Consumer groups urge FHFA not to mix crypto with mortgages

FHFA headquarters in Washington, D.C.
Andrew Harrer/Bloomberg

Two consumer groups are urging Federal Housing Finance Agency Director William J. Pulte to abandon his directive that Fannie Mae and Freddie Mac explore counting cryptocurrency holdings as reserves in single-family mortgage underwriting.

In a letter sent Thursday, the Consumer Federation of America and the National Consumer Law Center said the move, which was announced on social media rather than through the standard regulatory process, would expose the two government-sponsored enterprises and taxpayers to additional risks and invite unsound lending. 

"Underwriting standards at the GSEs must always account for borrowers' ability to repay and support the broader safety and soundness of the housing finance system," the consumer groups wrote, adding that cryptocurrencies "are notoriously volatile and offer no meaningful indication of a borrower's long-term financial stability or ability to pay their mortgage."

"This proposal will expose taxpayers to increased risk of losses, open the door to new forms of predatory and unsafe lending targeted at vulnerable borrowers and ultimately threaten the safety and soundness of the Enterprises and the broader financial system," the groups added.

Government-sponsored enterprises like Fannie Mae and Freddie Mac are backed by taxpayers. In 2008 the government bailed them out to prevent a housing market collapse.

The consumer groups argued that even stablecoins — assets marketed as steady stores of value, often pegged to fiat currencies — have seen volatility.

The letter also raised concerns about broader concentration risks, the crypto industry lacking regulatory oversight and the crypto market's historical susceptibility to fraud and hacking.

The consumer groups cited the collapse of FTX, a cryptocurrency exchange, as well as a North Korean hacking operation in February, the largest cryptocurrency heist in history. In that incident, $1.5 billion in ethereum tokens was stolen from Dubai-based cryptocurrency exchange ByBit.

The letter's signatories also said that embedding crypto in federally backed underwriting standards could give consumers the impression crypto assets are as stable and trustworthy as traditional reserves, distorting the broader mortgage market in the process.

"The 2008 crisis … was driven by the widespread underwriting of predatory, unaffordable mortgages, including in the subprime market," the consumer groups wrote. "Many of the loans that triggered the Great Recession were made without a reasonable expectation that borrowers could meet their mortgage obligations; similarly, a system built on crypto-related assets threatens to grow the market based on what may turn out to be a house of cards."

white house chip us with flag and bitcoin coin.Concept of us taking over the world crypto market
Pulte pushes Fannie, Freddie to count crypto assets
The regulator and conservator of two influential loan buyers with government ties has directed them to look at digital currency's use in qualifying borrowers.

If niche borrowers wish to qualify for mortgages based on the cryptocurrency assets they own, the groups argue, they should turn to private nonqualified mortgage lenders that bear their own risk, leaving taxpayers unexposed.

"If crypto investors are seeking tailored mortgage products," they wrote, "that risk should remain in the private market — not in taxpayer-backed institutions."

Democratic senators recently raised questions about Pulte's proposal, saying in a letter that the change being contemplated could introduce volatility and crime into the housing finance system. They also raised concerns about potential conflicts of interest, given Pulte's role as board chair of both GSEs, his spouse's crypto holdings and the close relationship between President Donald Trump's family and the digital asset industry.

For reprint and licensing requests for this article, click here.
Cryptocurrency Politics and policy Regulation and compliance GSEs
MORE FROM NATIONAL MORTGAGE NEWS