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For Release ON DELIVERY




Statement of
SHERMAN J. MAISEL
Member
Board of Governors
of the
Federal Reserve System

before the

Subcommittee on Housing and Urban Affairs
Committee on Banking and Currency
United States Senate

March 2, 1970

Mr. Chairman:
I welcome your invitation to present the views of the Board
of Governors of the Federal Reserve System on three bills pending before
this Subcommittee on Housing and Urban Affairs.
At the outset, let me say that improvements in the primary and
secondary mortgage market, above and beyond the numerous steps already
taken, are clearly needed.

We need to make residential mortgages more

competitive so that they can attract a larger share of the total pool
of available money and credit.

At the same time, a more efficient mortgage

market would help to promote a more efficient allocation of resources in
general.
S. 2958
S.

2958 would permit the Federal National Mortgage Association

to buy, sell, and hold conventional residential mortgages in addition to
its present authority to handle government-underwritten loans.

Some

difficult policy and technical questions would be posed if FNMA's ability
to deal in mortgages were broadened to include authority to purchase,
service, sell, lend on the security of, or otherwise deal in conventional
residential loans, as S. 2958 would permit.

To date, FNMA's activities

have been confined to residential mortgages that adhere to public policies
and safeguards as expressed in the underwriting of loans by the Federal
Housing Administration, the Veterans Administration, and the Farmers
Home Administration.




Conventional mortgages, on the other hand, are not

-2-

standardized as to quality of construction, borrower characteristics,
loan terms, and origination practices generally.
Both FNMA's costs and risks would be increased if FNMA were
authorized to deal in conventional mortgages which lack the protective
features of government-underwritten loans.

Conventional mortgages, by

definition, lack any assurance available from a Federal agency, backed
by the U.S. Treasury, against loss of principal and interest.

Hence,

additions of conventional mortgages to FNMA's assets would broaden FNMA's
exposure to potential losses considerably beyond present minimal limits.
FNMA might well have to expand its capital base in order to shore up
the volume of its resources available to meet its liabilities.
To allow FNMA to deal in conventional mortgages would also
raise questions about the liquidity of the portfolio that FNMA might come
to hold, and therefore about FNMA's ability to finance itself by issuing
debt in the private’market.

To the extent that FNMA debt became a less

attractive instrument, FNMA's ability to raise funds and to sustain
Federal housing credit programs would be impaired.
Only a part of FNMA's increased risk exposure could be offset
by the provisions of S. 2958 that would limit FNMA's conventional loan
acquisitions to mortgages bearing loan-to-value ratios no higher than 80
per cent or those for which, to quote the language of the bill, ". . . that
portion of the unpaid principal balance which is in excess of such 80 per
centum is guaranteed or insured by an institution, and under a contract,
determined by the corporation [FNMA] to be generally acceptable to other
institutional mortgage investors."




-3-

The problem of much secondary mortgage lending is that of
"adverse selection" against the secondary lender.

Given the imprecise

art of real estate appraisal and the declines that could occur from time
to time in prices of individual houses or even of groups of dwellings,
a margin of one-fifth between the price of the collateral and the amount
of the loan would provide no assurance of investment liquidity or of
capital safety comparable to that inherent in federally underwritten
mortgages.
Even conventional loans bearing private insurance can offer no
certain guarantee to the lender of liquidity or against loss in case of
default and foreclosure.

Most contracts of private insurance reserve to

the insurer the option of meeting his limited liability by paying either
a stated percentage (often 20 per cent) of the outstanding debt or 80 per
cent of the total loss ultimately experienced after the lender has
disposed of the property, whichever amount is the lesser.

In this

connection, nearly two out of every three claims settled by one large
private mortgage insurance company during a recent period were based on
the 20 per cent option.

That is, they represented claims involving net

losses in excess of one-fifth.
Other serious questions arise as to whether entry by the
housing agencies into the conventional mortgage markets might not occur
largely at the cost of lessened support available for the Federal housing
credit programs.




These programs are charged with a special public

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interest in part because they have helped facilitate mortgage borrowing
by low- and middle-income groups under regulations that provide various
forms of protection to the home buyer.
FNMA's capacity to support the residential mortgage market
ultimately rests on its ability to finance its mortgage acquisitions by
borrowing in the market for Federal agency issues.

Use of government

agencies to raise funds in the market can channel some money to housing
away from other users.
however, limited.

The total credit available in the economy is,

Thus, attempts to overload the tasks of the agency

markets will increase the rates the agencies must pay.

Each additional

sum raised will increase the cost mortgage borrowers pay.

At the same

time, a larger and larger share of the money flowing through the agencies
will be attracted from lenders who would otherwise, directly or in­
directly, have put their funds into mortgages.
Related td this issue of which portions of the mortgage market
should have priority for FNMA support is the question of the efficiency
with which aid can be allocated.

The various Federal housing credit

programs are specifically designed to assist low- and moderate-income
consumers.

On the average, these households require less financing

assistance than do borrowers who rely on conventional mortgages which
typically finance more expensive homes.

To the degree that FNMA purchased

conventional mortgages rather than federally underwritten loans, any given
amount of FNMA's funds would support fewer dwellings than would otherwise
be the case.




-5-

All these considerations aside, it may be argued that enactment
of S. 2958 would eventually hasten efforts to standardize the conventional
residential mortgage--a desirable step in itself.

Conventional mortgages

do now lack the degree of homogeneity required for active trading in the
secondary market.

But many measures can and should be taken to standardize

the conventional mortgage independently of granting FNMA authority to deal
in this type of instrument.

Drafting a uniform mortgage code for adoption

by the States, for example, need not--and should not--await the creation
of a Federal secondary market facility for conventional mortgages.

Nor

should we delay efforts to bring greater uniformity in the laws governing
mortgage investment standards, as noted below.
S. 3503
S. 3503 would authorize advances by the Federal Home Loan Banks
to lenders who will use the proceeds to make mortgage loans for families
with incomes of $10,000 or less.

The Federal Home Loan Banks would obtain

funds for this purpose by borrowing from the Federal Reserve System, which
would be required to discount the FHLB obligations at a maximum interest
rate of 6 per cent.

The sum of such borrowing is unspecified except that

it would be limited to $3 billion the first year plus $3 billion for each
additional year the act is in force.
Thus the bill would authorize a lending program of $3 billion
annually outside the budget.

The Board believes, however, that whatever

subsidies the Congress determines to be necessary and justified in order




-6-

to aid housing should be included in the budget, so that the Congress
may weigh them against other Federal outlays, and then reduce other out­
lays that have a lower priority, or increase revenues to cover their cost.
This is the approach the Administration proposes to use in
increasing flows of funds from the Federal Home Loan Banks to their member
institutions for mortgage loans.

The Administration would authorize

appropriations to cover part of the cost of borrowing by the Federal Home
Loan Banks in the market, so that they may make advances at reduced rates
to their member institutions.

If the rates on advances to members are

not reduced, the members might discontinue mortgage lending in order to
repay the amounts they have borrowed from the Federal Home Loan Banks.
The Board supports this proposal as a more efficient procedure.

Congress

will, of course, have to consider whether subsidies for middle-income
families are needed in addition to, or in place of, this general housing
subsidy.

But the Board believes that whatever subsidies are authorized

should be identified and subjected to the appropriations process.
If, as provided in S. 3503, the Federal Reserve were directed
to increase its holdings of Federal Home Loan Bank obligations by up to
$3 billion a year, credit markets would have to absorb a corresponding
amount of Treasury obligations over and above what would otherwise be
marketed.

In order to keep control of the reserve base, the Federal

Reserve would have to offset its loans on Federal Home Loan Bank obli­
gations with sales of Treasury securities--or forego purchases of Treasury
securities it would otherwise have made.




Sales of $3 billion additional

-7-

Treasury obligations in the capital markets would, of course, attract
funds away from other uses, including credit that would otherwise finance
housing as well as other capital improvements.
Moreover, the Board opposes tapping Federal Reserve credit for
special-purpose lending, no matter how worthy, because it could frustrate
the objectives of monetary policy.

A $3 billion a year program to help

middle-income families buy homes could soon lead to proposals for other
types of special lending.

There are, of course, other purposes— perhaps

equally worthy— for which funds are urgently needed.

Hearings have just

been completed in the House of Representatives on legislation which would
authorize use of Federal Reserve credit to rehabilitate urban and rural
pockets of poverty.

State and local governments generally are having diffi­

culty borrowing for schools and hospitals; they, too, could use 6 per cent
loans from the Federal Reserve.

To compel the Federal Reserve to meet

credit needs of these magnitudes would lead at first to a weakened market
position for Treasury securities— as the System made offsetting sales of
Treasury issues--and ultimately to inflation, as it became impossible in
practice to offset the expansion of Federal Reserve credit in that fashion.
S. 3442
S. 3442 would implement certain recommendations of the Commission
on Mortgage Interest Rates, as set forth in its report of August 1969.

The

Board supports the proposed experimental dual-market system of setting con­
tract interest rates on new FHA and VA mortgages, as authorized by Section 1
of the bill.




The trial period to last until January 1, 1972— during which

-8-

contract interest rates could be established either by regulation, as at
present, or by the market--will offer the opportunity for determining how
far it is appropriate to move toward more flexible rates.

Whatever greater

flexibility can be achieved, of course, will allow standardized FHA and
VA mortgages to compete more readily with conventional mortgages as well
as with other capital market instruments.

And it will broaden the poten­

tial scope of the secondary market for government-underwritten mortgages.
The Board of Governors is also in accord with the principles
of Section 2 of S. 3442, which would explore ways and means of reducing
and, where possible, standardizing charges for attorneys' fees, property
surveys, title insurance, and other settlement costs on FHA and VA mort­
gages.

Appropriate guidelines in this area could help to lessen the costs

of transactions and thereby improve the efficiency with which the real
estate market operates.
The Special Advisory Commission on Housing authorized by
Section 3 of the bill would be required to submit broad recommendations
about the next fiscal year's housing output, Federal costs of meeting
this goal, needed legislative and administrative actions, and ". . . the
fiscal and monetary policies, both long- and short-range, which are
necessary to achieve recommended levels of housing production. . .
In this connection, it should be pointed out that the Commission's
annual report would have to be submitted well before the Administration's
proposed budget has been completed for the next fiscal year; according to




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the bill, the report should be submitted by November 1.

While one purpose

of the Commission's report is to help guide prospective fiscal as well
as monetary actions, fiscal and monetary policies must take account of
the broadest aspects of the economy, with housing being only one--though
an important one--of many competing demands for the nation's resources.
There is the danger, therefore, that the Commission's early recommendations
may not be consistent with, or attainable within, the general framework of
public economic policy as it ultimately evolves.
Incidentally, the limit established by Section 3(d)(2) of the
bill on the rate that the Commission could pay for temporary and inter­
mittent services in seeking guidance about its recommendations appears low.
A $50-a-day ceiling on consultant fees for individuals would hardly seem
likely to strengthen the Commission's hands in obtaining the most qualified
sources of advice.
Sections 4 and 5 of S. 3442 would liberalize certain restrictions
on the mortgage lending powers of Federal savings and loan associations
and national banks, and would permit a Federal savings and loan associ­
ation to act as a trustee for certain trusts.

With respect to mortgages,

there is a pressing need to standardize, as far as possible, the authority
of all types of financial institutions to invest in these assets.
Section 5 of S. 3442 would liberalize the authority of national
banks to make real estate loans.

For conventional mortgage loans, the

loan-to-value limit would be raised from 80 to 90 per cent, and the
maximum maturity from 25 to 30 years; for loans on construction projects,




-10the maximum maturity would be extended from three years to five years.
The Board continues to support this change as a means of stimulating
increased mortgage lending by banks.
The bill does re-emphasize the need for broad and equitable
standards that would be applicable to investment in mortgages by all
federally chartered financial institutions.

Moving toward greater uniform­

ity in mortgage investment standards at the Federal level would then
provide a basis for similar action among the more numerous and heterogeneous
State-chartered lenders.

Such standardization, in turn, would promote

a more effective primary and secondary market for all the different
types of lenders that place funds in the mortgage instrument.
Legislation is needed to improve the working of the mortgage
market.

Similarly the burden of monetary restraint on the mortgage market

should be lightened, and the Board is studying ways and means to accomplish
this without impairing the use of monetary policy in achieving national
economic objectives.

But it should be kept in mind that the problems of

the housing industry are not related solely to credit.

Rising costs of

construction and land have been major impediments.
However efficient the mortgage market becomes, and however
successful the Federal Reserve is in achieving a more uniform impact of
monetary restraint, another step is needed to ensure that sufficient
funds will be available to reach the national housing goals.
enlarge the total pool of credit.

We must

We probably cannot achieve our nation's

housing goals merely by enabling housing to attract a larger share of




• li­
the available pool of capital.

It seems to me that the most feasible

way to expand the pool of housing credit is to reduce the demands that
thé Federal Government is making on the private capital markets.

This

is a major reason that we must examine with caution proposals which
increase rather than diminish the total credit demands of the Government
and its agencies.