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Jonathan McKernan & Bill Pulte discuss the future of CFPB and FHFA
Sunday, Mar 2, 2025 - David M. Dworkin
Republicans have nearly unanimously
confirmed all of President Trump’s nominees to date.
While it is unclear how many Democrats will be willing
to vote for any Trump nominee
given the daily reports on the DOGE wrecking
ball, it is certainly in their – and our – interest to see McKernan
and Pulte confirmed as quickly as possible.
In April 2021, then House Financial Services Committee
Patrick McHenry (R-N.C.) & Member of the Subcommittee on
Housing, Community Development, & Insurance Steve Stivers
(R-Ohio) requested a Government Accountability Office (GAO)
audit of the HTF, citing concerns that it was not meeting its objectives.
They noted that despite receiving over $1.19 BILLION
since 2016, more than two-thirds of the funds remained undisbursed,
(DOGE needs to FULLY EXPOSE this and CORRECT IT )
and the program had only completed 800 units of housing, equating
to about $1.5 MILLION per unit. McHenry
( BILL PULTE will SLASH the COST & SPEED UP the
use of Manufactured Housing )
and Stivers expressed concern that “even when the cost per unit is
calculated in the light most favorable to HUD, the HTF still appears to
compare poorly to the private sector housing production in terms of
cost per unit. In addition to federal funds, the HTF can be used, in some
cases, to leverage additional funding from various sources such as state
and local real estate taxes and fees. When those leveraged funds are
included in the production calculation, the total dollars for completed
HTF units was approximately $882 million—still more than $1 million
per completed unit of housing.”
A later analysis by the Congressional Budget Office
reported that by October 2022, projects funded with $317 million in
HTF grants had produced 2,989 completed rental units,
with an average HTF cost per unit of approximately $106,000.
For newly constructed units, the average cost was about
$122,000, and for rehabilitations, it was about $84,000.
The future of the Consumer Financial Protection Bureau and the Federal Housing Finance Agency
was the focal point of the U.S. Senate Banking, Housing and Urban Affairs Committee’s hearing
on President Trump’s candidates to run the two agencies, which are both vital to the safety, soundness,
and stability of the housing finance markets. This is true for lenders and consumers alike. CFPB
protects consumers from the bad actors in the financial sector, and it protects good lenders from
having to compete for market share with those same bad actors. When operated well, it plays an
essential role in the U.S. financial system. When it is turned into a political tool, it undercuts its
own authority and its mission. FHFA is essential to the availability of, as Senator Bill Hagerty
(R-Tenn.) succinctly put it, “reliable sources of liquidity and funding for housing, finance and
community investment.” When available to all Americans, that liquidity and funding strengthens
our nation and preserves the American Dream.
If Jonathan McKernan, President Trump’s choice to lead the Bureau, is quickly confirmed
and allowed to be his own person, I expect we will see a major realignment within the
parameters intended by Congress. Not everyone will be happy, but the Bureau should
continue to function as it was intended. But given actions and statements by the Director
of the Office of Management and Budget (OMB) Russell Vought and White House
“Special Government Employee” Elon Musk, it’s unclear how much of the Bureau will
be left once McKernan is confirmed, or how much OMB will interfere with his leadership.
I believe McKernan will bring CFPB back to its appropriate role, if he is permitted to
follow the law.
At FHFA, President Trump’s pick to lead the agency, Bill Pulte, is a passionate advocate
of affordable housing with a track record that includes working in one of the toughest
neighborhoods in Detroit. He has an open mind and, as evidenced at the hearing last
Thursday, has developed some solid relationships on both sides of the committee.
FHFA plays a crucial role regulating the activities of Fannie Mae and Freddie Mac
(the Enterprises) and the Federal Home Loan Banks. Pulte asserted that his
“mission will be to strengthen and safeguard the housing finance system, safe and
sound housing markets are the foundation of American homeownership.” He also
noted “any exit from conservatorship must be carefully planned to ensure the safety
and soundness of the housing market without upward pressure on mortgage rates.”
Pulte comfortably fielded a brief range of questions from members of the Committee.
Senator Mike Rounds (R-S.D.) emphasized the importance of the Credit Risk
Transfer (CRT) market while Senator Jack Reed (D-R.I.) pressed Pulte on the
Housing Trust Fund (HTF) and Capital Magnet Fund. Pulte agreed on the importance
of a healthy CRT market and affirmed that he would follow the law, which established
the Housing Trust Fund and Capital Magnet Fund.
In his response to Senator Reed, Pulte affirmed he would follow the law that
created the funds, but asked, “are we using the money as wisely as we can?”
As an experienced houser, he committed to “going in and seeing where that
money is being spent and making sure that as many homes are being built
as possible through these funds.” In the past, the Housing Trust Fund has
been questioned by some over its effectiveness and efficiency in creating
affordable housing. These comments may signal an interest in further
exploring these concerns.
In April 2021, then House Financial Services Committee Ranking Member
Patrick McHenry (R-N.C.) and Ranking Member of the Subcommittee on
Housing, Community Development, and Insurance Steve Stivers (R-Ohio)
requested a Government Accountability Office (GAO) audit of the HTF,
citing concerns that it was not meeting its objectives. They noted that
despite receiving over $1.19 billion since 2016, more than two-thirds of
the funds remained undisbursed, and the program had only completed
800 units of housing, equating to about $1.5 million per unit. McHenry
and Stivers expressed concern that “even when the cost per unit is
calculated in the light most favorable to HUD, the HTF still appears to
compare poorly to the private sector housing production in terms of
cost per unit. In addition to federal funds, the HTF can be used, in some
cases, to leverage additional funding from various sources such as state
and local real estate taxes and fees. When those leveraged funds are
included in the production calculation, the total dollars for completed
HTF units was approximately $882 million—still more than $1 million
per completed unit of housing.”
The GAO didn’t directly address the cost per unit in its report, likely due
to the fact that the timeline it takes to develop affordable housing
extends beyond the annual HTF funding cycle. A later analysis by the
Congressional Budget Office reported that by October 2022, projects
funded with $317 million in HTF grants had produced 2,989 completed
rental units, with an average HTF cost per unit of approximately
$106,000. For newly constructed units, the average cost was about
$122,000, and for rehabilitations, it was about $84,000.
Senator Catherine Cortez Masto (D-Nev.) raised the Federal Home
Loan Banks’ (FHLBanks) contribution to the Affordable Housing
Program, urging Pulte to require the banks to provide more than
20% of their net income for affordable housing and community
development. The statutory requirement is 10%, though most of
the FHLBanks contribute 15% or more. Pulte committed to follow
the law but said he would be “open minded with anything, including
ideas that you have on this matter” once he is inside the FHFA.
Pulte also raised the importance of ensuring accurate appraisals
and lending for manufactured homes. “I believe that there are
really some great opportunities between my friend and colleague
at HUD, Scott Turner in terms of manufactured housing as well
as on the mortgage side at FHFA,” he said.
The bulk of the hearing, however, focused on CFPB. Reed told
McKernan he was afraid the CFPB is doomed regardless of
McKernan’s intentions, saying “I have the sinking feeling you’re
departing Liverpool on the Titanic, so good luck.” Given the
aggressive actions by Musk and Vought to fire as many people
at CFPB as possible before McKernan is confirmed, it’s entirely
possible that Reed will be proved right.
Ranking Member Elizabeth Warren (D-Mass.) ran through
“13 questions in five minutes,” as Chairman Tim Scott (R-S.C.)
noted, to which McKernan repeatedly answered, that he would
follow the law. “The North Star here is, you got to follow the
law fully and faithfully execute the statute,” McKernan said.
“I’m going to make sure the CFPB performs each of its statutory”
functions. Warren concluded by saying, “If you follow the law
we’ll all be good.” McKernan had a tougher exchange with
Senator Mark Warner (D-Va.) over $20 billion returned to
consumers by CFPB actions. Warner tried to get McKernan
to acknowledge that the money the CFPB has returned to
about 195 million harmed consumers since its inception
was a good thing. McKernan responded that “I don’t think
we should evaluate the success of the CFPB based on dollar
numbers or enforcement count.” Instead, he said “we should
evaluate the CFPB director based on whether we have fair”
rules for the market.
Both candidates received relatively fair and balanced treatment
from both sides of the aisle. Republicans have nearly unanimously
confirmed all of President Trump’s nominees to date. While it
is unclear how many Democrats will be willing to vote for any
Trump nominee given the daily reports on the DOGE wrecking
ball, it is certainly in their – and our – interest to see McKernan
and Pulte confirmed as quickly as possible. It’s in everyone’s
interest to get the CFPB off of Reed’s Titanic metaphor,
before it leaves Liverpool.