View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

FINANCIAL STABILITY OVERSIGHT BOARD

Page 1

Minutes of the Financial Stability Oversight Board Meeting
June 29, 2010
A meeting of the Financial
Stability Oversight Board (“Board”) was
held at 2:30 p.m. (EDT) on Tuesday,
June 29, 2010, at the offices of the
Department of the Treasury (“Treasury”).

Ms. Ochs, Senior Advisor to the
Counselor to the Secretary and
Assistant Secretary for Financial
Stability, Department of the
Treasury

MEMBERS PRESENT:

Mr. Apgar, Senior Advisor to the
Secretary, Department of Housing
and Urban Development

Mr. Bernanke, Chairperson
Mr. Geithner
Mr. Donovan
Ms. Schapiro
Mr. DeMarco
STAFF PRESENT:
Mr. Treacy, Executive Director
Mr. Fallon, General Counsel
Mr. Gonzalez, Secretary

Mr. Delfin, Special Counsel to the
Chairman, Securities and Exchange
Commission
Mr. Lawler, Chief Economist,
Federal Housing Finance Agency

AGENCY OFFICIALS PRESENT:

Mr. Gallin, Assistant Director,
Division of Research & Statistics,
Board of Governors of the Federal
Reserve System

Mr. Massad, Chief Counsel, Office of
Financial Stability, Department of
the Treasury

Chairperson Bernanke called the
meeting to order at approximately
2:35 p.m. (EDT).

Mr. Miller, Acting Chief Investment
Officer, Office of Financial Stability,
Department of the Treasury

The Board first considered draft
minutes for the meeting of the Board on
May 17, 2010, which had been circulated
in advance of the meeting. Upon a
motion duly made and seconded, the
Members voted to approve the minutes of
the meeting, subject to such technical
revisions as may be received from the
Members.

Ms. Caldwell, Chief of Homeownership
Preservation Office, Office of
Financial Stability, Department of
the Treasury
Mr. Bass, Program Director, Public
Private Investment Partnership,
Office of Financial Stability,
Department of the Treasury
Ms. Celosse, Office of Financial
Stability, Department of the Treasury

Using prepared materials, officials
from the Treasury then provided an
update on the programs established or
proposed to be established by Treasury
under the Troubled Asset Relief Program
(“TARP”). Discussion during the
meeting focused on the Community

FINANCIAL STABILITY OVERSIGHT BOARD
Development Capital Initiative (“CDCI”);
the Term Asset-Backed Securities Loan
Facility (“TALF”); the Automotive
Industry Financing Program (“AIFP”);
the Home Affordable Modification
Program (“HAMP”); and the Housing
Finance Agency Innovation Funds for the
Hardest Hit Housing Markets (“HardestHit Funds”). Also included in the
materials prepared for the meeting were:
updates concerning the other programs
established by Treasury under TARP,
including the recent dividends received
under the Capital Purchase Program
(“CPP”); proceeds received from recent
public auctions held by Treasury to sell
the warrants it had received under the
TARP; aggregate information of
allocated and disbursed amounts under
TARP; information concerning actions
taken by Treasury in response to
recommendations by the Government
Accountability Office (“GAO”) and the
Special Inspector General for the TARP;
the most recent data gathered as part of
Treasury’s monthly HAMP report; and a
new monthly scorecard on the nation’s
housing market. During the meeting,
Members raised and discussed various
matters with respect to the development,
ongoing implementation, and effects of
the policies and programs under TARP.
Treasury officials first provided
Members with an update on Treasury’s
plan to provide lower-cost capital under
TARP to qualified Community
Development Financial Institutions
(“CDFIs”) under the CDCI. During this
discussion, Treasury officials noted that
the application deadline to participate in
the CDCI was April 30, 2010, and initial
investments are expected to be made in
the following months. Members also
discussed the characteristics of
institutions applying under the CDCI and

Page 2
the review process for applications
received.
Treasury officials then discussed
recent developments under the TALF.
The final subscription for newly-issued
CMBS occurred on June 18, 2010.
Treasury officials noted that no TALF
loans were extended in connection with
this subscription, and that the TALF was
closed to all new lending (as the final
subscription for loans supported by
non-CMBS collateral occurred on
March 31, 2010). Of the $70 billion in
TALF loans that were requested or
extended, approximately $43 billion
remains outstanding. Treasury officials
noted that virtually all the repayments
that had been received were borrower
prepayments rather than scheduled
payments of principal. Officials also
noted that no securities had been put to
the TALF LLC, and reviewed recent
private sector activity in the CMBS
market.
Using prepared materials,
Treasury officials then provided the
Members with an update on the CPP.
During this discussion, Treasury officials
discussed the aggregate amount of
quarterly dividend and interest payments
Treasury received in May 2010, and the
number of institutions that have
accumulated, but not paid, dividends to
Treasury under the program, including
the number of institutions that had missed
multiple dividend payments, as well as
Treasury’s approach to selecting directors
to the board of institutions that have
missed six dividends.
Treasury officials then discussed
recent developments under the AIFP. On
June 10, Treasury provided guidance on
its role in a possible initial public offering

FINANCIAL STABILITY OVERSIGHT BOARD

Page 3

of the common stock of General Motors
(“GM”). Treasury owns 60.8 percent of
the common stock of GM, which was
acquired under the TARP in connection
with the restructuring of GM in
mid-2009. As explained in the guidance
issued by Treasury, the initial public
offering is expected to include the sale of
shares by Treasury, other shareholders
who wish to participate, and GM. The
overall size of the offering and relative
amounts of primary and secondary shares
will be determined at a later date. The
exact timing of the offering will be
determined by GM in light of market
conditions and other factors, but is not
expected to occur before the fourth
quarter of this year. Treasury will retain
the right, at all times, to decide whether
and at what level to participate in the
offering, should it occur, and will
determine the fees paid to the
underwriters selected by GM (subject to
review by Treasury).

sales. Officials also noted that the
principal reasons for trials being
cancelled in May 2010 were incomplete
documentation, the borrower’s debt-toincome ratio was below the 31 percent
eligibility threshold, or the borrower
failed to make the trial period payments.
As part of this discussion, officials
reviewed the new monthly scorecard on
the nation’s housing market, which was
released by Treasury and HUD on
June 21, 2010. The scorecard
incorporates key housing market
indicators and highlights the impact of
the Administration’s housing recovery
efforts, including the assistance provided
to homeowners through HAMP and by
the Federal Housing Administration
(“FHA”), and includes newly reported
servicer data on the disposition path of
canceled trials. Mr. DeMarco also
briefed members on the Home Affordable
Refinance Program (“HARP”) offered by
Fannie Mae and Freddie Mac.

Using prepared materials,
Treasury officials then provided the
Members with an update on the HAMP.
As part of this discussion, Treasury
officials reviewed with Members the data
for HAMP through May 31, 2010,
including data showing an increase in the
number of permanent modifications
under the program between April 30 and
May 31, 2010. As of May 31, 2010,
more than 346,000 borrowers had entered
permanent modifications under the
program. Treasury officials noted that
the survey data published by Treasury
now includes the disposition of trial
cancelations, which showed that nearly
half of homeowners unable to enter a
HAMP permanent modification entered
an alternative modification with their
servicer, and fewer than 10 percent of
canceled trials resulted in foreclosure

Treasury officials then provided
the Members with an update on the
Hardest Hit Funds to help address the
housing problems facing those eligible
states that have been particularly hard hit
by house price declines or
unemployment. Officials noted that, on
June 23, Treasury announced the
approval of specialized foreclosure
prevention and mitigation proposals
under the first $1.5 billion Hardest Hit
Fund. The proposals were submitted by
HFAs in California, Florida, Arizona,
Michigan, and Nevada – the five states
eligible under the first Hardest Hit Fund
because they had each experienced a
20 percent or greater decline in average
house prices. The approved proposals
include programs to assist struggling
homeowners with negative equity
through principal reduction; assist the

FINANCIAL STABILITY OVERSIGHT BOARD

Page 4

unemployed or under-employed make
their mortgage payments; facilitate the
settlement of second liens; facilitate short
sales and/or deeds-in-lieu of foreclosure;
and assist in the payment of mortgage
arrearages. As part of this discussion,
Treasury officials also discussed the
information that will be reported
quarterly by the programs under the first
Hardest Hit Fund, and noted that
foreclosure prevention and mitigation
proposals under the second $600 million
Hardest Hit Fund were received from
HFAs in North Carolina, Ohio, Oregon,
Rhode Island, and South Carolina — the
five states eligible for the second
$600 million Hardest Hit Fund. Treasury
expects to approve proposals for the
second Hardest Hit Fund in August 2010.

related to mortgage rates and
delinquencies, Federal Home Loan Bank
advances, mortgage originations, as well
information on housing prices, sales,
starts, and supply. During this
discussion, FHFA officials also presented
data related to the foreclosure prevention
actions taken by the GSEs.

Members and officials then
engaged in a roundtable discussion
regarding the current state of the U.S.
housing and financial markets and the
effect of the programs established under
the TARP in stabilizing the financial
system, promoting the flow of credit to
households and businesses, and
promoting homeownership. As part of
this discussion, staff from the Federal
Reserve briefed Members concerning
recent financial market developments and
officials from the Federal Housing
Finance Agency (“FHFA”) briefed
members on developments in the housing
and housing finance markets. The data
reviewed included corporate stock prices,
credit default swap spreads for bank
holding companies, corporate bond
spreads, debt growth among household
and nonfinancial businesses, growth of
loans at depository institutions, and data
related to credit demand and standards
drawn from the Federal Reserve’s Senior
Loan Officer Opinion Survey consumer
credit. Members also reviewed data

Members and officials then
engaged in a discussion regarding the
Board’s quarterly report to Congress for
the quarter ending June 30, 2010, that
will be issued by the Board pursuant to
section 104(g) of the EESA. Members
and officials discussed, among other
things, the timing and potential contents
of the report.
The meeting was adjourned at
approximately 3:40 p.m. (EDT).
[Signed Electronically]
_______________________________
Jason A. Gonzalez
Secretary