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Now Is the Time to Readdress Conforming Loan Limits

In November, the Federal Housing Finance Agency announced its annual change to the conforming loan limit for loans purchased by Fannie Mae and Freddie Mac (GSEs). For 2022, it was announced that the limit increased by 18% to $647,200, reflecting the average increase of home prices over the last year. 

But the conforming loan limit does not apply to the entire country equally: beginning in 2008, certain “high cost” areas could see loans issued for up to 150% of the baseline which equals $970,800 in 2022. 

As these loan limits approach $1 million, Don Layton, a Senior Fellow at the Joint Center for Housing Studies at Harvard University, says this raises a fundamental policy question: “should the GSEs, which finance mortgages on favorable terms due to significant subsidies from the taxpayer, be doing so to benefit families who are wealthy enough to carry a million-dollar mortgage?” 

To answer this question, Layton breaks down the systems that lead to the conforming rate limits being set by asking five questions to better inform the debate.

1. While $1 million is an eye-catching number, the baseline and high-cost area ceiling calculations simply reflect extremely high house price growth in recent years, which seems to be exactly how the loan limit system should work. Wouldn’t any reduction of the limits thus be a takeaway from the American homeowner? 

“When considering solely the conforming loan limits, this is a valid viewpoint. However, those limits do not exist in isolation, and the totality of factors driving how much the government supports and subsidizes home mortgages has evolved to push up the percentage of new mortgages that are financed by the four government agencies to high levels in recent years,” Layton wrote. “Specifically, the four-agency cumulative market share averaged almost 55% from 2001 to 2003, which is seen as a relatively normal period not distorted by the bubble that was just beginning. More recently, the share has averaged about 70% from 2014 to 2019, when the dislocations of the bubble bursting were mostly in the past, and so this higher percentage seemed to represent a ‘new normal.’” 

“This large market share increase stemmed primarily from the collapse of the private label (i.e. not government supported) securitization market, which became particularly uncompetitive after its weaknesses were revealed in 2007-08, and secondarily by less dedication of bank balance sheets to first mortgages. Interestingly, this market share loss was replaced almost wholly by the FHA and VA, and not the GSEs, in part because the loan limits of the former increased relative to the latter after the bubble burst.” 

“That 70 percent range is an extraordinarily high level and I do not believe was ever contemplated when the 2008 legislation revised the conforming loan limit system. Therefore, it can reasonably be argued that a reduction of the limits is an appropriate and easily-implemented policy lever to force the government agency market share partially or wholly back down to the 50 percent range, leading to less taxpayer subsidies for higher-priced homes.”

2. While a reassessment is an interesting idea, since the loan limits used by the GSEs (as well as the FHA and VA) are embodied in legislation, can it lead to an actual revision without Congress passing new legislation, which is an unlikely outcome at this time?

“This is a widely held view,” Layton wrote. “However, during 2013, when the FHFA was led by Acting Director Edward DeMarco, he obtained an opinion from the FHFA legal staff that the agency, acting as the conservator of the two GSES, could set the loan limits lower than the formula called for in the legislation, but never higher. While this was never acted upon, it makes clear that a reassessment could produce a revision without congressional action. However, given that the FHFA lost its regulatory independence last June via a Supreme Court ruling, this now means that the Biden administration is calling the shots at the GSEs, as it already does at FHA and VA. Therefore, the administration would need to be supportive of such a reduction and it’s not clear that it would be. When it comes to reducing FHA or VA limits, unfortunately, legislation is likely required.”

3. Given the politicization of America’s housing finance system, would any proposed revision of the GSE loan limits survive lobbying by influential economic and ideological interest groups, or would it be a waste of time and effort? 

“I have heard senior FHFA officials over the years express their frustration with the process of getting public feedback on any proposal, as it is typically dominated by the “usual suspects” expressing long-held, predictable views. I would mostly expect that to be true in this case: (i) conservative think tanks would strongly support a reduction in the GSE limits in line with their longstanding view that any reduction in the GSE footprint is a good idea; (ii) the mortgage banking industry (both banks and non-banks) would fight any reduction in the limits as it would lead to less profit for their members, although there may be dissenting views from some bank lenders, and (iii) the private label securitization (PLS) industry would be in favor of a reduction as it would lead to more volume passing through its hands and thus more profits.” 

But Layton goes on to say that the much more liberal opinions of housing advocates and the current administration are quite a bit harder to predict. 

“On one hand, they should be supportive of lower limits so the GSEs would subsidize the upper-middle class less (i.e. reducing 'welfare for the well-off'), which would in turn allow the companies to focus their energy and subsidies more on low- and moderate-income (LMI) borrowers. On the other hand, the GSEs cross-subsidize the pricing of their mortgage purchases as higher-balance loans produce part of a subsidy pool that then is used to reduce the interest rate on mortgages to LMI borrowers; as such, liberal housing advocates might not support a limit reduction because it would shrink that pool of available subsidies.” 

4. What about the FHA? Should its loan limits be reassessed as well?

“FHA loan limits only partially mimic those of the GSEs. Basically, the FHA sets a loan limit for each specific geographical area (mostly counties) at 115% of the local median sale price of homes. There is a floor on how low the limit can be, which is equal to 65% of the GSE baseline loan limit (now $420,680) and a ceiling set at the GSE high-cost area limit (now $970,800). So, the FHA at its core is clearly focused on its target market of LMI borrowers, which is appropriate, and does not appear to need a reassessment.” 

“However, the maximum (for the limited number of geographies that qualify) is still almost $1 million, which seems especially questionable given that the raison d’être of the FHA is to focus on first-time homebuyers and families with more marginal creditworthiness. This calls for a reassessment as to whether such high-balance borrowers deserve the large taxpayer subsidy (which is even larger than that enjoyed by the GSEs) contained within all FHA mortgage financing activities.” 

It should be noted that Alaska, Hawaii, Guam, and the Virgin Islands have higher loan limits as prescribed to them by law. These special limits are set at $1.5 million. These special exemptions should be considered by any overall reassessment of current limits.

5. Similarly, should there be a change in how the VA limits the dollar size of the mortgages it insures?

“The VA operates much like the FHA in how it finances mortgages, except that some features are more generous to veteran-borrowers (e.g. allowing zero downpayment, versus the FHA’s 3.5% minimum) as a way for Congress to deliver fringe benefits for their military service.” 

In 2019, Congress signed the Blue Water Navy Vietnam Veterans Act of 2019 into law which removed the upper-limit on VA backed loans meaning there is now no limit on the amount a veteran can take out toward a home, still with zero downpayment. 

“This is curious and difficult to understand. For the small number of veterans who become wealthy enough to afford such large mortgages (potentially millions of dollars in size), is it really good public policy for the taxpayer to subsidize them without limit, even while respecting their military service? I know a few veterans who are wealthy and I cannot see any of them supporting such a subsidy for themselves. And it would undoubtedly be a scandal if it became publicly known that a very wealthy veteran received, for instance, a taxpayer-subsidized $5 million, zero-downpayment mortgage through the VA. Thus, a reassessment should include putting a dollar limit on the size of VA mortgages, and it could even be a generous one to reflect that it is designed to be a fringe benefit for veterans. 

Layton concluded that due to the upper limit of loans reaching $1 million, this is a prime time to examine and reassess loan limits, but does not see sweeping changes being likely.  

“Instead, I see there being a narrow window for a few modest but well-chosen revisions within the existing framework: (i) for the GSEs, either reduce the limits modestly (e.g. 20%) or institute a cap (at a number under $1 million), while protecting the majority of the cross-subsidies that go to LMI borrowers; (ii) for the FHA, have a similar reduction or cap; (iii) for the GSEs and FHA, reduce some of the special treatment given to Alaska, Hawaii, Guam, and the Virgin Islands; and (iv) for the VA, cap the now-unlimited amount allowed, but at a generous level to reflect that its borrowers are veterans.”

About Author: Kyle G. Horst

Kyle Horst
Kyle G. Horst is a reporter for DS News and MReport. A graduate of the University of Texas at Tyler, he has worked for a number of daily, weekly, and monthly publications in South Dakota and Texas. With more than 10 years of experience in community journalism, he has won a number of state, national, and international awards for his writing and photography. He most recently worked as editor of Community Impact Newspaper covering a number of Dallas-Ft. Worth communities on a hyperlocal level. Contact Kyle G. at [email protected].

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