Calabria is a Sycophant
In terms of a bountiful and
rich GSE communications opportunities, the past several days were fabulous.
Last week—give or take a
day--provided three major GSE moments.
First there was the
publication of the underwhelming, very disappointing and crudely cut and pasted
GSE Treasury Report, which I hoped
was going to unveil all the Admin demands to free the GSE’s from
Conservatorship, but it didn’t, leaving more questions than answers; followed a
few days later by the Senate Banking Committee appearances—coordinated to
explain the GSE report, by witnesses Treasury Secretary Steve Mnuchin, HUD
Secretary Ben Carson, and the new GSE regulator Mark Calabria, Director of the Federal
Housing Finance Agency (FHFA).
BUT, right smack dab in
the middle—manna drops from Heaven, possibly
surprising to everyone, except for the Admin officials who likely got tipped by
insiders to the timing and content of the report—the Fifth Circuit Court issued
a decision which favored two key points for the plaintiffs (GSE investors) in
the Collins case.
The Fifth found that
FHFA’s structure--set out in the 2008
Housing and Economic Recovery Act (HERA)--was not constitutional and the
agency overstepped its authority instituting the 2012 net worth sweep.
Both matters were remanded
to the lower court for reconsideration.
(The 2012 aggrandizement
of all future Fannie and Freddie revenues, the NWS or Net Worth Sweep, which to
date has produced $310 Billion going to the Treasury, not preserved for
protective capital or dividends for shareholders was called into question by
the Fifth.)
But, unless someone
knows what and when the internally competing Administration interests will do
in response to the decision, the logical questions everyone has-- not just
investors--have no Treasury/FHFA provided answers, yet.
But, like it or not,
this all appears to be a 2020 issue, unless another shoe drops or Treasury
seeks a settlement, since other litigants may rise to challenge the government in related matters.
This is a good reason for us
all to “stop, look, and listen,” as they used to advise us public
school students in the 1950’s (and that was before they showed us how to “duck
and cover under our desks,” in case incoming Soviet nuclear bombs were soon to
drop).
A Brief Blog Look Back
In my previous blog, I chose
BIGLY to call in question the Treasury’s choppy, written-by-a- committee report
on its still very vague plans (lots of intent but no action or schedule
discussed) to free Fannie and Freddie from their 11 years in servitude,
otherwise called “Conservatorship” and
what I believed was Calabria’s feckless role as the GSEs safety and soundness
regulator but simultaneously a would-be executioner.
Before I get into what PO’d
me the most about Mark Calabria’s Senate hearing performance, I must note I
don’t believe the Trump execs working on the ”end Conservatorship” task have their collective hearts in the
exercise, because that action alone, i.e. freeing Fannie and Freddie from
Conservatorship, violates what many GSE-critics
have been saying/seeking for years—and it’s their guys (with a little help from
the court(s)—whose DNA will be all over the “free them” rules/requirements.
Last year, Steve Mnuchin
brought into his Treasury shop Wall Street’s Craig Phillips largely to draw up
Treasury’s plan ending Conservatorship.
Phillips completed his
work months ago, then he was pushed out of Treasury. I don’t know why or by who
but Kudlow and Calabria, or his Hill buddies, are my prime villains.
Early on, I
relished/enjoyed going after Mark Calabria for what I considered his two-face
treatment of the GSEs, while delivering his spiel about ending Conservatorship
and returning them to full private ownership.
My response was “haff
kaff, harumpph!.”
(For you kids or seniors
who don’t remember--kudos to the character Major Amos B. Hoople of
“Our Boarding House,” daily and
Sunday comics fame. “HKH” was his go to phrase when he was spinning to other
renters or blusteringly trying to fake his way through matters he really didn’t
understand.)
Calabria's Errors and lack of honesty
A few things also angered me about Calabria’s many public appearances.
He took over his job as
if he was coming into a mortgage penal colony, carrying a whip and a gun and
somehow believing he had to cage these snarling systemic mortgage beasts. He
showed no respect for his job or the institutions.
Naturally, engaging in “Bureaucracy 101,” he first asked Congress
for more resources, staff, and authority.
Conveniently, Calabria
also ignored GSE abuse at the hands of previous GOP and Democrat Treasury Departments, Congress, the media, and other
ideological foes, as well as his own agency personnel.
Since donning his FHFA
hat, I never once saw him once given the GSEs credit or kudos for what they’ve achieved
over the past 11 years during the harrows of Conservatorship; no good words about
the companies or their workforces and what they have produced, like—when times
were tough--hoisting the national mortgage system on their shoulders and
carrying it, ensuring a constant flow of mortgage liquidity throughout the
nation to qualifying families.
Two weeks ago, he did
limit some pay to senior GSE execs.
He showed no understanding
or appreciation of them generating over $305 Billion in earnings, with all of
it going to Treasury via his agency’s 2012 sweep, when it aggrandized all future GSE
income.
The Fifth Circuit said
the FHFA--now, his agency--violated the law with that action.
He could NOT see or
praise, after their hands were virtually tied in 2008’s Conservatorship, when it was alleged both had “failed business models” and were swirling down
the industry’s commode.
Paulson’s Treasury officials, followed
by Obama Democrats did the same, building the myth the GSEs were hopeless/helpless.
But together
Fannie and Freddie fooled them all and turned around their financial
performances.
That action was aided
when those same time-limited regulatory accounting tricks began reversing
themselves.
The GSEs suddenly
started to make massive returns from new business, along with the self-reversing
phony bookkeeping ploys adding to GSE revenue.
Fannie’s and Freddie’s
business books, lost their red tinge and turned black under girding the GSEs dramatic financial return, where they’ve been for the past several
years.
But Nada recognition
from Calabria.
He has spent a lot of time
vilifying the GSE and announcing what he
hopes to do to them and take away from them, that he forgot—a rookie
regulator error—that you can’t talk about taking away valuable pieces of the
GSEs and otherwise limiting them under your rule and then try to sell the investing public into putting their money into marginal
or partially wrecked mortgage vehicles. And, Mr. Director, if you don’t quickly settle with GSE shareholders, what investors will want to put their money into any other scheme Calabria supports to replace the GSEs, if the record isn't cleared of recent past Treasury/FHFA
financial theft.
Mark, choose a Mulligan, try a do-over.
Cheer and cherish
Fannie and Freddie and hope the billions of dollars you hope they’ll attract
whenever you free them—becomes the much needed capital you keep lamenting they
don’t have. Remember, it’s the same investing public hearing your bleating
complaints and shortcomings who must provide that needed investment capital/protection.
Do you want to project
that Fannie and Freddie are gilt-edged or wobbly needing your
fine hands/mind????
Try and connect your
behaviors, man, and see how one undercuts the other?
Keep your personal
ideological GSE dislike and lack of respect hidden in your closet
With your deeds and words, do all you can to make the world want
to own the GSEs, which then makes your’s and the Admin’s job much easier.
That includes stopping trying to weigh them down
with unneeded capital (less GSE revenue means less for new investors); selling
Treasury’s 79% piece of the two indicating your support for their future as
privately owned institutions and adding that deficit-reducing Amount to
Treasury coffers; belay the lower their loan limits and stopping them from
issuing certain single and multifamily mortgage products, again big downer to
those folks you want to invest hundreds of billions.
Back to your wimpy
performance before Senate Banking. For my readers to see for themselves, below
is a verbatim transcript with Calabria and Senator John Kennedy (R-La.), a clearly
GSE-misinformed solon, ranting and making up scenarios which easily you could
have corrected and educated him, but in doing so, you would have had to
straighten him out and also laud some Democrats who helped drive super beneficial
systemic risk-reducing mortgage market
changes before Donald Trump was elected.
Instead of telling
Kennedy how well the GSEs did on the GSE stress test which your own agency
conducted and published the germane results just a few weeks ago, how consistently
each of them for the past 10 years have produced extremely low losses, have
benefitted from the CFPB and QM mortgage market changes (before 2016) which
prohibit PLS mortgage loans (with incomplete docs or no incomes) coming into the GSE market (but still persisting
among private banks), you fawningly and uncourageously punted and
agreed with Kennedy suggesting the GSE mortgage market is not well.
Instead of disagreeing
with Kennedy and, gently, saying he wasn’t describing today’s GSE mortgage
market but one more than 11 years old, you nodded in agreement with him and
never said a word about his mortgage market ignorance.
I'll let readers go through
your exchange and decide how honest you were with Kennedy about the GSEs and about the oft-told GSE lies which you didn't try to correct.
Senate GSE Hearing
(9-10-2019), total exchange between Mark Calabria and Sen John Kennedy (R-La.)
KENNEDY: Thank you, Mr. Chairman. Mr.
Director, as an American do you believe that I have a right to own a home even
if I can't afford it?
CALABRIA: I -- I think you have a right to own property, yes. Own a home,
no. Whether you can afford it is -- opens up to whether you can actually buy
that home. I mean it's -- it's the same in terms of view of the right to -- you
have the right to drive a Mercedes. Whether you can afford or not's a separate
question. So I'm not sure where you're going with the question, Senator. Be
helpful for me to parse that out.
KENNEDY: I just want to -- want to understand your philosophy. Do you --
do you -- do you think that as an American, if I can't afford a home I have a
fundamental right to have other Americans subsidize me?
CALABRIA: Thank you for the clarification. The short answer would be no.
KENNEDY: OK. Yet, I think everybody on this -- this committee -- I think
everybody on this panel believes we ought to do everything possible to make
homes and mortgages affordable.
CALABRIA: Absolutely.
KENNEDY: OK. We can agree on that, right?
CALABRIA: Absolutely. 100 percent.
KENNEDY: Why would a lender make a loan without verifying income.
CALABRIA: Agreed.
KENNEDY: Why would they?
CALABRIA: I think the only reason that lender would reduce due diligence
like verifying income is because they can pass that risk along to someone else
--
KENNEDY: Yes.
CALABRIA: -- like the taxpayer.
KENNEDY: Yes. (Inaudible) because they can -- they can sell it (ph) to
you guys.
CALABRIA: Absolutely.
KENNEDY: I mean, isn't that the fundamental problem here? How we got in
trouble, was underwriting standards?
CALABRIA: Absolutely. We are the ones holding the bag at the end of the
day, after everybody else in the process has made money and walked away, it is
the taxpayer holding the bag.
KENNEDY: Well what have you done to fix that?
CALABRIA: Well Senator, we've begun -- I guess tomorrow will mark 5
months on the job. We've already started doing a bunch of due diligence
internally, try to make sure that we have the regulatory (inaudible) –
KENNEDY: That wasn't a fair question. What did -- what did your
predecessor do to fix that over 11 years?
CALABRIA: I -- Senator, I think that to me, I'm looking at what needs to
be done going forward. I -- obviously I would have preferred to inherited a
different situation than I did but --
KENNEDY: Excuse me for interrupting, but you know, we're limited on time,
Mr. Director. Have underwriting standards gotten any -- any more realistic?
CALABRIA: They've gotten worse, not better. Certainly at the GSEs. We saw
massive expansion the last two years, at least, where a whole lot of high --
high income -- high DTI loans were done that weren't previously being done. So
underwriting standards have eroded.
KENNEDY: Yes, that's what I thought.
CALABRIA:
And it concerns me greatly.
KENNEDY: Well, this is just one -- one point of view. This whole thing is
a car wreck. It's a dumpster fire. We spent $190 billion of taxpayer money and
we're in worse shape.
CALABRIA: Agreed.
KENNEDY: Now, here's what I think we ought to do. I'm not in love with
every aspect of your plan, but I'd encourage you to get somebody to put it in
the form of a bill if you haven't already, get it introduced and let's mark it
up in this committee, Mr. Chairman and Mr. Ranking Member. Let's -- let's put
it in front of the committee and let senators be senators, and let's try to put
out the dumpster fire. What do we have to lose? I mean, how long have we been
talking about that? Doing nothing is hard. You know why? You never know when
you're finished.
CALABRIA: Senator, I couldn't agree more.
KENNEDY: Now, if that doesn't work -- and I'm not going to mislead you.
It's going to kind of be like slamming -- trying to slam a revolving door, pass
a bill through the Senate. I would encourage you, Mr. Director, to saddle up
and go. Tell me what you can do with your administrative authority to put out
this dumpster fire.
CALABRIA: Well, the first thing we're hoping --
KENNEDY: And by that I mean encouraging people to make loans to people
who clearly can't afford to pay them back.
CALABRIA: Senator, we will be de-risking the GSEs, particularly in the --
KENNEDY: What does that mean?
CALABRIA: That means that on one hand, if your leveraged 1,000 to one you
can't make loans that are almost guaranteed to go bad, so we have to be able to
improve the quality of the lending of the GSEs in a way that is sustainable,
that doesn't end up -- I 100 percent agree. If we do nothing, this is going to
end very badly and --
KENNEDY: Well of course it is. We're going to have a recession at some
point.
CALABRIA: Absolutely.
KENNEDY: What was the leverage ratio, Mr. Chairman? $0.19 for every $100?
CRAPO: That's what I understand.
CALABRIA: 1,000 to one at Fannie Mae.
KENNEDY: Now let me say it again -- I got one second left. Let's put this
bill in front of this committee, Mr. Chairman and Mr. Ranking Member, and let's
see what we can do. I listened to Sherrod's (ph) comments. He made some good
points. I don't agree with all of them, but I think we ought to flesh it out.
But if we're not, let's just admit that Congress is just going to sit on it's
ice cold lazy butt, do nothing and you need to get started trying to fix this
car wreck, Mr. Director. Thank you, Mr. Chairman.
Why Senators seldom
get smarter?
Because they are lied
to, often by Administration witnesses (from both parties), and enjoy their smug
ignorance.
Do you think anyone,
on the Committee staff or his personal staff, will tell Sen. Kennedy how in the
dark he is, or ask him how two companies can build capital when a series of
Treasury officials have taken $310 Billion away from them at least $120 Billion
now could be protective capital?
So much for ideological
car wrecks and dumpster fires!!
Maloni-9-17-2019