The current financial crisis began with the collapse of Fannie Mae and Freddie Mac in July. The dominant institutions in the American mortgage market, and among the most powerful institutions politically, became wards of the government in a matter of weeks. What was their fatal flaw?

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

ADVERTISEMENT

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

One popular explanation, often advanced by the GSEs themselves, is their “affordable-housing goals.” In 1992, as part of the Federal Housing Enterprises Financial Safety and Soundness Act, Congress required the GSEs to devote some of their mortgage purchases to housing for families in the lower half of the income distribution, and also to families living in areas considered to be “underserved.” Housing for both homeowners and renters is included. Specific percentage targets were set on a transition basis; the U.S. Department of Housing and Urban Development was required to revise the targets periodically, by regulation, which it has done three times (1996, 2001, and 2005).

The law requires HUD to set goals on the basis of the kinds of mortgages the GSEs actually buy — their market — and the importance of lower-income borrowers and underserved areas in that market. Research in the late 1990s showed that the GSEs were already buying the better-quality subprime mortgages (known as “A-minus” loans, as opposed to “B and C”) and also low-documentation loans (“Alt-A”), so the goals in 2001 and 2005 included these loans as part of their market.

The goals are then set as percentages of the loans the GSEs actually buy; during 2001-2004, for example, out of every 100 loans they purchased, 50 were supposed to be for homeowners and renters in the lower half of the income distribution. This may sound high, but in those years other lenders, making loans to the same kinds of borrowers as the GSEs, made more than 57 percent of their loans to lower-income families. Effective in 2005, the goal was raised to 52 percent, with a further increase to 53 percent for 2006.

The affordable-housing goals are a wonderful excuse. They let the GSEs off the hook and shift the blame to the Bush administration, at the same time diverting attention from the refusal of congressional Democrats to allow stronger regulation of Fannie and Freddie after their accounting scandals surfaced in 2003. The goals are even blamed by some conservatives, who see them as credit allocation, and overlook the special privileges conferred on the GSEs by their federal charters which create something close to a federally sponsored duopoly in the mortgage market.