The decision by the Biden administration’s top housing regulator to approve a pilot program expanding the government’s footprint in the market Friday evening is a “political stunt” to boost consumer spending before the election, Republicans said. “It is telling that the FHFA decided to conditionally approve the pilot program late on a Friday,” said Sen. Bill Hagerty, who led a GOP comment letter against the initiative in May after it was proposed. The pilot “remains seriously flawed and is clearly being expedited for political purposes ahead of Biden’s November election contest,” he said. “This isn’t thoughtful housing policy, it’s just another ploy to goose consumer spending ahead of the election,” Hagerty added. The Federal Housing Finance Agency gave the green light to the program allowing Freddie Mac to purchase second mortgages, in a bid to give homeowners a less costly way to tap the equity in their homes after the recent surge in prices. Critics say it will encourage “equity-stripping” and add to consumer debt levels right just as the economy slows. In response to a flood of concerns over the original proposal, the regulator limited Freddie to $2.5 billion in purchases of second mortgages, with the length of the mortgage limited to 18 months and the loans capped at just above $78,000. Only homeowners who have owned their home for at least two years would qualify, and they could only tap the equity in their primary residences. But Republicans are unmoved by the new conditions: “This administration ignored bipartisan concerns, including mine,” Senate Banking Committee ranking member Sen. Tim Scott said in an email. “Here’s the reality: Encouraging homeowners to strip equity out of their homes is a political stunt that puts taxpayers on the hook and the safety and soundness of the U.S. housing market at risk.” Rep. French Hill — who is running to be the top Republican on the House Financial Services Committee — agreed: “This pilot is just a presidential campaign-year stunt aimed at helping rich people take out home equity,” Hill said in an email. “FHFA should be focused on safety and soundness and building capital” at Freddie and sister company Fannie Mae, the giant, government-run companies that stand behind half the country’s residential mortgages. Ultimately the fate of the program rests on the presidential election. Because the pilot is a product rather than a rule, it will not be subject to reversal under the Congressional Review Act, meaning it would take a new administration to repeal it. “A Trump victory likely results in the program expiring in 18 months while a Biden win likely means it will be made permanent and extended to both GSEs,” TD Cowen analyst Jaret Seiberg wrote in a client note. Structured Finance Association CEO Michael Bright worries that the new limits could eventually disappear. “Obviously, the concern is that pilot programs don’t stay pilots — they start up as a pilot and then grow exponentially beyond that,” Bright said. “If they launched it without limits, it could kill the private market.” FHFA spokeswoman Lydia Holt said, “pilots are a vital tool to test, learn, and in some cases, be scaled towards permanent policy.” “No additional actions outside the scope of the pilot would occur until FHFA has analyzed the data from the current pilot, determined if the objectives have been met, and submitted a new product for an official public notice and comment process,” Holt added. “If Fannie Mae makes a similar request, it will be evaluated according to the terms of the New Enterprise Products and Activities regulation.” The Housing Policy Council, an industry trade organization, believes the program is not in the public interest, according to HPC President and former acting FHFA Director Ed DeMarco. DeMarco said the second-lien program, and a separate pilot by Fannie Mae to bypass title insurance on certain loans, suggest the GSEs are reverting to what he said were risky past practices. Fannie and Freddie were aggressive market actors before the government seized them in September 2008 to stave off catastrophic losses during the global financial crisis. FHFA has been their conservator ever since, as repeated efforts to reform the companies have foundered on debates over their proper role. “In some ways, it feels like it's starting to look like it did pre-conservatorship, which is the reason this whole new product rule is in the statute — because of a lot of public concern about how Fannie and Freddie pre-conservatorship were using the benefits of their special subsidized GSE charter to get into areas that were outside of the core mission and purpose of the GSEs,” DeMarco said. IT’S TUESDAY — Drop me a line at kodonnell@politico.com. And as always, send tips and suggestions to ssutton@politico.com or on Signal at 925.216.7576.
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