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The GSEs' Adverse Market Refinance Fee



August 25, 2020
Fannie Mae and Freddie Mac, two government-sponsored enterprises (GSEs), were chartered by
Congress to provide liquidity for both the single- and multi-family mortgage markets. In the years
following the housing and mortgage market turmoil beginning in 2007, the GSEs experienced financial
difficulty. On September 6, 2008, the Federal Housing Financial Agency (FHFA), the GSE's primary
regulator, took control of them from their stockholders and management in a process known as
conservatorship. FHFA has since implemented various initiatives to improve the GSEs' financial
conditions, and it has recently prioritized their exit from conservatorship. Specifically, the GSEs are now
being allowed to accumulate capital reserves to buffer against mortgage default risks, and FHFA has re-
proposed a rule to establish a capitalization framework that would be in place following their return to
stockholder control.
On August 12, 2020, both Fannie Mae and Freddie Mac announced an adverse market refinance fee of 50
basis points (0.5%) on the cash-out refinance loans purchased by the GSEs as of September 1, 2020. The
fee would also apply to Fannie Mae's limited cash-out refinance and Freddie Mac's no cash-out refinance
products, which cap the amount of home equity borrowers can withdraw, typically to roll some or all of
the closing costs into their mortgages. (For both GSEs, single-close construction-to-permanent refinances
would be exempt from the fee.) If, for example, a lender sold a refinanced mortgage of $300,000 to a
GSE, the lender would be charged a fee of 0.5%, or $1,500.
The additional revenue collected by the GSEs could be used for multiple purposes. In general, the GSEs
guarantee investors in their mortgage-backed securities (MBSs) timely repayment of principal and interest
generated from the underlying mortgages linked to the MBSs. By granting forbearance (i.e., deferred
mortgage payments) to borrowers adversely affected by the Coronavirus Disease 2019 (COVID-19)
pandemic, some mortgages are not generating cash flows even though they technically are not in default.
For this reason, the GSEs may be experiencing challenges to their cash flows by attempting to forward
payments to investors that hold their MBSs while simultaneously providing forbearance to borrowers
affected by COVID-19. The revenue generated by the 0.5% fee could offset these cash flow pressures
facing the GSEs and allow them to continue meeting their payment obligations without experiencing
severe cash flow shortfalls. Given that the GSEs have received funds from Treasury while under
conservatorship, the 0.5% fee might reduce or abate the need for additional support. If fewer forbearances
and defaults than anticipated occur such that cash flow disruptions are averted, the additional revenues
could also be used to accumulate more capital reserves to facilitate the GSEs' exit from conservatorship
sooner rather than later. Predicting how much revenue the fee would generate for the GSEs is difficult
                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                       IN11489

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