The FHFA’s Proposed Single Security Structure by David J. Reiss, Brooklyn Law School - FORECLOSURE FRAUD

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The FHFA’s Proposed Single Security Structure by David J. Reiss, Brooklyn Law School

The FHFA’s Proposed Single Security Structure by David J. Reiss, Brooklyn Law School

The FHFA’s Proposed Single Security Structure

David J. Reiss, Brooklyn Law School

Abstract

The Federal Housing Finance Agency (FHFA) has posted a Request for Input on “the proposed structure for a Single Security that would be issued and guaranteed by Fannie Mae or Freddie Mac.” The FHFA states it is most concerned with achieving “maximum secondary market liquidity” ( Request for Input, at 8 )

I am skeptical about the reasons for this move to a Single Security and whether it will achieve maximum liquidity. Moreover, it is unclear to me that this move reflects an urgent need for the FHFA, the two companies, originating lenders or borrowers. While I have no doubt that it could slightly increase liquidity and slightly decrease the cost of credit, I do not see this move as having a meaningful effect on either.

This move is consistent, however, with a move toward a new model of government-supported housing finance, one that could contemplate an end to Fannie and Freddie as we know them and the beginning of a more utility-like securitizer. If, indeed, the FHFA is taking this step, it should be more explicit as to its reasons for doing so.

 

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