling. I am going to try to set a good example here and keep myself to 5 minutes. I just had my staff do a simple Google search, and I pulled up an ad called ``MyFHA: FHA Mortgages.'' It is a private company, but listen to the verbiage here: ``FHA Bad Credit Home Loans. Many people don't realize that FHA loans can help people with bad credit. Need a home mortgage but concerned about bad credit? You have come to the right place. An FHA mortgage can get you into a new home even if you have bad credit because the loans are insured by the Federal Government. If you have had accounts forwarded to collections, filed bankruptcy in the past, or have high debt, you still may qualify for an FHA mortgage. These loans can work for you even if you don't have much cash for a downpayment or closing costs. And they are a much better choice than the very expensive financing that banks call subprime.'' And the verbiage goes on. I wish I had time to ask a question regarding that. I hope some of the other panelists will explore the serious delinquent rates you spoke about earlier. At this time, I will yield 5 minutes to the ranking member. Ms. Waters. Thank you very much, Mr. Chairman. One of the great things about this process are these hearings where we have an opportunity to straighten out the record, to present the facts, and to unfold what is really happening in many of these issue areas. And while we are in the Minority on this side and we only have one witness today, I think it is important that we clear up some facts. Before I go on to the question, I would like to ask the chairman, did you say that the ad that you just read was by some unknown private business? Chairman Hensarling. The Chair said ``private.'' Ms. Waters. I beg your pardon? Chairman Hensarling. The Chair said it was a private company. Ms. Waters. And so this was not an FHA ad soliciting anything; is that correct, Mr. Chairman? Chairman Hensarling. That is correct. The Chair-- Ms. Waters. Thank you very much-- Chairman Hensarling. --said it was a private company. Ms. Waters. --Mr. Chairman. I think we need to be clear about this. Let me go on to a question that I would like to pose for Ms. Gordon. The recent report released by FHA's independent actuary states that FHA's Mutual Mortgage Insurance Fund has an economic value of negative 1.44 percent, or $16.3 billion. But the fund's negative value is a future projected shortfall, not a current deficit. The report also showed that FHA still has more than $30 billion of combined capital resources, and the manner in which the FHA's MMIF is calculated does not include future projected income. Can you discuss some of the misperceptions about FHA's economic health and delve into the nuances of FHA's exact financial position and the meaning of the independent actuarial review? Ms. Gordon. Sure, I would be happy to. The negative economic value number is a number that says, okay, if we closed our doors today and didn't do any more business and had to pay out claims for the next 30 years, do we fall short? And the answer right now is we fall a little bit short. That is--if I had to look at my own balance sheet that way, trust me, I would fall short too. Right now, FHA has plenty of cash to cover claims certainly for the next 7 to 10 years. And these new books of business are going to be extremely profitable. As home prices rise, losses decline. High foreclosure rates are a problem; I certainly agree with my colleagues on the panel about that. But from the point of view of the insurance fund, if in a foreclosure you sell a home and you don't take a loss, that is not a loss to the fund. So I think that is important to recognize. It is also important to recognize that in its authorizing statute, Congress gave FHA the ability to draw from the Treasury in the event that they have to balance their books, as is required. That does not require any kind of congressional action. It is not a bailout by the taxpayers. You are essentially moving money from one account to another inside the-- Ms. Waters. Thank you very much. Dr. Sanders, do you realize that FHA does not insure loans over $729,750? Mr. Sanders. Yes, that is in my testimony. Ms. Waters. And is that available for the private market to take advantage of? They can have all of those loans over $729,750 if they want; is that correct, Dr. Sanders? Mr. Sanders. Technically speaking, that is correct. Ms. Waters. Whether it is technical or not, that is a fact. And they are not active in the private market while it is wide open to them, yet we talk about competition and we talk about them having too big a share of the market. Let me also raise another question with you about how the loans are performing. Is it not true, Ms. Gordon, that FHA loans have been performing very well since 2010? Ms. Gordon. Yes, new loans are performing very well. They are very safe. Average FICO scores for FHA borrowers right now hover around 700. These are certainly the safest books of business they have had in a long time. Honestly, this is an example of government working for all of us to help the housing recovery, which is helping all of our neighborhoods and all of our mortgages, whether or not they are insured by FHA. Ms. Waters. Thank you very much. I suppose my time is almost up, so I am going to be as generous as you were and yield back. Chairman Hensarling. Leading by example, as well. The gentleman from California, the vice chairman of the committee, Mr. Miller, is recognized for 5 minutes. Mr. Miller. Thank you, Mr. Chairman. I want to say that FHA has played a very important countercyclical role in the process, providing liquidity. We have been in a very distressed marketplace. Mr. Sanders, I agree with you--I have been a builder for over 40 years--that the private sector has actually been scared out of the marketplace by the Dodd-Frank Act. And I probably would disagree with all of you on certain things, but, Ms. Gordon, I had some real concerns in your testimony. You conclude your written testimony today saying it is important to give sufficient time to see the results of internal reforms recently instituted by FHA. That is a correct statement? Ms. Gordon. Yes. I think a lot-- Mr. Miller. Thank you. I appreciate that. But I heard the same thing from FHA in 2009, 2010, 2011, and 2012. They said the very same thing when they testified before Congress. The problem I have is, when I look at the actuarial projections that you based your testimony on, in 2009 we were told they were 0.42 percent-plus at that point in time. We were told that by 2012 they would be at the congressionally mandated minimum of 2 percent. Is that not a correct statement? Ms. Gordon. That is correct. And I think-- Mr. Miller. Thank you. And in 2010-- Ms. Gordon. --there are a lot of things that have not gone-- Mr. Miller. That is it. Ms. Gordon. --the way we thought. Mr. Miller. I am going to ask you some questions. In 2010, they were at 0.59 percent. We were told that by 2011, they would be at 1.75 percent. Is that not a correct statement also? Ms. Gordon. Correct. Mr. Miller. And in 2011, they were at 0.12 percent, not 1.75 percent. We were told that by 2012, they would be at 1.5 percent. Is that not a correct statement? Ms. Gordon. Correct. Mr. Miller. They were actually at 1.28 minus, which means there is a 2.75 percent difference in what they projected every year based on what they have done and the reforms they have undertaken. Now, I agree that FHA has been a shock absorber for the economy, but it has kind of been broken. The shock absorber doesn't appear to be really working. I also agree that real estate is probably one of the bright spots in the economy today, because I am doing building in some States and I see the market coming back. But that doesn't change the fact that FHA is undercapitalized. Every projection they have made by the actuarial and their data that they have, that they have given them, has been wrong. And the problem I have is, yes, I agree that much of the losses, the major losses, occurred in 2007 and 2008, probably in 2009, in that era--I think they might have gone back to 2006 when they started. But they have not done what is necessary to keep themselves in the plus column, and that is taking in and analyzing the risk that they are taking on certain loans and making loans that would offset the losses that they know they were going to take. And if we would have had any bank in the economy or mortgage industry group out there, we would have closed them down and taken them over in year one. But by the projections I see by the actuary, we are talking about 8 years. We are going to forego what we required every private sector lender out there to undergo by the Federal Government, being closed down 1 year, we are saying, well, that is okay, but we are going to let you go 8 years. And so the problem I have, even though I support what they have tried to do to stabilize the economy, in your testimony you say that we should not be worried because a projection by the FHA actuary is that the capital reserve ratio will be positive by 2014 and will reach a statutory minimum of 2 percent by 2017. And I am not trying to impugn you, but I am impugning somebody. Because what they are telling us is to sit back and hope--hope it is going to happen, hope they are going to be right this time even though they haven't been right in the previous 4 years. Vince Lombardi was really great. He said, ``Hope is not a strategy.'' And I am unwilling as a Congressman, as much as I support the housing industry, as much as I love the industry--I have been involved over 40 years; I see it recovering--but I can't sit back here with taxpayers' dollars and say, well, I hope they are right this time. From 2011 to 2012--we were told in 2009 they had modified the structure of the FHA so you would not face these downturns. And we went from 0.12 in the plus to minus 1.28 in the negative in 1 year. Now, the problem is I don't know what has happened since 2012 to 2013. Did we go down another 1.28 percent? My time has expired. And I was not attacking you, but I was attacking what you were working under-- Ms. Gordon. May I briefly respond? Chairman Hensarling. The time of the gentleman has expired. The gentlelady from New York is now recognized for 5 minutes. Mrs. Maloney. Thank you. During the economic crisis, my constituents were telling me that it was impossible to refinance a mortgage, it was impossible to get a mortgage. I had distinguished businesses and businesspeople come to me and ask, why doesn't the Federal Government open up a bank so that we can get a loan for a home? So I would like to ask Ms. Gordon, what economic effects would we have witnessed if FHA closed down and stopped insuring new loans immediately following our recent economic crisis? I would like to add that many members of the panel say that the private sector wants to step in. Well, step in. Finance it. FHA came in during a crisis and provided a stop-gap support for housing that others were not willing to do. So, Ms. Gordon, your response, please? Ms. Gordon. Thank you for that question. The fact is, whether the fund is $1 billion up or $1 billion down, this is a bargain price for what the FHA did to stabilize the housing market and the economy. We are talking billions, if not trillions, more that could have been lost if we had not had this liquidity available to us. I am very glad to see that Congressman Miller understands the role that has been played, but when we think of the $700 billion bailout of those private institutions, which clearly were far worse at pricing risk than the government has been--in fact, they thought they had magically eliminated risk--we have really seen government at work here on behalf of all of us. Mrs. Maloney. I would like you to comment on a statement that Secretary Donovan made before this committee last year. In it, he was quoting findings from Moody's. And he said that the loss of FHA in 2010--if FHA had not been there in 2010, the loss would have meant the loss of 3 million American jobs and a 2 percent decrease in our GDP. Would you agree with his statement on that and Moody's statement on that, on their role? Ms. Gordon. I would absolutely agree with it. This is FHA playing the role that was intended from the beginning. The Act establishing FHA did not limit FHA just to a particular set of buyers or a particular kind of loan. It was there to backstop the housing market. Mrs. Maloney. And in your testimony you spoke about this, but I would like you to elaborate on the countercyclical role FHA has played since the financial crisis began in 2008. You mentioned in your testimony that FHA has been as low as 3 percent in times of great prosperity, but in times of crisis it steps in to fill the gap because the private sector is not there. Could you elaborate on the countercyclical role it plays? Ms. Gordon. That is exactly right, that FHA was available to provide the liquidity that people needed both to refinance their homes and, most importantly, to buy homes. Because when people are going through foreclosures or leaving their home, someone has to be on the other end to buy that home to keep the neighborhood stable and keep the market functioning. So that was so important about this role. As to the question of market share, there are a variety of steps, some of which FHA has already taken and, I agree with my colleagues on the panel, can be taken to maybe help crowd in private capital, as people talk about. But at the moment, if you look across Fannie, Freddie, and FHA, it is going to take a lot more to ``crowd in'' private capital. Private capital is sitting on the sidelines not just because of some CFPB rules and not because FHA is so cheap, because it is actually not that cheap to get an FHA loan, but because there is enormous uncertainty about what the long-term future of housing finance in this country looks like. And that is why it is really important that we soon have the conversation about the future of Fannie and Freddie and the future of FHA and what kind of housing policy we want to have. Mrs. Maloney. You have mentioned steps that could be taken. What steps is FHA taking in terms of improvements to risk management and fee increases to help mitigate the changes we have seen in the market? Chairman Hensarling. I am sorry. If you could summarize. There are only 10 seconds left. Ms. Gordon. Sure. There have been five premium increases, as well as a number of other policy changes. Mrs. Maloney. Thank you. My time has expired. Chairman Hensarling. The Chair now recognizes the chairman emeritus, the gentleman from Alabama. Mr. Bachus. Thank you. I would say to both the Members and to the panel, Ms. Gordon is right when she says the role of FHA originally was different from what it is now. In 1934, when it was formed, 60 percent of Americans did not own their homes and you could only have a mortgage for 3 to 5 years. And then in the 1940s, it was primarily used for affordable multifamily housing. So, it has evolved. But I don't think there is any disagreement--I think Ms. Gordon would agree--that the present mission, even if you look on the official Web site, is to provide mortgage insurance for low- and middle-income American families for affordable housing and for multifamily housing. Now, we sometimes forget that multifamily housing. And I know Chairman Frank and I have both said that is a very important role and it is a profitable role, providing financing for private apartments. The present mission--and I would ask the panelists--as I understand it, is there is pretty much agreement on low- and middle-income mortgages, other than multifamily, for creditworthy families. And we sometimes forget that ``creditworthy.'' Now, having said that, where are these loans being made? They are primarily made in two areas. They are primarily made for people of higher incomes. You can look at Mr. Pinto's and Dr. Sanders' testimony. They are cross-subsidizing and loaning--I think the figure is 54 percent of its activity in 2011 was for 125 percent of an area's median income housing, so above--and, actually, 63 percent of FHA borrowers in high- income areas had greater than 150 percent of the average median income. So, they are doing that. The reason they are doing that is they are making money on that, which is subsidizing another category--I read Mr. Pinto's testimony and what he said earlier. Don't miss this. Forty percent of FHA's business consists of loans with either one or two subprime attributes: a FICO score below 60, below 60--that is bad credit--or a debt ratio greater than or equal to 50 percent. Now, those are risky loans. So my question for Mr. Pinto, Dr. Sanders, and any of the panel: These loans to high-income Americans and to families with FICO scores of 60 or below or debt ratios which are subprime category, is that the mission of the FHA? Mr. Pinto. I think it is not FHA's mission to serve higher- income individuals and higher-priced homes. FHA's mission should be focused on working-class neighborhoods, first-time home buyers. And what I have suggested in my testimony is that if you establish a tolerance for failure of FHA around 5 to 6 percent, you can re-target FHA to that group and successfully price those loans and still have money left over so it doesn't negatively impact FHA's fiscal position, which is poor; we just don't want to make it any worse. The reason for this is, as my study has shown, once you get around 10 percent--and remember, that is the history of FHA over 37 years. That is why we have the 3.25 million foreclosures in 37 years. It is because FHA has been tolerating an 11 percent foreclosure rate year-in and year-out, on average. So if you have that 11 percent foreclosure rate, you end up having neighborhoods, thousands and thousands of them-- we found 6,000 zip codes where the foreclosure rate averaged 15 percent. And that is financing failure in those zip codes and destroying those neighborhoods. Mr. Bachus. All right. So both of those categories that I talked about are really somewhat of a departure from their mission; is that correct? Mr. Pinto. Absolutely. Mr. Bachus. And Dr. Sanders? Mr. Sanders. Oh, absolutely. I think the FHA has veered dramatically from its original mission. In fact, based on the Web site Mr. Hensarling found, I think they ought to put a little asterisk there saying, ``Low-FICO, high-LTV loans have between a 25 and 50 percent chance of serious delinquency. So you might want to think twice--'' Chairman Hensarling. The time of the gentleman has expired. Mr. Bachus. Thank you. Chairman Hensarling. The Chair now recognizes the gentlelady from New York for 5 minutes. Ms. Velazquez. Thank you, Mr. Chairman. Mr. Pinto, isn't it true that FHA has stringent standards related to borrower qualifications and credit scores? Mr. Pinto. Than prior? Ms. Velazquez. They are talking about--I believe the previous Member asked you if they will provide-- Mr. Pinto. We have this bifurcation that leads to an average. So, on one hand, FHA has very high-income, very high- home-price, and relatively high-FICO-score borrowers. And they make loans to those borrowers, and they use those moneys to subsidize the borrowers who are below--the subprime borrowers who were mentioned, the 40 percent of borrowers who have FICO scores below 660 or debt ratios above 50 percent. That is what is going on here. Ms. Velazquez. Yes. Ms. Gordon, I would like to hear from you. Ms. Gordon. First of all, I think it is interesting that sometimes Mr. Pinto likes averages when he is talking about the foreclosure rates, but sometimes he doesn't like averages when he is talking about FICO scores. But that said, I think what we have to do here is we have to distinguish between what I like to call ``risky borrowers'' versus ``risky loans.'' The reason we had a housing crisis was because of risky loans and risky lending practices. People in the neighborhoods that Mr. Pinto has identified, those neighborhoods were largely targeted and in some sense, terrorized by these exploding ARMs, negative amortization loans, loans that were push-marketed to people without including escrow in the monthly payment. These were terrible products that were designed to fail. FHA provides 30-year, fixed-rate, fully underwritten mortgages. These are not risky mortgages. Ms. Velazquez. Thank you, Ms. Gordon. Mr. Sanders, in your testimony, you suggest reducing FHA's loan limit by 50 percent over the course of the next few years. However, the average home prices in high-cost urban markets like New York are far above $350,000 and continue to grow. Your recommendation will price first-time and low-income buyers out of the market. How can FHA fulfill its mission if it cannot provide loans to first-time home buyers and low-income families in high-cost housing areas? Mr. Sanders. Thank you. On this score, I agree with Shaun Donovan, the Secretary of HUD, who believes that we should be building more multifamily projects in the city to help relieve that stress so we have people with sensitive credit who can actually live in clean multifamily housing. I think that is an excellent public policy goal. Ms. Velazquez. Ms. Gordon, could you please explain to the committee that the median home sale price in places like Brooklyn, New York, is $565,000. And I suspect in areas like Boston and San Francisco, that would also be the case. In Chinatown, the median average is about $1 million. FHA's products allow low-income borrowers and first-time home buyers to obtain affordable financing options to purchase homes in these and other high-cost areas. What will happen in these communities if FHA reduces loan limits, as suggested by some of the other panelists? Ms. Gordon. It is an anomaly right now that the GSEs have lower loan limits than FHA. That is an odd arrangement of the world. And I understand Congress made that choice, but I am not sure people quite understand that. But what is important to understand now is that this housing recovery is both crucially important to us right now and very fragile. So to the extent we move, we need to move slowly, and we need to move carefully. And I would love to see private capital come back into that space. They can come back into that space. The reason FHA used to have such a low market share is because private capital had no trouble competing. FHA mortgages are cumbersome, there is a lot of paperwork, there is a lot of stuff you have to go through. It used to be that private mortgages were more attractive to most people when they could get them. So if the private market comes in, FHA will be able to retreat. Ms. Velazquez. Thank you. Thank you, Mr. Chairman. Chairman Hensarling. The Chair now recognizes the gentleman from California, Mr. Royce, for 5 minutes. Mr. Royce. Thank you, Mr. Chairman. I think as we look at the overarching goal here, it is really to get private capital back in, right? And at the same time, we are concerned about the bailouts and the likelihood of a major bailout here if we go in the wrong direction. We had in 2009, and we had in 2011, testimony from the head of HUD and from the FHA that they were going to work to improve the financial footing. The way they were going to do it was HUD decided to allow FHA to expand, rather than to ask it to be recapitalized at that point. So we are headed in a direction, but what has the result been? The consequences of that expansion has--we have gone from, what, a positive $4.7 billion 3 years ago to $2.5 billion in 2011, to a negative $16.3 billion in 2012. I was going to ask Mr. Pinto--we talk about the enablers here of overleverage in the system. We are all concerned about what was done in the past to overleverage. You have heard me argue in the past about 10-to-1 leverage being the maximum we should allow. We had Bear Stearns at 30 to 1. That is a problem. But in November 2011, we had FHA at 422 to 1. I remember when Fannie Mae and Freddie Mac were discovered to be 100-to-1 leverage, we thought we had a problem. So, clearly, going forward, we have something we have to address here. And now that the FHA has a negative economic value, I don't know how you even compute leverage. I don't think you can with a negative denominator for capital. Are there other accounting means that we can use to compare FHA to other public- and private-sector entities? I will ask Mr. Ed Pinto on that. And under any mechanism, is the FHA solvent? Does this raise the prospects, frankly, for us to be concerned about a future bailout here, given the way that this graph shows actual versus projected over the last couple of years? Mr. Pinto. Okay. Thank you, Mr. Royce. I don't know of any accounting regulatory scheme that would lead FHA to have a positive net worth. What is used by the actuarial study is what is known as government accounting principles. Back in 1984, when someone who worked for me was talking about government accounting principles, they said, ``They are neither accounting nor principles. They are not based on anything that you can get your arms around.'' Generally Accepted Accounting Principles (GAAP), which are used in the private sector--I have been reviewing FHA every month for over a year using generally accepted accounting principles. And based on that, FHA has a negative $25 billion net worth today, and it is also short $22 billion in its capital requirement as established by Congress, so for a total negative of over $45 billion. That is where FHA is today. And where it is going to be tomorrow--Ms. Gordon talks about how they would like to count future income and things like that, future business. No financial institution in the world gets to count things the way FHA counts them. Mr. Royce. Let me ask Mr. Sanders, then, because in your testimony you laid out a series of steps that could improve the financial soundness and would also reduce the market share, including: improve the credit quality of those receiving insurance; increase the minimum downpayment; and reduce loan limits. Can some of these steps be taken by the FHA under its current authority? And of those requiring congressional action, how would you prioritize which we should tackle in Congress? But, first, let's take what could be done under the current authority. Mr. Sanders. Under the current authority, they can do things like disclose information better. The FHA is almost like Communist China in terms of reporting their loan level data; we just don't do it. That would help us get around the problem that was asked of Mr. Pinto on accounting. Just show us your books. The actuarial reports are just--whether grossly misleading, I don't know, but they are just-- Mr. Royce. Reducing loan limits? Mr. Sanders. I think reducing loan limits has to be done here. I don't think they can do that themselves. Mr. Pinto. Let me just say two things that FHA could do immediately that would be huge. Number one is, they threatened a 3 percent limitation on seller concessions, David Stevens, 2\1/2\ years ago. It has not been done. I think one of the Members said it had passed; it has not taken place. And then, number two, return appraisal panels, just like the VA does. Those two things would be huge. Mr. Royce. Thank you, Mr. Chairman. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentlemen from North Carolina, Mr. Watt, for 5 minutes. Mr. Watt. Thank you, Mr. Chairman. And let me start by thanking the chairman and the ranking member for having this hearing. I think it is critically important, and it is an important first step to getting to the basis of what we need to do in this committee not only about FHA but Fannie and Freddie. And if we don't find some good answers, housing in this country is going to be even worse and homeownership is going to be an impossibility, I think, over time. I assume there is nobody on this panel who believes that we don't need FHA, is there? Oh, there is somebody. Mr. Pinto. Mr. Pinto. I think that raises the question-- Mr. Watt. Either you do or you don't, now. Mr. Pinto. Let me just answer it. Mr. Watt. Don't-- Mr. Pinto. If you don't take steps to reform FHA, there is an alternative way to get to the kinds of housing assistance-- Mr. Watt. Okay. But the mission-- Mr. Pinto. But if you don't fix it-- Mr. Watt. Let me rephrase the question. The mission of FHA--is there anybody on the panel who believes that we should not have the mission of FHA if FHA is operating within that mission? Is there anybody who-- Mr. Sanders. The original mission? Mr. Watt. Yes, the original mission. Mr. Sanders. I have no problems with the original mission. Mr. Watt. All right. Okay. So the problems we are having is, it sounds to me like you believe that FHA is operating outside the mission. And part of that has been as a result of the private market fleeing for whatever reason. So one question I have is, how do we get the private market to step back into this space that FHA is inappropriately, you believe, in? Let's talk about that for a little bit. And I would love to have Ms. Gordon's opinion about that. I would love to have Mr. Pinto and Dr. Sanders' opinion about it. Because if the private market is not going to step into the space, either we are not going to have the space occupied or Fannie is going to occupy it or Freddie is going to occupy it or FHA is going to occupy it, all of which currently expose, potentially, taxpayers. How would you attract the private market into this, Ms. Gordon? And then, Mr. Pinto and Dr. Sanders? Ms. Gordon. It is going to be important to have the larger conversation all together. You can't just address FHA in a vacuum, if we really want to fix the housing market going forward. We have to get serious about what we are doing with Fannie Mae and Freddie Mac. They are showing a profit now; they have become a convenient piggybank. But the fact is we have to address the whole thing together so that we can appropriately-- Mr. Watt. Okay. All right. Mr. Pinto, go ahead. Mr. Pinto. I agree with Acting Director DeMarco: ``The road to housing finance reform starts with FHA. You have to define the role of FHA.'' If we define-- Mr. Watt. Well, we have agreed on the mission, the original mission. How do you get-- Mr. Pinto. Right. So then you-- Mr. Watt. How do you get the private market to come back in beyond that mission? Mr. Pinto. The private market is ready, willing, and able. You have new mortgage insurance companies that have started. You have capital being put in-- Mr. Watt. What are they waiting for? Mr. Pinto. Excuse me? Mr. Watt. What are they waiting on? Why are my constituents coming to me saying, ``I can't get the private market to finance a loan?'' What are they waiting on? That is the question I am trying to get to. Mr. Pinto. You want responsible lending. I think we all want responsible lending. And the private sector is ready, willing, and able to do responsible lending. FHA, as I have documented, is not doing responsible lending in these areas that are occupied--working-class families and neighborhoods. They are not doing responsible lending. You want responsible lending. Mr. Watt. Dr. Sanders, go ahead. Mr. Sanders. I agree with Ed. Part of the reason, although Ms. Gordon doesn't agree with me-- Mr. Watt. I am not looking for reasons. I am asking, how can we attract private capital back into this area? I am not looking to blame anybody. I know what the blame is. We have been doing that for 2 years now. Mr. Sanders. I am not blaming Ms. Gordon. I am just saying that--what I think is, if we take a look at the Dodd-Frank Consumer Financial Protection Bureau QM, whereas essentially, as I have called it before, is the Fannie-Freddie-FHA protection bills, because now most loans are just going to go to FHA once Freddie and Fannie come out of conservatorship. And so, we have to lower the footprint, raise the premiums even more on FHA, and, again, take them out of the subprime end of the market. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentlelady from West Virginia for 5 minutes. Mrs. Capito. Thank you, Mr. Chairman. I want to thank the panel. I would like to start on the shortfall at FHA, the $16 billion that we have talked about, capital ratios in the negative. And I believe I heard Ms. Gordon say--and I haven't been in the entire hearing, so excuse me if I have misconstrued your comments--that basically what it would be is, if it was ever called upon, is just shifting from one account to the other and that there is really nothing that the taxpayers would be liable for. Is that your essential statement there? Ms. Gordon. No, that is not what I am saying. What I am saying is that right now, there is nothing that is going on that requires what I think people think of as a bailout, where Congress has to vote new money to do something that wasn't contemplated. What is happening right now is contemplated, that from time to time an agency with a mission like this is going to be in dire straights. And don't misunderstand me. These are financial dire straights, and it is very important to get the financial house back in order through steps such like the ones that FHA has taken and some of which they are seeking additional congressional authority so that they can take. Mrs. Capito. Right. But if there is an infusion from the Treasury, that would, in fact, impact taxpayers, because the Treasury is and continues to be our tax dollars. Correct? Ms. Gordon. Yes. Mrs. Capito. Okay. Then my next question would be to the experts on the panel. Is there a mechanism that if an infusion of capital from the Treasury becomes necessary, which it looks like it might be, is there a mechanism for FHA in rosier times to repay this as part of the process? Mr. Petrou. Yes, there is. The key is to, first of all, change the budget accounting, which is what CBO has recommended, to show the true risks associated with FHA. All these numbers that you are talking about are numbers that are really artificial, and they are artificially low in terms of the bailout that we are talking about. Mrs. Capito. So you think the $16 billion is a low figure? Mr. Petrou. It is low in terms of the real risk, and that is-- Mrs. Capito. Okay. Mr. Petrou. --what CBO has made clear in its work with respect to fair-value accounting. The second thing, the way you want to--if you are going to grow--you can't--I don't believe in growing FHA's way out of its problem. I think that is really just what the S&Ls thought they would do in the early 1990s, and it failed, but now you are playing with taxpayer money. The answer, really, as I indicate in my testimony, is to cut the government insurance down to 30 percent from 100 percent-- Mrs. Capito. I see. Mr. Petrou. --so that the lender is on risk, and then keep the premiums so that you can recapitalize the fund to 4 or 5 percent. And that way, you would start getting yourself into a responsible economic program, as opposed to worrying about supporting the market--if, in fact, it needs the support, continued support--by inflating home prices. Mrs. Capito. All right. Thank you. I am going to jump to another area here because I only have a minute and 45 seconds left. I was the ranking member on the Housing Subcommittee with Ms. Waters when she was the Chair, and we had more than a few meetings of this impending doom. This has been talked about in our committee for years, that this is the direction the capital ratio is headed. The response from the Secretary of HUD and others, the FHA administration, has always been that the newer loans, the ones that are being entered in now, are going to be the ones that are going to sustain the fund going forward and that the past ones are the ones that are really messing it up, and that all these loans are going to be cycled through. But from what I am hearing from your testimony, that is not what is happening here. Mr. Pinto, would you have a response to that? Mr. Pinto. Yes. You are absolutely correct. What is going on here, these projections are made, and they are just not credible. The projection itself that was made in November is based on a July interest rate projection. In the report, it talks about, if we are in a low-interest rate environment--and I think everyone here agrees we are in a low-interest rate environment--it is not $16 billion negative or $15 billion negative, it is $31 billion negative. Secondly, the last recession ended in mid-2009. It doesn't feel like it ended, but officially that is when it ended. FHA is very vulnerable to a recession, as the chairman said at the beginning, very vulnerable to a recession. If there were to be a recession anytime in the next 4 or 5 years--and I am not talking about a big one, just a normal, run-of-the-mill recession--FHA would suffer catastrophic losses and the taxpayer would be at risk. Why? Because not only do they have all these negative economic values we have talked about, then they run into some additional losses that they never projected. Mrs. Capito. All right. Thank you. Thank you, Mr. Chairman. Chairman Hensarling. The time of the gentlelady has expired. The Chair now recognizes the gentleman from California, Mr. Sherman, for 5 minutes. Mr. Sherman. Thank you. The FHA may have mispriced risk, but I will point out that the private sector did worse. S&P stood as the crown jewel of the private sector's ability to price risk. They were in the business of telling everybody else in the private sector what the risk was. And now, a judge or jury will determine only the simple fact: Were they negligent in mispricing the risk or fraudulent in mispricing the risk? In 2010, this committee and the Congress passed legislation that pushed the FHA toward higher fees. Now, it appears that they are doing a better job of pricing risk--if anything, pricing it high enough to make a profit. Last December, the Secretary of HUD testified that FHA's market share was contracting. I want to recognize the gentlelady from West Virginia, because she and I worked on a letter that I think was important in prodding the regulators to define qualifying mortgage with a safe harbor. Now that they have a safe harbor--and let's hope that concept is made solid-- I don't know why the private sector is not playing a more robust role. Ms. Gordon, you testified that there would have been another 25 percent decline in home prices if FHA had not been in the market. I think that comes from Moody's? And you are nodding ``yes.'' In a few sentences, could you tell us what this country would have looked like if we had had another 25 percent decline in home prices? Or do I have to watch all those post- apocalyptic movies? Ms. Gordon. Yes, I would say you have to watch one of those movies with all the scary things, because I-- Mr. Sherman. ``Thunderdome?'' Ms. Gordon. --can hardly imagine. There are so many neighborhoods that still are in deep, deep distress because of the private, toxic, subprime loans that were made and because of the foreclosures, the subsequent recession, the unemployment. Imagine if we had had 3 million fewer jobs--we would not be on a road to recovery today at all. Mr. Sherman. For the record, I will just define your answer as ``somewhere between `Grease' and `Thunderdome.''' Ms. Gordon. That works. Mr. Sherman. I worked with the Vice Chair of this committee to allow FHA in high-cost areas to go as high as $729,750. That sounds like too much for most of the districts represented here, but in the 12 high-cost areas, it was critical. Are the FHA's reserves higher? In effect, are they making a profit, an actuarial profit, on those loans that they are guaranteeing between $625,000 and $729,000? Ms. Gordon? Ms. Gordon. I don't have the numbers in front of me, but one would imagine that is a possibility. Maybe Mr. Petrou has the number. Mr. Sherman. Mr. Petrou? Mr. Petrou. I would question whether or not that is the case. And the reason I question it is that, while FHA had hoped that its 2010 book of business, for example, would be performing better, hopefully enough to bail out the rest of the fund, in fact, if you look at the latest actuarial report, you will find that the present value of that book of business is falling. Mr. Sherman. I would beg to differ with you on a couple of points. First, I was asking about loans that make up about one- twentieth of that book of business. Mr. Petrou. Yes, and that is where you get-- Mr. Sherman. You are talking about what the temperature was in the whole country, and I asked you what the temperature was in one county. Mr. Petrou. And that is--I said my-- Mr. Sherman. So I am going to reclaim my time and just note for the record that in terms of default rates, private-sector loans, prime, have been at 5 percent; subprime, 22 percent. Yes, the FHA overall is at 9 percent, but for those loans made in 2011, the seriously delinquent loans are only 3 percent. So to say that the FHA's recent loans--first of all, you have the actuarial value that says that their book of business for 2010, 2011, and 2012 should raise their capital by $22 billion in profit, but then you have the actual nonprojected, real-life experience of 2011, a 3 percent default rate. And I believe my time has expired. Chairman Hensarling. It is certainly expiring. The Chair will now-- Mr. Sherman. It is clearly expiring. Ms. Gordon, do you have any further comment in 5 seconds? Ms. Gordon. What we can all agree on is if we do a better job of loss mitigation, both at FHA and elsewhere, that will help everybody's books. Chairman Hensarling. The Chair now recognizes the gentleman from New Jersey, Mr. Garrett. Mr. Garrett. Thank you. And before I begin, just to this issue of where the private sector is versus these that are basically in the public sector, remember, those loans that are in the private sector, if they go bad, the taxpayer is not on the hook. So if they made bad decisions on these things, it is not the taxpayer who ultimately has to pay the price for it. But on to this panel. This panel has been interesting in some of the rhetoric that we have heard so far, that we have heard from some members, at least Ms. Gordon, using the term ``terrorism'' in the financial sector, that people have been terrorized, areas have been targeted, and what have you. I suppose that some of the government policies that also went after the low-income in these certain areas, such as CRA, might be government counterterrorism in those same areas, as well. But rhetoric aside, I think the other term that we hear from the other side, the constant refrain or the mantra of the countercyclical role of the FHA is an interesting one. I guess that means that if you, individually, would not lend money to your neighbor to help them buy a home because of market situation or what have you, but you want the government to use taxpayers' dollars to go in and help them out and buy a loan, that is the countercyclical nature of the FHA; something that you, individually or personally or investment-wise, you are not willing to do, but you are sure happy to have the taxpayer step up and step into that role. And that is the role you are suggesting for the taxpayer through the FHA. Now, notice that when you do require the FHA to take that countercyclical role, there is a price to pay, not for the prudent borrower, not for the individual who has said, ``During these down times, I am going to wait and save up my money to get into the market tomorrow or the next day,'' because when you act in this countercyclical manner that the FHA has done, what happens is, as this panel has indicated, the rates later on, as they are now, as Ms. Gordon has said as well, the costs go up. So that prudent individual actually has to pay the price for the failed policy of the Federal Government and also for the imprudent action of the prior borrower, who now finds himself either out of a house or in a house that is underwater. I am not sure why anyone would be advocating for imprudent investments and imprudent lending or for penalizing those individuals who do the appropriate thing and buy when they are able to afford it. Let me turn to Dr. Sanders as to what the appropriate role for the FHA is, since you said you approve of the appropriate historical role of the FHA. And that was, I believe, to help out first-time homeowners and those low-income communities and areas or individuals who could not afford to buy a home, and FHA was created in that manner. Just as an aside, I know our President has been on TV frequently defining who the rich are in this country, and the rich are anybody who makes over $250,000. So those are who are the rich. But isn't that exactly what the FHA has now morphed into, is saying that we are now going to allow and to help facilitate those rich people to buy homes? Mr. Sanders. Yes, the FHA has strayed from its original mission: first-time home buyers and minorities. And even on the minorities side, you have to be very careful about harming. Again, FICO score gets too low, they are actually worse off--not all of them, but maybe 50 percent are worse off going into this homeownership under the new rule, the revised thing. This is not helping; this is hurting. Mr. Garrett. Let's drill down on that a little bit. What we think, on the face of it, is actually helping communities and helping homeowners is, what? Is actually hurting them, because it is helping to facilitate people buying houses that they can't afford in a downward market, putting them into houses that are soon going to be underwater. And, actually, now, you are also adding the other facet that I didn't think about: That actually gives them a lower FICO score going forward if they need to get out of this or buy something else. Is that what you are saying? Mr. Sanders. Yes. I never think it is proper housing policy, or any kind of policy, to encourage households to take on a lot of risk, which is exactly what the FHA is doing when they strayed from their original mission. And, of course, that ended catastrophically in history. And, by the way, saying, going forward, the book looks good now may be true, but, remember, everyone was saying back in 2002, the book looks great, everything is improving. Well, it didn't. We still had for those low-FICO 25 percent serious delinquency rates. The problem is that you can't just look at the current state and assume that is the future. We will have other recessions, as Ed said. Mr. Garrett. Mr. Pinto, I see you are raising your hand. Mr. Pinto. Yes. The NAR--and, in fact, they just took out ads, full-page ads today. And they say that FHA provides access for credit for millions of Americans exactly the way Congress designed it to operate 80 years ago. So I went back and looked. Eighty years ago, the maximum LTV was 80 percent; today it is 96\1/2\ percent. The maximum loan term was 20 years; today it is 30 years. Insurance claim rate, 0.2 percent cumulative over 20 years, versus 11 percent annual now. The loss rate has increased 400 times--400 times. Mr. Garrett. Thank you. Those are important points. I appreciate them all. Chairman Hensarling. The time of the gentleman has expired. The Chair is going to make an announcement. As you probably know, votes are anticipated on the Floor shortly, perhaps as early as 11:00. With the agreement of the ranking member, we will clear one more Member on each side and adjourn at that point. And I understand the Democrats have their retreat today, so we we will not be gaveling back in. So, at this point, the Chair will recognize the gentleman from New York, Mr. Meeks. And with apologies to everybody else, you can probably do the math and figure out whether or not you are going to be recognized. The gentleman from New York? Mr. Meeks. I want to thank the chairman and the ranking member for this time and for this hearing. Let me just ask a few quick questions. I know that the ranking member of the Housing Subcommittee is champing at the bit over here, and so I am going to try give him a couple of minutes, at any rate. But I just heard--Mr. Sanders, you stated and you have quoted in some of your testimony, I guess, this question about the policy or the mission of FHA and that it no longer can serve first-time buyers or minority and low-income borrowers. But isn't it true that in 2011, over half of all African Americans who purchased homes purchased an FHA mortgage and over 49 percent of Latinos did so with FHA financing, as well as 78 percent of all FHA finances were first-time home buyers? Isn't that the mission of what FHA is all about, and, therefore, they are continuing that original mission? Mr. Sanders. Mr. Meeks, thanks for asking me that question. First of all, I did not say they are not doing first-time home buyers. But, second, I have that table in my testimony, that, in fact, the FHA does serve more Black and Hispanic households. My point is that, while that may be true, do we really think, again, throwing them in front of a moving bus, where the delinquency rates are so high, is that proper public policy? Or are they better off doing what Shaun Donovan, the Secretary of HUD, said? Mr. Meeks. Just what we just said before, under those same time periods, if you look at the delinquency rates, it is down. In one year, it was 6 percent, and in the other, it was 3 percent. And then in your same testimony you talked about the fact that--and you used the D.C. area, where you talked about foreclosures. But in the D.C. area, the majority of those foreclosures were not FHA; they came from foreclosures from privately funded subprime loans that were not insured by FHA. And I see Ms. Gordon is champing at the bit. Ms. Gordon, do you want to add something? Ms. Gordon. Yes, I just want to say, with all due respect, what Mr. Sanders and Mr. Pinto are doing is blaming the firemen for getting the house wet. FHA did not cause the crisis. FHA was virtually absent from the market when this got started. FHA has come into neighborhoods, neighborhoods that have been in something of a death spiral with foreclosures and the like, and tried to put some kind of floor under that and allowed people in those neighborhoods, many of which are neighborhoods with large communities of color, to get their feet back under them. Mr. Meeks. In fact, even in Mr. Pinto's statement, I believe he said that FHA is overly concentrated in low- and moderate-income communities. But that is FHA's core mission, to help creditworthy low- and moderate-income families. That is what their core mission is. I am going to yield back the balance of my time. They are going to come back? Oh, great. Good. Then I can keep going. Mr. Pinto, in your answers to Mr. Watt, I think that maybe you might want to--your statement clearly seems to me that you are not for the mission of FHA; you don't agree with it. Because you are saying in your statement that it was overly concentrated in low- and moderate-income communities, which is exactly what their mission is. I think that you raised your hand and then you put it down, so I want to give you a chance to really state--and it is okay. If you are not for the mission of FHA, then state it. Because that seems to be what your testimony is. Mr. Pinto. I appreciate that. First, let me say that FHA was not the firemen, they were the arsonist. Starting in 1992, Congress ordered FHA, Fannie Mae, and Freddie Mac to go down an arms race of weakened lending practices that led to the problems that we had, along with the National Homeownership Strategy. But on to your point, I am not against FHA's mission of serving working-class families and communities. What I am against is abusive lending practices by FHA in those communities and to those families. And that is what I have documented. If you go to page 25 of my testimony, you will find an explicit way to serve those communities precisely in a way that is not abusive and does not finance failure, which is what FHA has done-- Mr. Meeks. All those delinquencies that you say were in private industry-- Mr. Pinto. --for 30-plus years. Mr. Meeks. --so, therefore, the private industry that had all of those delinquent loans, that really caused--when they bundled them, sold them, they are not the arsonists. They should be exempt from what you have been talking about. And I see Ms. Gordon is champing at the bit. I am going to give Ms. Gordon a chance to say something there. Ms. Gordon. I think that it is insane to consider FHA abusive lending. This is fixed-rate, long-term, sustainable, underwritten mortgages. We know what toxic loan products look like, and they don't look like this. UNC has recently done a very in-depth longitudinal study of a group of something like 46,000 lower-income, lower-FICO home buyers who were given these 30-year, fixed-rate mortgages, sometimes with lower downpayments than FHA requires. And those loans have outperformed all but the very-- Chairman Hensarling. The time of the gentleman has expired. I want to announce that the House is in recess at the moment, so several of you need not rush off. The Chair now recognizes the gentleman from Texas, Mr. Neugebauer. Mr. Neugebauer. Thank you, Mr. Chairman. I think one of the questions that was asked is a good question, and that was, what does it take to get the private sector back into this market? I think a couple of things would help that process. One is, if I was a private company and the Federal Government would subsidize my operating costs--that is what we do with FHA; they do not take any of their operating costs out of the fund revenue--and that I had an unlimited credit line at the United States Treasury and I didn't have to answer to any shareholders, I could be very competitive in making loans competing with FHA. But the truth of the reality is, in the marketplace today, it is very inexpensive to sanitize these mortgages, either running them through FHA, Fannie Mae, or Freddie Mac. And so, you have 90 percent of the market being sanitized there for a very low risk premium. If you want the more private market to come back in, you have to level the playing field, and the playing field is not level. Comments, Mr. Pinto, Mr. Sanders, Mr. Petrou? Mr. Pinto. Yes, absolutely. I think I testified 3 years ago that the housing policy in the United States has created a brick wall that the government mortgage complex has created. And that complex is impenetrable. It is 10 feet high, very wide, and it goes underground. So you can't dig under it, you can't go over it, and you can't go around it. The private sector doesn't like to break through brick walls. They like to go into opportunities. As long as the private sector--as long as the government mortgage complex, which is Fannie, Freddie, the FHA, VA, Ginnie Mae, USDA, all of these entities, are out there with their different programs, it is very difficult for the private sector to compete. The advantages that Ginnie Mae brings to FHA are not very well-understood. Ginnie Mae reduces the rate on FHA loans by a substantial amount. It actually almost offsets the amount of some of the premium increases that have taken place. And the result is that those securities sell at a higher price in the securities market than a Fannie Mae security. That is a subsidy, an implicit subsidy, that goes to FHA. And, again, it makes it very hard to compete. That is why these higher-income loans--you ask, why are those loans being made? The reason they are being made is because of the Ginnie Mae subsidy. They charged a lot on the FHA side, but you then add in the Ginnie Mae subsidy and those loans are able to be done. So the market is not a level playing field, and we need to get to one. Mr. Neugebauer. Mr. Petrou? Mr. Petrou. I agree completely. Ginnie Mae is pricing right through Fannie/Freddie securities, and that is the key factor in terms of trying to ``compete.'' In the immortal words of Milton Friedman, we could still have a Pony Express, if you want to subsidize something like that, but we chose not to. And the reality is that nobody is going to get into this market as long as the government is blocking them with this cheap pricing. Mr. Neugebauer. And before you respond, Mr. Sanders, the other thing, too, that I didn't mention is this new risk that everybody is trying to figure out how to price, and that is called the regulatory risk now that falls onto the private mortgage market that doesn't necessarily fall to those loans being originated through FHA and Freddie and Fannie. Is that correct? Mr. Sanders. That is correct. Dodd-Frank and, to a large part, the Consumer Financial Protection Bureau omits Freddie and Fannie and FHA. So we have for the lenders a very stringent set of standards, including prime risk and the associated blame with that, but Fannie and Freddie and FHA just seem to have somehow waltzed their way out of this. So they are not really under the regulatory supervision of Dodd-Frank. That has been pointed out before, but that has to be fixed. We have to have rules governing the FHA, Freddie, and Fannie that make it a level playing field with the banks, the lenders. Mr. Neugebauer. Yes. So we are really comparing apples and oranges when we try to compare. And we are going to have a hearing in our subcommittee, and we are going to dive deeper into this so that we can begin to contrast these entities from an accounting standpoint, from the regulatory standpoint, to try to build a model here so we can tell why these entities aren't able to compete. I just had one last question for Ms. Gordon. Ms. Gordon, you said that if the money is advanced to FHA, it isn't a bailout because it isn't the taxpayers' money, it just comes from the Treasury. Do you know where the Treasury gets its money? Ms. Gordon. No, we have discussed that already. That is not what I said. What I said is Congress does not have to vote on some kind of bailout. Mr. Neugebauer. No-- Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from Massachusetts, Mr. Capuano. Mr. Capuano. Thank you, Mr. Chairman. I want to thank the panel for being here today. As I said, I think you raised a lot of good questions. But I want to make a few points. First of all, we haven't publicly stated, though I know it is in your testimony, that at this very moment FHA has $30.4 billion worth of cash ready and available to cover it. I understand that over the long term they have some concerns; I am not even arguing the point. That is why I want to hear some of the things. But this is not a crisis that is going to happen tomorrow, at least not right away tomorrow. I also want to be clear that the FHA has taken--I have a list of 15 different steps that they have taken over the last several years to address these very issues you mention. And I would like to submit that list for the record, Mr. Chairman, if I could. Chairman Hensarling. Without objection, it is so ordered. Mr. Capuano. Thank you. But, this list includes increasing the mortgage premium rate at least 4 times. It might be 5 times; maybe I counted wrong. I am not even sure I like that, but at least it addresses your end of it. They increased some of the downpayment requirements for different FICO scores. They changed some of the things for seller concessions. At least that is pending, as I understand it. The new debt-to-income ratios--they have done a whole bunch of the things, at least in general, that you have suggested. And they are in the middle of doing others. Now, I am not suggesting they can't or shouldn't do more. But I think that needs to be recognized, as well, and that their book has gotten better over the last 2 years. I think those things have to be recognized. So I just want to put those on the record. I also want to state very clearly that if the chairman or anybody else wants to put the bill out that this committee put out last cycle, we should do it today, get it on the Floor, get it through. We can beat up the Senate for the next 2 years, instead of waiting until we beat up everybody we want to beat up to put out a bill. Let's put the bill out that this committee voted last cycle. Let's put it out today so that we can get moving on some of the things that the FHA says it needs legislatively that I think everybody agrees we want to give them the power to do. So let's do that instead of just beating each other up. I guess I want to also comment on some of the things that were said earlier. Prudent lending. Who is against prudent lending? Now, the question is, define ``prudence.'' Some people would define prudence as only lending to Donald Trump. That is prudent. He can pay it back. That means there is no middle class. The question on prudence is always about the ability to pay. And, Mr. Petrou, I want to get to some of your comments. Because the reason is, all of these agencies deal with the amount of money that is available for loans, and it doesn't take into consideration regional differences. The cost of housing in my district is approximately 2 to 3 times the cost of housing in the chairman's district, but wages are approximately 70 to 100 percent higher, as well. Mr. Capuano. The question shouldn't be on how much the house cost; it should be on whether the borrower can afford to pay. That all plays on all different things: downpayment requirements. I could not afford to buy any home in any district if you have a 50 percent downpayment requirement. What should it be? Should it be 5? Should it be 10? Fair questions. But to simply throw numbers out really begs further questions. For me, those numbers are fine. FICO scores up, down, over. The question is, what does it mean to the middle class? Can FHA actually accomplish its mission based on some of these numbers? And the truth is none of these testimonies gives answer to that. They raise questions, but they don't give answers. I need to see answers as to what the impact is of some of the things you are suggesting. And if we get to there, I don't think we are going to find ourselves on significantly different pages at the end of the day. Maybe we will, but right now we don't have it. If you have those statistics, I would like to get them. I read your full testimonies, including your multi-page thing, and I didn't see them. I saw nice, generic comments and studies of what happened in poor neighborhoods. FHA belongs in middle-class and lower-income neighborhoods. We all agree with that. Was it the FHA or wasn't it? What is the impact to this? Even by shifting to some of the things--for instance, the VA coverage of 50 percent versus 100 percent. Conceptually, I like that proposal. I don't know if 50 percent is the right number, I don't know the number, but the concept of somebody having skin in the game is a good concept. But I need to know, what does that do to rates? If you say we are going to have a 10 percent skin in the game, does that mean that my mortgage rate goes up 20 percent? And if it does, that means you are kicking out a whole lot of people from being able to do it. So, for me, I guess I am asking especially those of you who have been enjoying kicking the recent history of FHA--I hope you are having a good time; that is great. It doesn't help me move forward. It doesn't help us get back to that mission. So, for me, I need you to tell me: What are the impacts on these rates? Who are we kicking out of the housing market? And how is it going to impact some of these middle-class neighborhoods that we claim that we all want to help? Mr. Pinto. Page 22 to 25 in my testimony explicitly and precisely answers every question you just asked. Mr. Capuano. Actually, I did read it. I don't think it did, but we will talk about that another time. Mr. Pinto. I would be happy to meet with you over it. Chairman Hensarling. The time of the gentleman has expired. The Chair now recognizes the gentleman from California, Mr. Campbell, for 5 minutes. Mr. Campbell. Thank you, Mr. Chairman. What I would like to focus on in this 5 minutes is what FHA should look like going forward. Let's assume that we are developing a sustainable housing finance market, which means we have to do a lot of things around FHA, granted. Okay, that is going to be a lot of the work of this committee coming this year. But assuming that happens--and we will all be deciding at some point what that looks like--what, ideally, would we like FHA to look like? Two things I would like to focus on, and that is, one, in terms of the original mission. I am from Orange County, California, a very high-cost area. FHA is doing a ton of loans from $400,000 to $700,000 in my area. A lot of low-downpayment loans, where people actually have more money for a downpayment but because loans are so cheap, interest rates are so cheap, they put as little down as they can--all kinds of things that it strikes me are not anywhere near--and I take your point, Ms. Gordon, about how we have softened what would have otherwise been a worse market. But that clearly is not what the original mission of FHA was. I heard from you, Mr. Pinto, and you, Dr. Sanders, I think, about the original mission. I would like to hear from the other two of you, Mr. Petrou and Ms. Gordon, about what sorts of loans should FHA be making in this ideal sustainable market in the future. Mr. Petrou. I think, as I say in my testimony, they should be targeted to the income of the borrower, not the loan amount. And that would be by geographic area on median income. And, consequently, if your borrowers in your district are of a certain income and they qualify for the loan, then those are the loans that should be made. You shouldn't have builders building up to an $800,000 limit because they are able to get it from FHA even though the median income in the area isn't at that level. And it also addresses the fact that when interest rates go up, the amount of money that qualifies falls for these mortgages. And you have to take that into consideration, as well. Mr. Campbell. Okay. Mr. Petrou. And, finally, on downpayment, it is critical that the downpayment be reflective of the risk. Mr. Campbell. I am going to get to that. Ms. Gordon? Ms. Gordon. Mr. Pinto referred to Gale Cincotta before, and I think I am fighting for the same thing she was fighting for, which is just to make sure that credit is available in all the communities of this country and to people of low wealth, people of color, younger people. And so, in my ideal world, you see both Fannie and Freddie and the private market competing for that business. I would far prefer to see most creditworthy borrowers served by a private market, maybe with some kind of government backstop, so that government is not on the hook for the first loss, and see FHA fill in behind that for people who otherwise need some assistance. I actually think we all share that vision. We may have slightly different views of how to get to it. And I am not sure how you pull FHA back before you make sure there is something coming in behind it so we don't go into another round of home price declines. Mr. Campbell. Right. And I get that. But, and to your point, I think there is agreement on the panel that we would like to see FHA go back to what it was originally designed to do. And as much as I get it and it is my district and all that now, they shouldn't be making $700,000 loans on million-dollar houses. There should be other accommodations for that sort of loan. Let's talk about whether FHA insures from dollar 1. With a 3\1/2\ percent downpayment, effectively, when you sell a house, that doesn't cover the commission. So, essentially, FHA insurance covering from dollar 1 of the potential loss. I would like to start with you again, Ms. Gordon, and then work back the other way and just see, do you think that FHA should be doing that? Or should someone else bear some of the risk, 5 percent, whatever? Ms. Gordon. For the role that FHA would ultimately play, this is part of the historical mission, that FHA is an insurance program which is backed by the U.S. Government. And I think that is an appropriate role. But I think that what is important is that we make sure there are ample opportunities and avenues, channels for credit elsewhere that do not have-- Mr. Campbell. Okay. Let me give someone else the final 14 seconds. Yes? Mr. Petrou. I would recommend that you could do a risk- share program within FHA so you could have a private risk at the first dollar loss, FHA takes the remainder down to 30 percent, and then the lender is on the hook for anything deeper. Chairman Hensarling. The time of the gentleman has expired. We will call upon two more Members and then adjourn. Mr. Green from Texas is recognized for 5 minutes. Mr. Green. Thank you, Mr. Chairman. I thank you and the ranking member for the dinner that we had together to engender a degree of civility and friendship. And I want to assure the people who are watching at home that we really did have the dinner. Let me start by saying to you that I did not come prepared to defend FHA today, but I feel compelled to do so. FHA did not create the housing crisis. Some things bear repeating. FHA did not--N-O-T--create the housing crisis. It started in the 1980s with these so-called exotic products. And I am sure you remember some of them, but for fear that some do not, let me express to you what some of them were. Teaser rates that coincided with prepayment penalties. FHA didn't creates teaser rates that coincide with prepayment penalties, such that you are locked into a loan and you can't get out unless you pay some large amount of money. Qualifying buyers for teaser rates but not qualifying buyers for the adjusted rate. FHA didn't create that product. By the way, Dodd-Frank addresses these products. Balloon mortgages. One big payment at the end of some period of time, after having maybe an interest-only payment. Option ARMs. Underpay, and we will tack what you don't pay onto the principal. No-doc loans. Rating agencies that--at least one of which is now being prosecuted--rating agencies that were literally giving those who desired an evaluation what they wanted. Credit default swaps in the tertiary market so that you could kind of gamble together with the taxpayers' money, in a sense. Originators of loans not having to be responsible for the default. Probably more than anything else, this was the gravamen of the problem. When we allow the originator to care less about whether or not there would be a default, just qualify the person as a home buyer rather than a homeowner, and send that on to the secondary and tertiary market, somebody else will worry about the default, this is what it was all about. Let's not kid ourselves and try to blame the CRA and FHA for what happened in the--started in the 1980s and ended up with the crisis that we had to give some attention to. FHA does insure--does not lend a penny, by the way--some loans that some would consider high-dollar loans. But would it surprise you to know that in October, the average loan amount for FHA was around $180,000, $183,000, less than $200,000? Would it surprise you to know that the entire portfolio of FHA has loans that average around $150,000? FHA is not a culprit. So let me just ask one question, and I will probably then yield some time so that others can be heard. But my one question is to the entire panel. Who among you would end FHA--would end it rather than mend it? Which of you would end it? I ask that you acknowledge that you would, if this is your position, by kindly raising your hand. Kindly raise your hand. Now, Mr. Pinto, I don't see your hand going up, so I am going to assume that you would not end FHA. This will require, unfortunately, because time is of the essence, a yes-or-no answer. And perhaps we will get into-- Mr. Pinto. I can't--I answered the question earlier not yes-or-no. I am sorry, it is just not a yes-or-no question. Mr. Green. Not a yes-or-no. Then I will conclude, if I may--and you can have someone else help you with this, if you would like--but I am going to conclude that under certain circumstances, you would. And that is all I can conclude. Is there anyone else who would end the FHA? All right. Let me close with this, dear friends. I came to Congress to represent everybody in this country. And in so doing, I understand that there are a good many people who cannot go back to the 1930s, when you had 3- to 5-year loans, when you had huge balloon payments, when the interest rates were exceedingly high. FHA has provided middle-income persons with an opportunity to engage in homeownership. We have to mend it. There may be some problems. But we didn't end the big banks. We gave them a second life. I am going to fight to keep FHA. Chairman Hensarling. The time of the gentleman has expired. And I would just let the gentleman know, having paid for half of the bipartisan dinner, I certainly recall it. The Chair now recognizes the gentleman from Georgia, Mr. Westmoreland. Mr. Westmoreland. Thank you, Mr. Chairman. To my colleague from Texas, FHA does not have to meet the same QM/QRM standards that the Dodd-Frank requires private companies to have. And, Ms. Gordon, I just want to clarify one thing. I think the gentlelady from California was talking to you about the minus 1.44, and you were explaining that this does not have to do with the $30 billion that they have in the bank but that this was something that, if all of them come due at one time, that the fund would be a little bit short. Just for clarification so I can kind of get the perspective on it, what is a ``little bit short?'' Ms. Gordon. The point I was making is that right now FHA has cash on hand, as has been pointed out by several of the Members today, and that the measurement that we are talking about is a measure of if FHA stopped doing business today and paid out its claims, not all at once but over the next 30 years. Mr. Westmoreland. Yes. But what is a ``little bit?'' Because my numbers say it would be $16 billion. Ms. Gordon. We don't actually know what the number is because this is not the same number as will correspond to-- Mr. Westmoreland. All right. What would your ``little bit'' be? Ms. Gordon. I think what I am trying to look at is what the value is that we are getting for our money here. Mr. Westmoreland. Okay. I don't think you are going to answer the question, or maybe I am not asking it correctly. In President Obama's Fiscal Year 2013 budget, FHA requested about $688 million to cover the expected losses during this fiscal year. Ultimately, FHA did receive $1 billion from the DOJ settlement with the banks and averted a taxpayer, what I would term a ``bailout.'' And given what you all know about FHA's current financial situation, could each one of you give me an estimate on how much money you think that the FHA will need to cover their losses in Fiscal Year 2014? Mr. Pinto. I think the number is going to be in the negative $10 billion to $12 billion range. Mr. Westmoreland. Twelve billion? Mr. Pinto. Yes, $10 billion to $12 billion, negative. Mr. Sanders. That is a reasonable estimate, but, again, it all depends on whether we ever actually get out of this super- slow-economic-growth thing or do we have a double dip in the economy, which is possible. Then all bets are off. Mr. Westmoreland. Right. Mr. Petrou. FHA has a lot of real estate owned on its books right now, and a lot of how much loss is buried in that real estate owned. So while I think $10 billion to $12 billion makes sense, it could go a lot higher. Ms. Gordon. I am not the economist as some other people may be, so I can't give you a number. But I can say it will depend a lot on the housing market, and it will depend on how well we continue to engage in loss mitigation, which is an area where I think the FHA still has significant room for improvement. And some of the efforts they are making in terms of the distressed asset sales and some of the changes they have made to the REO process, all of those things work together to determine how much money will be lost ultimately. Mr. Westmoreland. There are approximately, I think, six private mortgage insurance companies that write private mortgage insurance. And if I understand it correctly, they are under regulations by their States as to a capital requirement or whatever you want to say, as far as being able to cover their losses. And I would like to ask each one of you, how do you think they would rate the FHA as compared to some of the private mortgage insurance companies in their financial situation? Mr. Pinto. If you took away FHA's government guarantee and its access to the Treasury, FHA would be closed down, I believe, by every State regulator in the country because they have no capital today, period. What is called this $30 billion in the bank, for a private mortgage insurer you would go through the roughly 700,000 delinquent loans, 60 days or more, you would figure out how much money you would expect on just those loans you know about, and that exhausts the $30 billion, plus. And so, they have no money on a regulatory basis under private mortgage insurance or under a GAAP accounting basis. Chairman Hensarling. Regrettably, the time of the gentlemen has expired. Votes are being held open. I would like to recognize the ranking member for a UC request. Ms. Waters. Mr. Chairman, I ask unanimous consent that the following materials from organizations that support the Federal Housing Administration be entered into the record: a statement from the National Association of Home Builders; a publication by the National Association of REALTORS; a statement from the National Council of La Raza; a statement from the Local Initiatives Support Corporation; and a statement from Brian Chappelle, a partner with Potomac Partners, which specializes in mortgage finance. Chairman Hensarling. Without objection, it is so ordered. I would like to thank each of our witnesses for coming to testify today. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. The Chair announces that the next full committee hearing will take place Wednesday, February 13th, at 10 a.m., with FHA Commissioner Carol Galante. Without objection, this hearing is now adjourned. 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