Mr. Chairman, I yield myself such time as I may consume. I rise in strong opposition to H.R. 3564, the MAGA housing scam act, which follows the blueprint of the GOP tax scam by helping the wealthy at…
Mr. Chairman, I yield myself such time as I may consume.
I rise in strong opposition to H.R. 3564, the MAGA housing scam act, which follows the blueprint of the GOP tax scam by helping the wealthy at the expense of the middle class.
Homeownership is a quintessential part of the American Dream, and it is the single most important way that households today can build wealth. That is why expanding access to homeownership is one of the best ways that we can grow the middle class.
Unfortunately, the dream of homeownership is becoming further out of reach for a growing number of households due to a worsening storm of rising interest rates and home prices, fueled by an undersupply of new housing.
In fact, house prices have skyrocketed by 40 percent since 2020, and first-time homeownership rates have plummeted to an all-time low.
Moreover, housing costs are a primary driver of inflation, which is hurting every household in America. It is against this backdrop that Republicans are actually working to make homeownership more expensive for everyone, especially the middle class.
The MAGA housing scam act would affect two different types of fees that apply to mortgages backed by Fannie Mae and Freddie Mac, which make up the vast majority of mortgages today.
First, this bill would extend a guarantee fee of 10 basis points for another year, costing all future home buyers an additional $5 billion.
Second, this bill would reverse recent changes to loan level price adjustments, better known as LLPAs, which are another type of fee on mortgages backed by Fannie and Freddie. The amount of this fee is risk- based, meaning that it varies depending on characteristics of the borrower and loan, such as income and downpayment; whether the loan has a fixed or a variable rate of interest; and whether the loan is a cash- out refinance.
FHFA, which is the agency that regulates Fannie and Freddie, is responsible for determining the amount of the LLPAs and recently made changes to this fee to help middle-class borrowers.
To illustrate, a middle-class borrower, say, with excellent credit, who makes maybe a 5 percent downpayment on a median-priced home would have their LLPA reduced by nearly half under FHFA's changes.
This bill would reverse the recent changes made by FHFA, resulting in higher fees for middle-class borrowers. Again, the LLPAs, are only one of two fees affected by this bill. Altogether, this bill would hit middle-class borrowers with a double whammy of both an extension of a 10-basis point guarantee fee, and an increase in the LLPAs.
During the debate in the Rules Committee on this bill, I pointed out how this bill hurts middle-class borrowers who have worked hard to build excellent credit but can't afford a 20 percent downpayment.
Republicans doubled down, insisting that those with lower downpayments are riskier borrowers and deserve to pay more. What they failed to understand is that middle-class borrowers who can't afford a 20 percent downpayment are already required to purchase private mortgage insurance, which can add hundreds of dollars to a borrower's monthly mortgage cost. Private mortgage insurance protects Fannie and Freddie from the risks associated with the lower downpayment.
Charging a higher LLPA for risks that are already covered by an insurance policy is simply unfair.
During the Rules Committee debate, Republicans called FHFA's changes redistributive. Let's be clear: FHFA made changes to ensure that middle-class home buyers are not unfairly charged more for risks that are already covered by private mortgage insurance.
This is hardly redistribution. It is ensuring that middle-class borrowers have a fair shot at homeownership. Mr. Davidson's bill, on the other hand, would absolutely redistribute costs from the middle class to the wealthy.
Let me break this down for the Record.
The nonpartisan Congressional Budget Office determined that this bill would cost $1.8 billion before the addition of the manager's amendment. That represents $1.8 billion in fees that otherwise would have primarily affected the wealthiest home buyers who could barely notice such a nominal fee increase.
In order to pay for this cost, Republicans added a 10-basis point guarantee fee that would increase costs for all home buyers to the tune of $5 billion.
Mr. Chairman, for all these reasons and more, I urge my colleagues to oppose H.R. 3564, and I reserve the balance of my time.
Mr. Chairman, I yield 3 minutes to the gentleman from Missouri (Mr. Cleaver).
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, before I delve into additional remarks, the Congressional Budget Office deemed this bill to cost $1.8 billion. Why then would Mr. Davidson, with his amendments, create more money than even the Congressional Budget Office said his bill would cost?
He has raised it $5 billion more. Who pays for that? I don't care how you put it. Whether it is paid for tomorrow, next month, next year, 10 years from now, who pays for that? The home buyers pay for that and that must be noted.
The bill is increased by $5 billion by Mr. Davidson, even more than the Congressional Budget Office said the bill would cost at $1.8 billion. Why would he do that? Why would he charge home buyers more money than even the Congressional Budget Office said the bill would cost?
Accordingly, I will explain further. Currently, middle-class borrowers who cannot make a 20 percent downpayment are charged higher LLPAs and must purchase private mortgage insurance.
I am going to say it again. If you are paying less than 20 percent, you have to get private mortgage insurance to
cover the risks that may be posed to the enterprises.
This is an unfair double charge on middle-class borrowers for the same risks. Don't forget, they have paid their g-fees. Everybody has to pay the g-fees to help write the undercosts of the operation of FHFA. They pay those, and it is determined on each individual loan. It depends on the characteristics of that loan.
You build in the question of risk in those fees and then you pay private mortgage insurance, which means the middle-class borrowers are paying more than the wealthy borrowers.
In fact, borrowers with PMI also have excellent credit, with median FICO scores of 754 as of December 2020, and are more likely to be first-time home buyers. They also pose less loss severity to the enterprises than borrowers who have the means to make a downpayment of 20 percent or more.
FHFA's mortgage pricing changes that reduce this unfair double charge on borrowers with PMI is a critical step to making the dream of homeownership attainable for the middle class in America.
I oppose this bill, and I oppose my Republican colleague, who is part of the message going out from FOX News.
I oppose this bill because, first of all, the $5 billion is an increase. The Republicans are forever saying that they are trying to cut budgets. They don't want to increase the amount of taxes. Yet, here he is increasing the amount that he claims he is charging homeowners, when even the Congressional Budget Office says it costs $1.8 billion, and now, he is asking for $5 billion. Well, I don't quite understand that, and nobody else should understand that. It is not needed.
Again, they keep talking about credit scores. These middle-class homeowners, who could not afford to pay maybe 20 percent down, have good credit scores, equal credit scores to the wealthy home buyers. I don't get why he keeps talking about these credit scores.
Mr. Chair, I reserve the balance of my time.
Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I will take a minute to say that the representation that middle-class home buyers who may not have 20 percent down also have bad credit is not true. The record should reflect that that is not true. That is made up by someone who would like to throw credit scores into this argument and argue that these middle-class buyers, who can't pay 20 percent down, all have bad credit. They do not. They have good credit, and they are eligible for a loan. The only thing they don't have is 20 percent down, and they get mortgage insurance in order to cover that.
Mr. Chair, I yield 1 minute to the gentleman from Missouri (Mr. Cleaver).
Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, the MAGA housing scam act would reverse critical cost savings for middle-class borrowers as provided by FHFA.
Before FHFA's May 1 changes, a middle-class borrower with a high credit score and a 5 percent downpayment on a medium-priced home would have paid an LLPA fee of $81 in addition to private mortgage insurance. Today, this borrower would pay half of that fee, allowing them to access affordable homeownership.
Similarly, a borrower with the same credit score and a 40 percent downpayment on the same priced home would have paid only $27 before May 1 and today pays just $20. These are cost savings that Republicans not only want to eliminate but now they want to add an additional $5 billion in fees for everyone.
This is a scam, not a protection for the middle class. This is messaging by FOX News.
What is that $5 billion for? Why is it that Mr. Davidson is wanting to raise more money than even the Congressional Budget Office says the bill costs? This is not to be understood.
I know that there is an attempt to try to make the argument that somebody wealthier is paying for those who have less income, less money, less resources. It is not true.
Don't eliminate private mortgage insurance. If you pay less than 20 percent, you pay for private mortgage insurance in addition to the GSE fees. Middle-class borrowers were paying more than even the wealthier borrowers, so it had nothing to do with the credit score because the credit score of that home buyer who only paid less than 20 percent is as good as the credit score of the wealthier buyer. It had nothing to do with that at all.
Again, I don't know why this argument is being made by the other side. It is an attempt, I think, to message in a way that goes directly to constituents who they make angrier because their government is making them do something they should not be making them do.
Don't politicize this. This is about homeownership. This is about the American Dream. This is about making sure that those people who can afford to buy a home are able to do so.
The idea that anybody would say that, if you can't make a 20 percent downpayment but can pay for private mortgage insurance, you must not have good credit scores, that is an absolute untruth. As a matter of fact, you would not be able to get that loan if you had bad credit scores.
I wish the opposition would stop making that argument because it does not fly. That person who is paying, again, private mortgage insurance also has a good credit score. They didn't have the 20 percent down, but they are paying for it with their private mortgage insurance.
Mr. Chair, I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of my time to close.
Mr. Chairman, I oppose H.R. 3564, which harms middle-class home buyers and their ability to access homeownership on fair and affordable terms.
This bill responds to a misinformation campaign, again initiated by a friend of the Republicans, FOX News, and propagated by extreme MAGA Republicans. It protects wealthy home buyers and imposes billions in new fees on all home buyers.
Mr. Chair, I also oppose this bill because it completely ignores our Nation's worsening housing crisis, which is locking millions out of the dream of homeownership. MAGA Republicans are instead focused on a minuscule fee in the home-buying process that does nothing to address our Nation's housing shortage and rising housing costs that are driving inflation.
We have a shortage of 14 million homes nationwide and more than 582,500 people experiencing homelessness on any given night, with homelessness rising faster in rural communities than anywhere else in the country. Meanwhile, U.S. renters are paying more of their income on rent today than ever before. These are the real problems that Republicans should be working to solve, not increasing fees by billions of dollars according to the CBO.
In fact, this bill is opposed by Americans for Financial Reform, Center for Responsible Lending, the National Fair Housing Alliance, the National Housing Law Project, and the National Housing Resource Center. Industry groups such as the Mortgage Bankers Association and the National Association of Realtors are also very concerned about this.
Republicans are forever worried about the fact that we are not making enough cuts. Yet, in the negotiations that just occurred on raising the debt limit, they wanted to cut, cut, cut, cut. They are not only jeopardizing middle-class homeowners, but they are increasing the amount of money--more than even needed--than the Congressional Budget Office has said the bill would cost.
Why $5 billion? I don't get it. I don't understand, but I am through with it.
Mr. Chair, I simply ask for a ``no'' vote on this bill, and I yield back the balance of my time.
Mr. Chair, I claim the time in opposition.
Mr. Chair, I yield myself such time as I may consume.
Well, actually, I don't even want to waste another minute on this pointless and redundant amendment.
Anyone who pays attention to government oversight knows that the GAO already makes all of its reports resulting from legislative mandates publicly available on the GAO's website as soon as they are issued to Congress.
Mr. Chair, I include in the Record two letters: one from Americans for Financial Reform and one from Public Citizen.
Americans for Financial Reform,
May 23, 2023.
Hon. Patrick McHenry,
Chairman, House Committee on Financial Service, Washington,
Mr. Chair, I urge my colleagues on both sides of the aisle to oppose this amendment, and I reserve the balance of my time.
Mr. Chair, I yield myself the balance of my time to close.
Mr. Chair, I include in the Record letters of opposition to H.R. 3564 from the Center for Responsible Lending, the National Housing Resource Center, the National Housing Law Project, and the National Fair Housing Alliance.
[From the Center for Responsible Lending, Sept. 2020]
More Harm and No Good--So-Called ``Middle Class Borrower Protection Act
of 2023'' Leaves Borrowers and Taxpayers Less Financially Secure
The Center for Responsible Lending OPPOSES H.R. 3654, the
so-called ``Middle Class Borrower Protection Act of 2023,''
and urges Members of Congress to do the same. As written, the
bill would: (1) undo the Federal Housing Finance Agency's
recent cost changes for mortgages under the loan-level-
pricing-adjustment framework used by Fannie Mae and Freddie
Mac and (2) subject any future framework changes to the
Administrative Procedure Act. Yet. rather than protecting
America's middle class, these proposals would make it more
expensive for middle-class consumers to become homeowners
using conventional mortgage loans and more difficult for many
consumers to enter America's middle class by obtaining
affordable, conventional mortgage credit. Here is what
policymakers, advocates, and consumers need to know:
(1) H.R. 3654 Undermines Middle Class Borrowers By Undoing
The Pricing Reductions That Were Recently Made For Them. This
bill would eliminate the reductions in loan-level-pricing
adjustments (LLPAs) that the Federal Housing Finance Agency
(FHFA) recently established. Those reductions were targeted
to the lower wealth, credit-worthy borrowers who
disproportionately make up or seek to enter America's middle
class.
(2) H.R. 3654 Makes it Harder for More Americans to Enter
the Middle Class by Raising the Cost of a Conventional Home
Loan for First-Time And Working-Class Borrowers.
Homeownership continues to be the single most important
factor in determining the ability of an American household to
build wealth and enter or maintain middle-class status. Yet,
by eliminating the pricing reductions FHFA recently
implemented for lower-wealth and first-time homebuyers, the
proposed bill reinforces a two-tier housing finance system
where the conventional mortgage market continues to
prioritize wealthier borrowers while first-time, underserved
or rural borrowers with less wealth are dependent upon
government-backed loans from federal agencies. That result is
inconsistent with the statutory purpose and mandate of Fannie
Mae and Freddie Mac. As the FHFA has noted, ``[a]chieving a
liquid, resilient housing finance market throughout the
country requires improved access to responsible mortgage
credit across different market segments of creditworthy
borrowers.
(3) H.R. 3654 Makes All Taxpayers More Vulnerable by
Disrupting Safety And Soundness Regulation of for Fannie Mae
and Freddie Mac. In the aftermath of the Great Recession, the
Financial Crisis Inquiry Commission stated unequivocally that
the primary cause of the crisis was a failure on the part of
the government to regulate the financial industry,
particularly in the secondary mortgage market. Based on its
own experience in that regard, Congress created an
independent FHFA, empowered it to assume conservator
responsibilities for Fannie Mae and Freddie Mac, and ensured
that it would have the ability to act swiftly and
independently from the political process to manage each
government-sponsored enterprise's safety and soundness
considerations. Under H.R. 3654, FHFA would Jose the ability
to act swiftly on pricing considerations tied to safety and
soundness by being subjected to the Administrative Procedure
Act. That result would require the Agency to delay
implementation of pricing changes for an extended period that
often does not match changing dynamics in the financial
markets. As a result, taxpayers would be a greater risk for,
once again, having to bail out the enterprises.
@ Making homeownership more expensive for moderate income
borrowers and less accessible for first-time, workingclass,
rural and other underserved borrowers is not protecting
America's middle class. Likewise, depriving the enterprises'
conservator of the tools needed to swiftly respond to safety
and soundness considerations raised by pricing and, in the
process, increasing the likelihood of another taxpayer funded
bail out is not protecting American taxpayers. For each of
these reasons, H.R. 3654, the ``Middle Class Borrower
Protection Act of 2023,'' is bad public policy and should not
be enacted. CRL urges Members of Congress to vote against the
measure.
Mr. Chair, these organizations all fight hard for homeownership, especially for middle-class Americans. They are absolutely opposed to this bill.
Again, I don't understand why we are spending time on this amendment. It does not accomplish anything at all. It would require GAO to do something it already does.
Mr. Chair, I yield back the balance of my time.
Mr. Chair, I rise in support of Ms. Pettersen's amendment which is simply holding Republicans accountable for their claims about the impacts of the bill.
They claim that this bill will help middle-class home buyers, so I don't see why there should be any objection to this amendment which would make the implementation of the bill contingent on the truth of its claims.
Republicans held hearings on this topic where their own witnesses repeatedly debunked MAGA Republicans' claims that these changes would result in higher credit score borrowers paying higher mortgage fees than lower credit borrowers.
If we agree that the goal of this bill is to help middle-class borrowers, then I think we should be able to agree on this amendment.
Mr. Chair, I urge Members to support this amendment.