Summary
The Federal Housing Administration (FHA), an agency of the Department of Housing and Urban Development (HUD), was created by the National Housing Act of 1934. FHA insures private lenders against the possibility of borrowers defaulting on mortgages that meet certain criteria. If the borrower defaults on the mortgage, FHA is to repay the lender the remaining amount owed. FHA insurance can increase the willingness of private lenders to offer mortgages to some borrowers who might otherwise have difficulty obtaining affordable mortgages, such as borrowers with low down payments. In FY2021, FHA insured about 1.4 million new mortgages (including both home purchase and refinance mortgages) with a combined principal balance of $343 billion.
A borrower that obtains an FHA-insured mortgage must meet FHA's eligibility and underwriting standards, including showing sufficient income to repay a mortgage. FHA requires a minimum down payment of 3.5% from most borrowers, which is lower than the down payment required for many other types of mortgages. Borrowers are charged fees, called mortgage insurance premiums, in exchange for the insurance.
FHA-insured mortgages cannot exceed a statutory maximum mortgage amount, which varies by area. The maximum mortgage amount for a given area is based on area median house prices, but cannot be lower than a specified floor or higher than a specified ceiling. For calendar year 2022, FHA can insure mortgages up to $420,680 in all areas of the country. In higher-cost areas, the loan limits are set at higher amounts, up to a ceiling of $970,800.
FHA insures single-family mortgages through its Mutual Mortgage Insurance Fund (MMI Fund). Money flows into the MMI Fund primarily from the mortgage insurance premiums paid by borrowers, and money flows out of the MMI Fund primarily to pay claims on defaulted mortgages. Premiums and other revenue are intended to be sufficient to pay for insurance claims and other costs of insured mortgages. Policy decisions related to FHA-insured mortgages often involve tradeoffs between FHA's mission of expanding credit access to underserved borrowers and safeguarding the financial soundness of the MMI Fund.
Introduction
The Federal Housing Administration (FHA) is an agency of the Department of Housing and Urban Development (HUD) that insures private mortgage lenders against the possibility of borrowers defaulting on certain mortgage loans.1 If a mortgage borrower defaults on a mortgage—that is, does not repay the mortgage as promised—FHA is to pay the lender the remaining amount that the borrower owes. FHA insurance protects the lender, rather than the borrower, in the event of borrower default; a borrower who defaults on an FHA-insured mortgage will still experience the consequences of foreclosure. To be eligible for FHA insurance, the mortgage must be originated by a lender that has been approved by FHA, and the mortgage and the borrower must meet certain criteria.
FHA is one of three government agencies that provide insurance or guarantees on certain home mortgages made by private lenders, along with the Department of Veterans Affairs (VA) and the United States Department of Agriculture (USDA).2 Of these federal mortgage insurance programs, FHA is the most broadly targeted. Unlike VA- and USDA-insured mortgages, the availability of FHA-insured mortgages is not limited by factors such as veteran status, income, or whether the property is located in a rural area. However, the availability or attractiveness of FHA-insured mortgages may be limited by other factors, such as the maximum mortgage amount that FHA will insure, the fees that it charges for insurance, and its eligibility standards.
This report provides background on FHA's history and market role and an overview of the basic eligibility and underwriting criteria for FHA-insured home loans. It also provides data on the number and dollar volume of mortgages that FHA insures, along with data on FHA's market share in recent years. It does not go into detail on the financial status of the FHA mortgage insurance fund. For information on FHA's financial position, see CRS Report R42875, FHA Single-Family Mortgage Insurance: Financial Status of the Mutual Mortgage Insurance Fund (MMI Fund).
The Federal Housing Administration was created by the National Housing Act of 1934,3 during the Great Depression, to encourage lending for housing and to stimulate the construction industry.4 Prior to the creation of FHA, few mortgages exceeded 50% of the property's value and most mortgages were written for terms of five years or less. Furthermore, mortgages were typically not structured to be fully repaid by the end of the loan term; rather, at the end of the five-year term, the remaining loan balance had to be paid in a lump sum or the mortgage had to be renegotiated. During the Great Depression, lenders were unable or unwilling to refinance many of the loans that became due. Thus, many borrowers lost their homes through foreclosure, and lenders lost money because property values were falling. Lenders became wary of the mortgage market.
FHA institutionalized a new idea: 20-year mortgages on which the loan would be completely repaid at the end of the loan term. If borrowers defaulted, FHA insured that the lender would be fully repaid. By standardizing mortgage instruments and setting certain standards for mortgages, the creation of FHA was meant to instill confidence in the mortgage market and, in turn, help to stimulate investment in housing and the overall economy. Eventually, lenders began to make long-term mortgages without FHA insurance if borrowers made significant down payments. Over time, 15- and 30-year mortgages have become standard mortgage products.
When the Department of Housing and Urban Development (HUD) was created in 1965, FHA became part of HUD. Today, FHA is intended to facilitate access to affordable mortgages for some households who otherwise might not be well-served by the private market. Furthermore, it facilitates access to mortgages during economic or mortgage market downturns by continuing to insure mortgages when the availability of mortgage credit has otherwise tightened. For this reason, it is said to play a "countercyclical" role in the mortgage market—that is, it tends to insure more mortgages when the mortgage market or overall economy is weak, and fewer mortgages when the economy is strong and other types of mortgages are more readily available.
Facilitating Access to Mortgage Credit
Some prospective homebuyers may have the income to sustain monthly mortgage payments, but due to smaller down payments, weaker credit histories, or other factors might find it difficult to obtain a mortgage at an affordable interest rate or to qualify for a mortgage at all. FHA mortgage insurance is intended to make lenders more willing to offer affordable mortgages to such borrowers by insuring the lender against the possibility of borrower default.
FHA-insured loans have lower down payment requirements than most conventional mortgages. (Conventional mortgages are mortgages that are not insured by FHA or guaranteed by another government agency, such as VA or USDA.5) Because saving for a down payment is often the biggest barrier to homeownership for first-time homebuyers and lower- or moderate-income homebuyers, the smaller down payment requirement for FHA-insured loans may allow some households to obtain a mortgage earlier than they otherwise could. (Borrowers with down payments of less than 20% could also obtain non-FHA mortgages with private mortgage insurance. See the nearby text box on "FHA and Private Mortgage Insurance.") FHA-insured mortgages also have less stringent requirements related to credit history than many conventional loans. This might make FHA-insured mortgages attractive to borrowers without traditional credit histories or with weaker credit histories, who would either find it difficult to take out a mortgage absent FHA insurance or may find it more expensive to do so.
FHA and Private Mortgage Insurance Another option for borrowers with small down payments might be to obtain mortgage insurance from a private company, rather than from a government agency like FHA. This is known as private mortgage insurance (PMI). Conventional mortgages with down payments of less than 20% are generally required to carry PMI.6 Therefore, borrowers with a down payment of less than 20% may find themselves choosing between a conventional mortgage with PMI or an FHA-insured mortgage. Whether PMI or FHA insurance is a more attractive option for a specific borrower will depend on a number of factors, including the borrower's circumstances, the respective underwriting standards, and the fees charged by FHA and PMI companies at a given point in time, which can be affected by economic conditions and the features of the mortgage itself. |
FHA-insured mortgages play a particularly large role for first-time homebuyers, low- and moderate-income households, and minorities. For example, nearly 85% of FHA-insured mortgages made to purchase a home (rather than to refinance an existing mortgage) in FY2021 were obtained by first-time homebuyers, while about one-third of all FHA loans (both purchase and refinance loans) were obtained by minority borrowers.7
Since many FHA-insured mortgages are made to borrowers who might otherwise have difficulty qualifying for affordable mortgages, FHA borrowers often have somewhat lower credit scores, higher debt-to-income ratios, and lower down payments (leading to higher loan-to-value ratios).8 These factors can increase mortgage risk. However, FHA-insured mortgages must meet FHA's underwriting criteria and are prohibited from carrying riskier features such as negative amortization.9 (FHA-insured mortgages can have adjustable interest rates, subject to certain conditions.) The tradeoff between increasing mortgage access and limiting the risk of mortgages defaulting—a negative outcome for both the borrower and FHA—affects many policy decisions related to FHA-insured mortgages.
Countercyclical Role
Traditionally, FHA plays a countercyclical role in the mortgage market, meaning that it tends to insure more mortgages when mortgage credit markets are tight and fewer mortgages when mortgage credit is more widely available. A major reason for this is that FHA continues to insure mortgages that meet its standards even during market downturns or in regions experiencing economic turmoil. When the economy is weak and lenders and private mortgage insurers tighten credit standards and reduce lending activity, FHA-insured mortgages may be the only mortgages available to some borrowers, or may have more favorable terms than mortgages that lenders are willing to make without FHA insurance. When the economy is strong and mortgage credit is more widely available, many borrowers may find it easier to qualify for affordable conventional mortgages.
Features of FHA-Insured Mortgages
This section briefly describes some of the major features of FHA-insured mortgages for purchasing or refinancing a single-family home.10 Single-family homes are defined as properties with one to four separate dwelling units.11
Eligibility and Underwriting Guidelines
FHA-insured loans are available to borrowers who intend to be owner-occupants and who can demonstrate the ability to repay the loan according to the terms of the contract. FHA-insured loans must be underwritten in accordance with accepted practices of prudent lending institutions and FHA requirements. Lenders must examine factors such as the applicant's credit, financial status, monthly shelter expenses, funds required for closing expenses, effective monthly income, and debts and obligations. In general, individuals who have previously been subject to a mortgage foreclosure are not eligible for FHA-insured loans for at least three years after the foreclosure.12
As a general rule, the applicant's prospective mortgage payment should not exceed 31% of gross effective monthly income. The applicant's total debt obligations, including the proposed housing expenses, should not exceed 43% of gross effective monthly income. If these ratios are not met, the borrower may be able to present the presence of certain compensating factors, such as cash reserves, in order to qualify for an FHA-insured loan.13
Since October 4, 2010, FHA has required a minimum credit score of 500, and has required higher down payments from borrowers with credit scores below 580 than from borrowers with credit scores above that threshold.14 See the "Down Payment" section for more information on down payment requirements for FHA-insured loans.
In general, borrowers must intend to occupy the property as a principal residence.15
FHA-insured loans may be used to purchase one-family detached homes, townhomes, rowhouses, two- to four-unit buildings, manufactured homes, and condominiums.16 FHA-insured loans may also be obtained to build a home; to repair, alter, or improve a home; to refinance an existing home loan; to simultaneously purchase and improve a home; or to make certain energy efficiency or weatherization improvements in conjunction with a home purchase or mortgage refinance.17 Different or additional requirements may apply for certain property types or loan purposes.18
FHA-insured mortgages may be obtained with loan terms of up to 30 years.19
The interest rate on an FHA-insured loan is negotiated between the borrower and lender. The borrower has the option of selecting a loan with an interest rate that is fixed for the life of the loan or one on which the rate may be adjusted annually.
FHA requires a lower down payment than many other types of mortgages. Under changes made by the Housing and Economic Recovery Act of 2008 (HERA, P.L. 110-289), borrowers are required to contribute at least 3.5% in cash or its equivalent to the cost of acquiring a property with an FHA-insured mortgage. (Prior law had required borrowers to contribute at least 3% in cash or its equivalent.) Prohibited sources of the required funds include the home seller, any entity that financially benefits from the transaction, and any third party that is directly or indirectly reimbursed by the seller or by anyone that would financially benefit from the transaction.20 HUD has interpreted the 3.5% cash contribution as a down payment requirement and has specified that contributions toward closing costs cannot be counted toward it.21
Since October 4, 2010, FHA has required a 10% down payment from borrowers with credit scores between 500 and 579, while borrowers with credit scores of 580 or above are still required to make a down payment of at least 3.5%. FHA no longer insures loans made to borrowers with credit scores below 500.22
There is no income limit for borrowers seeking FHA-insured loans. However, FHA-insured mortgages cannot exceed a maximum mortgage amount set by law.23 The maximum mortgage amounts allowed for FHA-insured loans vary by area, based on a percentage of area median home prices.24 Different limits are in effect for one-unit, two-unit, three-unit, and four-unit properties. The limits are subject to a statutory floor and ceiling; that is, the maximum mortgage amount that FHA will insure in a given area cannot be lower than the floor, nor can it be higher than the ceiling.
In 2008, Congress temporarily increased the maximum mortgage amounts in response to turmoil in the housing and mortgage markets, with the intention of allowing more households to qualify for FHA-insured mortgages during a period of tighter credit availability.25 New permanent maximum mortgage amounts were later established by the Housing and Economic Recovery Act of 2008. The maximum mortgage amounts established by HERA were higher than the previous permanent limits, but in many cases lower than the temporarily increased limits. However, the higher temporary limits were extended for several years, until they expired at the end of calendar year 2013.26
Since January 1, 2014, the maximum mortgage amounts have been set at the permanent HERA levels. For a one-unit home, HERA established the maximum mortgage amounts at 115% of area median home prices, with a floor set at 65% of the Freddie Mac conforming loan limit and a ceiling set at 150% of the Freddie Mac conforming loan limit. For calendar year 2022, the floor is $420,680 and the ceiling is $970,800.27 (That is, FHA will insure mortgages with principal balances up to $420,680 in all areas of the country. In higher-cost areas, it will insure mortgages with principal balances up to 115% of the area median home price, up to a cap of $970,800 in the highest-cost areas.28) These maximum mortgage amounts are shown in Table 1. Higher limits apply to two- to four-unit homes.29
Property Size |
Maximum Mortgage Amount in Areas Between the Floor and the Ceiling |
Maximum Mortgage Amount Ceilingb |
|
1-unit |
$420,680 |
115% of area median home prices for a one-unit property |
$970,800 |
Source: 12 U.S.C. §1709(b)(2) and FHA Mortgagee Letter 2021-28.
Notes: Actual mortgage limits in specific areas can be found at https://entp.hud.gov/idapp/html/hicostlook.cfm.
a. This is the maximum mortgage amount in areas where 115% of area median home prices is lower than 65% of the Freddie Mac limit.
b. This is the maximum mortgage amount in areas where 115% of area median home prices is equal to or higher than 150% of the Freddie Mac limit. The National Housing Act provides that FHA may adjust the mortgage limits for loans in Alaska, Hawaii, Guam, and the Virgin Islands to up to 150% of the ceiling.
Mortgage Insurance Fees (Premiums)
Borrowers of FHA-insured loans pay an up-front mortgage insurance premium (MIP) and annual mortgage insurance premiums in exchange for FHA insurance. These premiums are set as a percentage of the loan amount. The maximum amounts that FHA is allowed to charge for the annual and the up-front premiums are set in statute. However, since these are maximum amounts, HUD has the discretion to set the premiums at lower levels.
Up-Front Mortgage Insurance Premiums30
The maximum up-front premium that FHA may charge is 3% of the mortgage amount, or 2.75% of the mortgage amount for a first-time homebuyer who has received homeownership counseling.31 Currently, FHA is charging the same up-front premiums to first-time homebuyers who receive homeownership counseling and all other borrowers.
Since April 9, 2012, HUD has set the up-front premium at 1.75% of the loan amount, whether or not the borrower is a first-time homebuyer who received homeownership counseling.32 This premium applies to most single-family mortgages.33
Annual Mortgage Insurance Premiums
The amount of the maximum annual premium varies based on the loan's initial loan-to-value ratio. For most loans, (1) if the loan-to-value ratio is above 95%, the maximum annual premium is 1.55% of the loan balance, and (2) if the loan-to-value ratio is 95% or below, the maximum annual premium is 1.5% of the loan balance.34
Beginning in 2010, in response to rising mortgage defaults and foreclosures as a result of the housing market turmoil at the time, FHA increased the actual annual premiums that it charges several times in order to bring more money into the FHA insurance fund and ensure that it had sufficient funds to pay for defaulted loans.35 However, in January 2015, FHA announced a decrease in the annual premium for most single-family loans. For most FHA case numbers assigned on or after January 26, 2015, the annual premiums are 0.85% of the outstanding loan balance if the initial loan-to-value ratio is above 95% and 0.80% of the outstanding loan balance if the initial loan-to-value ratio is 95% or below.36 This is a decrease from 1.35% and 1.30%, respectively, which is what FHA had been charging from April 1, 2013, until January 26, 2015.37 These premiums apply to most single-family mortgages; FHA charges different annual premiums in certain circumstances, including for loans with shorter loan terms or higher principal balances.38
Table 2 shows the statutory maximum amounts that FHA can charge for the up-front and annual mortgage insurance premiums, as well as the actual up-front and annual MIPs that have been in effect for most loans since January 26, 2015.
Statutory Maximum |
Current |
Statutory Maximum Annual MIP |
||
Initial LTV <= 95% |
3% |
1.75% |
1.50% |
0.80% |
Initial LTV > 95% |
3% |
1.75% |
1.55% |
0.85% |
Source: FHA Mortgagee Letters 12-04 and 15-01.
Notes: These premiums apply to most FHA-insured single-family loans, with certain exceptions (such as certain streamline refinance transactions and FHA-insured reverse mortgages). Different annual premiums apply for mortgages with loan terms of 15 years or less or mortgages with initial principal balances above $625,500.
a. The statutory maximum up-front MIP for a first-time homebuyer who receives housing counseling is 2.75%.
Premium Cancellation Policy
By law, private mortgage insurance premiums—premiums associated with mortgage insurance purchased from a private company—must be cancelled when enough mortgage payments have been made that the loan-to-value ratio reaches a certain threshold.39 This law does not apply to FHA mortgage insurance premiums. One difference between private mortgage insurance (PMI) and FHA mortgage insurance is that FHA insures the entire remaining mortgage amount for the life of the mortgage, while PMI covers only a portion of the mortgage amount.
For a time, FHA had an administrative policy of automatically cancelling the annual mortgage insurance premium when, based on the initial amortization schedule, the loan balance reached 78% of the initial property value.40 This policy applied for loans that were originated between the beginning of 2001 through mid-2013. However, for loans with FHA case numbers assigned on or after June 3, 2013, FHA continues to charge the annual mortgage insurance premium for the life of the loan for most mortgages.41 This change was made in response to concerns about the financial status of the FHA insurance fund. In explaining the change, FHA noted that it had at times paid insurance claims on defaulted mortgages where the borrowers were no longer paying annual mortgage insurance premiums. This could occur because FHA insures the remaining mortgage amount for the life of the loan, and because premiums were cancelled when the loan amortized to a percentage of the initial property value rather than the current value of the home. Cancelling premiums based on the initial property value meant that premiums could be cancelled even if house price declines had left borrowers with little current equity in their homes.42
Options for FHA-Insured Loans in Default
An FHA-insured mortgage is considered delinquent any time a payment is due and not paid. Once the borrower is 30 days late in making a payment, the mortgage is considered to be in default. In general, mortgage servicers may initiate foreclosure on an FHA-insured loan when three monthly installments are due and unpaid, and they must initiate foreclosure when six monthly installments are due and unpaid, except when prohibited by law.43
Prior to initiating foreclosure, mortgage servicers are to attempt to make contact with borrowers and evaluate whether they qualify for certain foreclosure avoidance options, known as loss mitigation.44 The options are to be considered in a specific order, and specific eligibility criteria apply to each option. Some loss mitigation options, referred to as home retention options, are intended to help borrowers remain in their homes. Other loss mitigation options, referred to as home disposition options, will result in the borrower losing his or her home, but avoiding some of the costs of foreclosure. The loss mitigation options that servicers are instructed to pursue on FHA-insured loans are summarized in Table 3.45
Additional loss mitigation options are available for certain populations of borrowers. For example, defaulted borrowers in military service may be eligible to suspend the principal portion of monthly payments and pay only interest for the period of military service, plus three months.46 On resumption of payment, loan payments are adjusted so that the loan will be paid in full within the original mortgage term.47 Certain additional loss mitigation options are also available in areas affected by presidentially declared major disasters48 and in response to the COVID-19 pandemic.49
Possible Remedies for FHA Loans in Default |
|
Forbearance |
Forbearance agreements allow a borrower to make partial mortgage payments, or to suspend mortgage payments, for a specified period of time. FHA forbearance options include informal forbearance plans, formal forbearance plans, and a special forbearance option for unemployed borrowers. |
FHA-Home Affordable Modification Program (FHA-HAMP) |
FHA-HAMP uses a loan modification, a partial claim, or a combination of the two to bring a borrower's mortgage current and provide for affordable mortgage payments.
|
Pre-foreclosure sale |
Pre-foreclosure sales allow a borrower to sell the property and use the proceeds to satisfy the mortgage debt, even if the sale amount is less than the remaining amount owed on the mortgage. |
Deed-in-lieu of foreclosure |
Deeds-in-lieu of foreclosure allow a borrower to deed the property to FHA in exchange for being released from the mortgage obligation. |
Sources: 24 C.F.R. §203, HUD Handbook 4000.1, Section III.A.2, and FHA Mortgagee Letter 2016-14.
FHA's single-family mortgage insurance program is funded through FHA's Mutual Mortgage Insurance Fund (MMI Fund). Cash flows into the MMI Fund primarily from insurance premiums and proceeds from the sale of foreclosed homes. Cash flows out of the MMI Fund primarily to pay claims to lenders for mortgages that have defaulted.
This section provides a brief overview of (1) how the FHA-insured mortgages insured under the MMI Fund are accounted for in the federal budget and (2) the MMI Fund's compliance with a statutory capital ratio requirement. For more detailed information on the financial status of the MMI Fund, see CRS Report R42875, FHA Single-Family Mortgage Insurance: Financial Status of the Mutual Mortgage Insurance Fund (MMI Fund).
FHA Home Loans in the Federal Budget
The Federal Credit Reform Act of 1990 (FCRA) specifies the way in which the costs of federal loan guarantees, including FHA-insured loans, are recorded in the federal budget.50 The FCRA requires that the estimated lifetime cost of guaranteed loans (in net present value terms) be recorded in the federal budget in the year that the loans are insured. When the present value of the lifetime cash flows associated with the guaranteed loans is expected to result in more money coming into the account than flowing out of it, the program is said to generate negative credit subsidy. When the present value of the lifetime cash flows associated with the guaranteed loans is expected to result in less money coming into the account than flowing out of it, the program is said to generate positive credit subsidy. Programs that generate negative credit subsidy result in offsetting receipts for the federal government, while programs that generate positive credit subsidy require an appropriation to cover the cost of new loan guarantees.51
The MMI Fund has historically been estimated to generate a negative credit subsidy in the year that the loans are insured and therefore has not required appropriations to cover the expected costs of loans to be insured. The MMI Fund does receive appropriations to cover salaries and administrative contract expenses.
The amount of money that loans insured in a given year actually earn for or cost the government over the course of their lifetime is likely to be different from the original credit subsidy estimates. Therefore, each year as part of the annual budget process, each prior year's credit subsidy rates are re-estimated based on the actual performance of the loans and other factors, such as updated economic projections. These re-estimates affect the way in which funds are held in the MMI Fund's two primary accounts: the Financing Account and the Capital Reserve Account. The Financing Account holds funds to cover expected future costs of FHA-insured loans. The Capital Reserve Account holds additional funds to cover any additional unexpected future costs. Funds are transferred between the two accounts each year on the basis of the re-estimated credit subsidy rates to ensure that enough is held in the Financing Account to cover updated projections of expected costs of insured loans.
If FHA ever needs to transfer more funds to the Financing Account than it has in the Capital Reserve Account, it can receive funds from Treasury to make this transfer under existing authority and without any additional congressional action.52 This occurred for the first time at the end of FY2013, when FHA received $1.7 billion from Treasury to make a required transfer of funds between the accounts. The funds that FHA received from Treasury did not need to be spent immediately, but were to be held in the Financing Account and used to pay insurance claims, if necessary, only after the remaining funds in the Financing Account were spent. The MMI Fund has not needed any additional funds from Treasury to make required transfers of funds between the two accounts since that time.
The MMI Fund is also required by statute to maintain a "capital ratio" of at least 2%, which is intended to ensure that the fund is able to withstand some increases in the costs of loans guaranteed under the insurance fund.53 The capital ratio measures the amount of funds that the MMI Fund currently has on hand, plus the net present value of the expected future cash flows associated with the mortgages that FHA currently insures (e.g., the amounts it expects to earn through premiums and lose through claims paid). It then expresses this amount as a percentage of the total dollar volume of mortgages that FHA currently insures. In other words, the capital ratio is a measure of the amount of funds that would remain in the MMI Fund after all expected future cash flows on the loans that it currently insures have been realized, assuming that FHA did not insure any more loans going forward.
Beginning in FY2009, and for several years thereafter, the capital ratio was estimated to be below this mandated 2% level. The capital ratio again exceeded the 2% threshold in FY2015, when it was estimated to be 2.07%.54 This represented an improvement from an estimated capital ratio of 0.41% at the end of FY2014,55 and from negative estimated capital ratios at the ends of FY2013 and FY2012.56 The capital ratio has remained above 2% since that time, and was estimated to be 8.03% in FY2021.57
A low or negative capital ratio does not in itself trigger any special assistance from Treasury, but it raises concerns that FHA could need assistance in order to continue to hold enough funds in the Financing Account to cover expected future losses. In the years following the housing market turmoil that began around 2007, FHA took a number of steps designed to strengthen the insurance fund.58 These steps included increasing the mortgage insurance premiums charged to borrowers; strengthening underwriting requirements, such as by instituting higher down payment requirements for borrowers with the lowest credit scores; and increasing oversight of FHA-approved lenders.
The number of new mortgages insured by FHA in a given year depends on a variety of factors. In general, the number of new mortgages insured by FHA increased during the housing market turmoil (and resulting contraction of mortgage credit) that began around 2007, reaching a peak of 1.8 million mortgages in FY2009 before beginning to decrease somewhat. FY2014 was the only year since FY2007 that FHA insured fewer than 1 million new mortgages.
As shown in Table 4, FHA insured about 1.4 million new single-family purchase and refinance mortgages in FY2021. Together, these mortgages had an initial loan balance of $343 billion. About 59% (846,248) of the mortgages were for home purchases, while about 41% (586,629) were for refinancing an existing mortgage.59 FHA insured about 100,000 more mortgages in FY2021 than it did in FY2020, when it insured about 1.3 million mortgages.
Purchase |
Refinance |
Total |
|
Number of Mortgages |
846,248 |
586,629 |
1,432,877 |
Source: FHA's FY2021 Annual Report to Congress on the Financial Status of the MMI Fund, p. 88.
Notes: These data do not include FHA-insured reverse mortgages. Numbers reflect FHA's activity during FY2021. FHA activity can also be reported for a calendar year rather than a fiscal year; the market share data included in the Appendix reflect FHA activity during calendar years rather than fiscal years.
Many FHA-insured mortgages are obtained by first-time homebuyers, lower-and moderate-income homebuyers, and minority homebuyers. Of the home purchase mortgages insured by FHA in FY2021, nearly 85% were made to first-time homebuyers.60 Roughly one-third of all mortgages (both for home purchases and refinances) insured by FHA in FY2021 were made to minority borrowers.61
As shown in Table 5, at the end of FY2021 FHA was insuring a total of about 7.5 million single-family mortgages that together had an outstanding balance of nearly $1.2 trillion.62 Since it was first established in 1934, FHA has insured a total of over 52 million single-family mortgages.63
Total |
|
Number of Mortgages |
7,498,614 |
Dollar Volume of Mortgages |
$1.191 trillion |
Source: U.S. Department of Housing and Urban Development, Fiscal Year 2021 Annual Report to Congress on the Financial Status of the FHA Mutual Mortgage Insurance Fund, p. 34.
Note: Figures show the number and dollar volume of single-family insurance-in-force as of the end of FY2021, excluding FHA-insured reverse mortgages.
Measuring Market Share
FHA's share of the mortgage market is the amount of mortgages that are insured by FHA compared to the total amount of mortgages originated or outstanding in a given time period (e.g., originated during a calendar year, or outstanding on a specific date). FHA's market share can be measured in a number of different ways. Therefore, when evaluating FHA's market share, it is important to recognize which of several different figures is being reported.
First, FHA's share of the mortgage market can be computed as the number of FHA-insured mortgages divided by the total number of mortgages, or as the dollar volume of FHA-insured mortgages divided by the total dollar volume of mortgages.
Furthermore, FHA's market share is sometimes reported as a share of all mortgages, and sometimes only as a share of home purchase mortgages (as opposed to both mortgages made to purchase a home and mortgages made to refinance an existing mortgage).
A market share figure can be reported as a share of all mortgages originated within a specific time period, such as a given year, or as a share of all mortgages outstanding at a point in time, regardless of when they were originated.
Finally, FHA's market share is sometimes also reported as a share of the total number of mortgages that have some kind of mortgage insurance (including mortgages with private mortgage insurance and mortgages insured by another government agency) rather than as a share of all mortgages regardless of whether or not they have mortgage insurance.
FHA's Share of the Mortgage Market
FHA's market share tends to fluctuate in response to economic conditions and other factors. Between calendar years 1996 and 2002, FHA's market share averaged about 14% of the home purchase mortgage market and about 11% of the overall mortgage market (both home purchase mortgages and refinance mortgages), as measured by number of mortgages. However, by 2005 FHA's market share had fallen to less than 5% of home-purchase mortgages and about 3% of the overall mortgage market as mortgage credit loosened. Subsequently, as economic conditions worsened and mortgage credit tightened in response to housing market turmoil that began around 2007, FHA's market share rose sharply, peaking at over 30% of home-purchase mortgages in 2009 and 2010, and over 20% of all mortgages (including both home purchases and refinances) in 2009. In 2020, FHA insured 17% of new home purchase mortgages and 11% of new mortgages overall.64
Figure 1 shows FHA's market share as a percentage of the total number of new mortgages originated for each calendar year between 1996 and 2020. As described, FHA's market share can be measured in a number of different ways. The figure shows FHA's share of (1) all newly originated mortgages, (2) just newly originated purchase mortgages, and (3) just newly originated refinance mortgages. FHA's share of home purchase mortgages tends to be the highest, largely because borrowers who refinance are more likely to have built up a greater amount of equity in their homes and, therefore, might be more likely to obtain conventional mortgages. For the number of mortgages insured by FHA in each year calendar since 1996, see the Appendix.
Figure 1. FHA's Share of the Mortgage Market, CY1996-CY2020 Percentage of total number of mortgages originated in each year |
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Source: Figure created by CRS using data in HUD's FHA Single-Family Mortgage Market Share Report, 2021 Q1, http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/oe/rpts/fhamktsh/fhamktqtrly. |
The increase in FHA's market share after 2007 was due to a variety of factors related to the housing market turmoil and broader economic instability that was taking place at the time. Housing and economic conditions led many banks to limit their lending activities, including lending for mortgages. Similarly, private mortgage insurance companies, facing steep losses from past mortgages, began tightening the underwriting criteria for mortgages that they would insure.65 Furthermore, in 2008 Congress increased the maximum mortgage amounts that FHA can insure, which may have made FHA-insured mortgages a more viable option for some borrowers in certain areas.
Over the last decade, FHA's market share has decreased from its peak during the housing market turmoil. A number of factors may have contributed to this decrease, including a decrease in loan limits in some high-cost areas that took effect in 2014, higher mortgage insurance premiums,66 and greater availability of non-FHA-insured mortgages. While not the focus of this report, the appropriate market share for FHA has been a subject of ongoing debate among policymakers. It is likely to continue to be a topic of debate, both in the context of policies specifically related to FHA as well as part of broader debate about the U.S. housing finance system as a whole.
Appendix. FHA's Market Share Since 1996
Table A-1 provides data on the number of mortgages insured by FHA in each calendar year since 1996, along with FHA's overall market share in each calendar year.
Calendar |
FHA-Insured Home Purchase Mortgages |
FHA-Insured Refinance Mortgages |
Total FHA-Insured Mortgages |
Total Mortgage Market |
FHA Share of Mortgage Originations |
1996 |
697,000 |
123,000 |
820,000 |
6,672,000 |
12.3% |
1997 |
759,000 |
110,000 |
869,000 |
6,233,000 |
13.9% |
1998 |
788,000 |
348,000 |
1,136,000 |
10,795,000 |
10.5% |
1999 |
913,000 |
245,000 |
1,158,000 |
12,182,000 |
9.5% |
2000 |
845,000 |
66,000 |
911,000 |
7,767,000 |
11.7% |
2001 |
870,000 |
407,000 |
1,277,000 |
11,627,000 |
11.0% |
2002 |
764,000 |
412,000 |
1,176,000 |
16,922,000 |
7.0% |
2003 |
630,000 |
653,000 |
1,283,000 |
24,887,000 |
5.2% |
2004 |
467,000 |
248,000 |
716,000 |
14,319,000 |
5.0% |
2005 |
323,000 |
133,000 |
456,000 |
14,485,000 |
3.1% |
2006 |
295,000 |
116,000 |
411,000 |
12,330,000 |
3.3% |
2007 |
317,000 |
211,000 |
528,000 |
10,294,000 |
5.1% |
2008 |
845,000 |
561,000 |
1,406,000 |
7,092,000 |
19.8% |
2009 |
1,088,000 |
897,000 |
1,985,000 |
9,391,000 |
21.1% |
2010 |
944,000 |
519,000 |
1,463,000 |
8,359,000 |
17.5% |
2011 |
760,000 |
322,000 |
1,082,000 |
6,813,000 |
15.9% |
2012 |
738,000 |
527,000 |
1,265,000 |
9,442,000 |
13.4% |
2013 |
665,000 |
507,000 |
1,172,000 |
8,683,000 |
13.5% |
2014 |
601,000 |
182,000 |
783,000 |
5,575,000 |
14.1% |
2015 |
811,000 |
410,000 |
1,221,000 |
6,983,000 |
17.5% |
2016 |
891,000 |
413,000 |
1,304,000 |
8,198,000 |
15.9% |
2017 |
852,000 |
309,000 |
1,161,000 |
7,074,000 |
16.4% |
2018 |
760,000 |
214,000 |
974,000 |
6,584,000 |
14.8% |
2019 |
778,000 |
338,000 |
1,116,000 |
7,729,000 |
14.4% |
2020 |
820,000 |
494,000 |
1,314,000 |
11,916,000 |
11.0% |
Source: U.S. Department of Housing and Urban Development, FHA Single-Family Market Share 2021 Q3, http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/oe/rpts/fhamktsh/fhamktqtrly.
Notes: This table reflects FHA activity during calendar years. Data can also be reported for fiscal years; the FHA program activity data reported in Table 4 in this report reflect fiscal year rather than calendar year activity.
Bruce E. Foote, retired CRS Analyst in Housing Policy, authored the original version of this report.
1. |
This report addresses FHA's program for insuring mortgages on single-family homes, which is by far the largest FHA program. (Single-family homes are defined as properties with one to four dwelling units.) However, FHA is also authorized to insure mortgages on a variety of other types of properties, including multifamily buildings and hospitals and other health care facilities. These FHA programs are not discussed in this report. |
2. |
VA provides guarantees on certain home mortgages made to veterans, and USDA guarantees certain home mortgages made to lower-income households in rural areas. For more information on VA- and USDA-guaranteed mortgages, see CRS Report R42504, VA Housing: Guaranteed Loans, Direct Loans, and Specially Adapted Housing Grants and CRS Report RL31837, An Overview of USDA Rural Development Programs. |
3. |
The National Housing Act of 1934 is P.L. 73-479, and is codified at 12 U.S.C. §1701 et seq. |
4. |
For more information on the historical role of FHA, see the U.S. Department of Housing and Urban Development's Office of Policy Development and Research Housing Finance Working Paper Series, The FHA Single-Family Insurance Program: Performing a Needed Role in the Housing Finance Market, Working Paper No. HF-019, December 2012, https://www.huduser.gov/portal//publications/pdf/FHA_SingleFamilyIns.pdf. |
5. |
Conventional mortgages include mortgages that are purchased by the government-sponsored enterprises (GSEs) Fannie Mae and Freddie Mac. Although technically not government agencies, Fannie Mae and Freddie Mac are currently under government conservatorship and have received government financial assistance. Mortgages that meet Fannie Mae's and Freddie Mac's criteria are referred to as conforming mortgages. |
6. |
This is largely due to the requirements of Fannie Mae and Freddie Mac, which influence a large part of the mortgage market. By statute, Fannie Mae and Freddie Mac cannot purchase mortgages where the mortgage amount exceeds 80% of the value of the home unless the mortgage includes some kind of credit enhancement, such as private mortgage insurance. Fannie Mae and Freddie Mac currently accept certain mortgages with down payments as low as 3% with private mortgage insurance, subject to certain conditions. See Fannie Mae's HomeReady Mortgage at https://singlefamily.fanniemae.com/originating-underwriting/mortgage-products/homeready-mortgage, and Freddie Mac's Home Possible Mortgage at https://sf.freddiemac.com/working-with-us/origination-underwriting/mortgage-products/home-possible. |
7. |
U.S. Department of Housing and Urban Development, FHA Annual Management Report Fiscal Year 2021, p. 15, https://www.hud.gov/sites/dfiles/Housing/documents/FHAFY2021ANNUALMGMNTRPT.pdf. These figures are for FHA-insured forward mortgages and do not include FHA-insured reverse mortgages, known as Home Equity Conversion Mortgages (HECMs). |
8. |
In FY2021, FHA reported that the average loan-to-value ratio for FHA purchase mortgages was 95.54%, the average debt-to-income ratio for FHA purchase mortgages was about 43%, and the average borrower credit score for all FHA-insured mortgages was 672. See HUD, Annual Report to Congress Regarding the Financial Status of the FHA Mutual Mortgage Insurance Fund, Fiscal Year 2021, pp. 27-30, https://www.hud.gov/sites/dfiles/Housing/documents/2021FHAAnnualReportMMIFund.pdf. |
9. |
With a negative amortization loan, borrowers have the option to pay less than the full amount of the interest due for a set period of time. The loan negatively amortizes as the remaining interest is added to the outstanding loan balance, so that the loan balance increases over time rather than decreasing as it would with positive amortization. |
10. |
Detailed information on FHA's underwriting and eligibility requirements can be found in HUD Handbook 4000.1, FHA Single Family Housing Policy Handbook, available at http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/hsgh. The discussion in this section applies to FHA-insured forward mortgages and does not include FHA-insured reverse mortgages. For more information on FHA-insured reverse mortgages, see CRS Report R44128, HUD's Reverse Mortgage Insurance Program: Home Equity Conversion Mortgages. |
11. |
For example, a duplex would be considered a single-family property under this definition. A borrower could obtain an FHA-insured mortgage to purchase a duplex, live in one unit, and rent out the second unit. The borrower must intend to occupy one of the units as his or her primary residence. |
12. |
See HUD Handbook 4000.1, Sections II.A.4.b.iii(H) and II.A.5.a.iii(I). Exceptions can be made if the foreclosure was due to certain extenuating circumstances, such as a serious medical condition, if the borrower has re-established a good credit record. |
13. |
See HUD Handbook 4000.1, Section II.A.5.d.viii for compensating factors acceptable to FHA. |
14. |
U.S. Department of Housing and Urban Development, Mortgagee Letter 2010-29, "Minimum Credit Scores and Loan-to-Value Ratios," September 3, 2010, https://www.hud.gov/sites/documents/10-29ML.PDF. Few FHA-insured mortgages are made to borrowers with credit scores below 580. For more information on the distribution of borrower credit scores for FHA-insured mortgages, see HUD, Fiscal Year 2021 Annual Report to Congress on the Financial Status of the FHA Mutual Mortgage Insurance Fund, p. 29, https://www.hud.gov/sites/dfiles/Housing/documents/2021FHAAnnualReportMMIFund.pdf. |
15. |
In certain limited circumstances, FHA will insure mortgages used to purchase secondary residences. A secondary residence cannot be a vacation home. Furthermore, in some cases owner-occupants or investors may be able to obtain FHA-insured loans in order to purchase property that has been acquired by FHA as a result of foreclosure. See HUD Handbook 4000.1, Section II.A.1.b.iii and Section II.A.8.o.v. |
16. |
See HUD Handbook 4000.1, Section II.A.1.b.iv(B). |
17. |
See HUD Handbook 4000.1, Section II.A.1.b.i and Section II.A.8. |
18. |
Particular requirements that apply to certain types of FHA loans, such as loans for manufactured housing or condominiums, are described in the relevant sections of HUD Handbook 4000.1, regulations, and FHA Mortgagee Letters. Mortgagee Letters are available at https://www.hud.gov/program_offices/administration/hudclips/letters/mortgagee. |
19. |
See HUD Handbook 4000.1, Section II.A.2.d. |
20. |
12 U.S.C. §1709(b)(9) |
21. |
U.S. Department of Housing and Urban Development, Mortgagee Letter 2008-23, "Revised Downpayment and Maximum Mortgage Requirements," September 5, 2008, https://www.hud.gov/sites/documents/DOC_19737.PDF. |
22. |
U.S. Department of Housing and Urban Development, Mortgagee Letter 2010-29, "Minimum Credit Scores and Loan-to-Value Ratios," September 3, 2010, https://www.hud.gov/sites/documents/10-29ML.PDF. |
23. |
The FHA maximum mortgage amounts are codified at 12 U.S.C. §1709(b)(2). The statute allows for special higher limits for Alaska, Hawaii, Guam, and the Virgin Islands (see 12 U.S.C. §1715d). To look up the maximum mortgage amount for a specific area, see HUD's website at https://entp.hud.gov/idapp/html/hicostlook.cfm. |
24. |
FHA calculates area-by-area limits each year based on the prior year's area median home price data, so the actual dollar amount of the limit in a given area can change from year to year. The maximum mortgage amounts are set on a county basis, except that in metropolitan statistical areas (MSAs) the maximum mortgage amount for the entire MSA is based on the county within the MSA that has the highest median home price. |
25. |
In early 2008, Congress enacted the Economic Stimulus Act of 2008 (ESA, P.L. 110-185), which temporarily increased the maximum mortgage amounts for a one-unit home to 125% of area median home prices, with a floor of $271,050 and a high-cost area ceiling of $729,750. Immediately prior to the enactment of ESA, the limits had been set at 95% of area median house prices, with a floor of $200,160 and a ceiling of $362,790. See U.S. Department of Housing and Urban Development, Mortgagee Letter 2008-02, "2008 FHA Maximum Mortgage Limits," January 18, 2008, http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/letters/mortgagee/inactive. |
26. |
The American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5) amended the maximum mortgage amounts for calendar year 2009, setting them at the higher of (1) the 2008 limits set by ESA, or (2) the original 2009 limits set by HERA. Under ARRA, the floor was $271,050, the high-cost area limit was $729,750, and the limit in all other areas was the higher of 125% of 2007 area median home prices (the ESA limit) or 115% of more current area median home prices (the HERA limit). (The percentage of the Freddie Mac conforming loan limit used to calculate the loan limit floor was the same under both ESA and HERA.) The ARRA limits were extended several times until they expired at the end of 2013. |
27. |
FHA Mortgagee Letter 2021-28, November 30, 2021, https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-28mlhsg.pdf. The statutory ceilings and floors are set as a percentage of the conforming loan limit, which is the dollar limit on the size of mortgages that can be purchased by Fannie Mae and Freddie Mac. The floor and ceiling can change if Congress changes the percentages of the conforming loan limit that constitute the ceiling and the floor, or if the conforming loan limit itself changes. HERA established the conforming loan limit at $417,000, but directed the Federal Housing Finance Agency, the regulator and conservator for Fannie Mae and Freddie Mac, to adjust the conforming loan limit each year to account for home price increases, subject to certain restrictions. (See 12 U.S.C. §1717(b)(2) and 12 U.S.C. §1454(a)(2).) The conforming loan limit for 2022 is set at $647,200, so the FHA loan limit floor is $420,680 (65% of $647,200), and the ceiling is $970,800 (150% of $647,200). |
28. |
Lists of the counties that have FHA loan limits that are higher than the statutory floor in 2022 (that is, loan limits set as the ceiling, or in between the floor and the ceiling) are available at https://www.hud.gov/program_offices/housing/sfh/lender/origination/mortgage_limits. |
29. |
The maximum mortgage amounts for two- to four-unit homes in a given area are calculated based on specified multiples of the loan limit for one-unit homes, subject to a national floor and ceiling. For 2022, for two-unit homes, the maximum mortgage amount floor is $538,650 and the ceiling is $1,243,050; for three-unit homes, the floor is $651,050 and the ceiling is $1,502,475; and for four-unit homes, the floor is $809,150 and the ceiling is $1,867,275. See 12 U.S.C. §1709(b)(2)(A), FHA Mortgagee Letter 2021-28, and https://entp.hud.gov/idapp/html/hicostlook.cfm. |
30. |
In the past, if borrowers prepaid their loans, they may have been due refunds of part of the up-front insurance premium that was not earned by FHA. The refund amount depended on when the mortgage closed and declined as the loan matured. The Consolidated Appropriations Act 2005 (P.L. 108-447) amended the National Housing Act to provide that, for mortgages insured on or after December 8, 2004, borrowers are not eligible for refunds of up-front mortgage insurance premiums. The one exception is when borrowers refinance an existing FHA-insured mortgage with a new FHA-insured mortgage within three years: such borrowers are eligible for a refund credit that reduces the up-front mortgage insurance premium on the refinanced mortgage. For more information, see FHA Mortgagee Letter 05-03, "Elimination of Refunds of Upfront Mortgage Insurance Premiums," January 6, 2005, available at https://www.hud.gov/program_offices/administration/hudclips/sfhsuperseded/mltrs_full#2005 and HUD Handbook 4000.1, Sections II.A.2.e.i(B) and II.A.8.d.iv. |
31. |
12 U.S.C. §1709(c)(2)(A). In 2008, HERA increased the maximum up-front mortgage insurance premiums that FHA is permitted to charge to the current levels. |
32. |
U.S. Department of Housing and Urban Development, Mortgagee Letter 12-4, "Single Family Mortgage Insurance: Annual and Up-Front Mortgage Insurance Premiums–Changes," March 6, 2012, http://portal.hud.gov/hudportal/documents/huddoc?id=12-04ml.pdf. |
33. |
Different premiums apply to certain FHA programs, including Title I loans and Home Equity Conversion Mortgages (HECMs). |
34. |
12 U.S.C. §1709(c)(2)(B). In August 2010, Congress enacted P.L. 111-229, which raised the maximum annual mortgage insurance premium that FHA is permitted to charge to the current levels. |
35. |
Most of the changes to the mortgage insurance premiums in recent years have been made administratively by FHA, although the Temporary Payroll Tax Cut Continuation Act of 2011 (P.L. 112-78), enacted on December 23, 2011, required FHA to increase the annual mortgage insurance premium it charges by 10 basis points (one-tenth of one percentage point). A list of changes to the mortgage insurance premiums since 2010, and references to the FHA Mortgagee Letters that implemented the changes, is available on p. 37 of the FY2016 Annual Report to Congress on the Financial Status of the MMI Fund, https://portal.hud.gov/hudportal/documents/huddoc?id=2016fhaannualreport1.pdf. |
36. |
U.S. Department of Housing and Urban Development, Mortgagee Letter 2015-01, "Reduction of Federal Housing Administration (FHA) Annual Mortgage Insurance Premium (MIP) Rates and Temporary Case Cancellation Authority," January 9, 2015, http://portal.hud.gov/hudportal/documents/huddoc?id=15-01ml.pdf. |
37. |
U.S. Department of Housing and Urban Development, Mortgagee Letter 13-04, "Revision of Federal Housing Administration (FHA) Policies Concerning Cancellation of the Annual Mortgage Insurance Premium (MIP) and Increase to the Annual MIP," January 31, 2013, http://portal.hud.gov/hudportal/documents/huddoc?id=13-04ml.pdf. |
38. |
These premiums do not apply to certain FHA programs, including Title I loans and Home Equity Conversion Mortgages (HECMs). Different premiums apply for mortgages with loan terms of 15 years or less or mortgages with initial principal balances above $625,500. For the premiums charged for these mortgages, see Appendix 1.0 of HUD Handbook 4000.1. |
39. |
This requirement was enacted in the Homeowners Protection Act of 1998 (P.L. 105-216) and is codified at 12 U.S.C. Chapter 49. |
40. |
See FHA Mortgagee Letter 00-38, "Single-Family Loan Production – Further Reduction in Upfront Mortgage Insurance Premiums and Other Mortgage Insurance Premium Changes," October 27, 2000, http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/letters/mortgagee/2000ml. |
41. |
FHA Mortgagee Letter 13-04, "Revision of Federal Housing Administration (FHA) Policies Concerning Cancellation of the Annual Mortgage Insurance Premium (MIP) and Increase to the Annual MIP," January 31, 2013, http://portal.hud.gov/hudportal/documents/huddoc?id=13-04ml.pdf. Borrowers whose FHA-insured mortgages have loan-to-value ratios of 90% or lower at origination can stop paying the annual mortgage insurance premiums after 11 years. |
42. |
U.S. Department of Housing and Urban Development, Fiscal Year 2012 Annual Report to Congress on the Financial Status of the Mutual Mortgage Insurance Fund, p. 54, http://portal.hud.gov/hudportal/documents/huddoc?id=FHAMMIF2012.pdf. At the time, FHA estimated that about 10% of the losses that FHA incurred on defaulted mortgages occurred after the annual mortgage insurance premiums had been cancelled. |
43. |
24 C.F.R. §203.355. State law may prohibit the start of foreclosure proceedings within the time frame specified by HUD. Also, military service of the borrower may delay foreclosure proceedings (24 C.F.R. §203.346). |
44. |
Congress authorized FHA to undertake certain types of loss mitigation actions in 1996. The loss mitigation program replaced an assignment program. Under the assignment program, servicers would assign a defaulted loan to FHA, which would pay the insurance claim to the lender and then attempt to help the borrower avoid foreclosure directly. Under the loss mitigation program, servicers are given the responsibility of pursuing loss mitigation options before completing a foreclosure. P.L. 104-99, the Balanced Budget Downpayment Act, I, terminated the mortgage assignment program and authorized certain loss mitigation activities. |
45. |
FHA loss mitigation procedures are described in HUD Handbook 4000.1, Section III.A.2. |
46. |
See HUD Handbook 4000.1, Section III.A.2.k.ii and 24 C.F.R. §203.345 and §203.346. |
47. |
In addition, as amended by HERA, the Servicemembers Civil Relief Act (P.L. 108-189) provides certain foreclosure protections for active duty servicemembers. See HUD Handbook 4000.1, Section III.A.3.i. |
48. |
FHA's loss mitigation options in areas affected by presidentially declared disasters are described in HUD Handbook 4000.1, Section III.A.2.n. |
49. |
FHA's COVID-19 loss mitigation options are described in HUD Handbook 4000.1, Section III.A.2.o and related FHA Mortgagee Letters. Section 4022 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136) provided for mortgage forbearance for borrowers with federally backed mortgages, including FHA-insured mortgages, who experienced financial hardships due to COVID-19. These forbearance provisions were subsequently extended administratively. FHA has also established COVID-19-specific loss mitigation options for FHA-insured mortgages that include particular loan modification and partial claim options for borrowers affected by COVID-19, including those exiting COVID-19-related forbearance plans. |
50. |
For more information on how the costs of federal credit programs are treated in the federal budget, see archived CRS Report R42632, Budgetary Treatment of Federal Credit (Direct Loans and Loan Guarantees): Concepts, History, and Issues for Congress. |
51. |
In the case of the MMI Fund, offsetting receipts are available to offset the cost of HUD funding for the purposes of the appropriations process. For more information, see CRS Report R42542, Department of Housing and Urban Development (HUD): Funding Trends Since FY2002. |
52. |
FHA can receive funds from Treasury to cover higher-than-expected costs of insured mortgages under permanent and indefinite budget authority granted under the FCRA. The permanent and indefinite budget authority to cover increased costs of loans and loan guarantees is common to all federal credit programs governed by the FCRA and is not unique to FHA. |
53. |
The capital ratio is established by Section 205 of the National Housing Act, codified at 12 U.S.C. §1711. |
54. |
U.S. Department of Housing and Urban Development, Fiscal Year 2015 Annual Report to Congress on the Financial Status of the Mutual Mortgage Insurance Fund, November 16, 2015, p. 22, http://portal.hud.gov/hudportal/documents/huddoc?id=2015fhaannualreport.pdf. The capital ratio calculation for the MMI Fund includes FHA-insured reverse mortgages, known as Home Equity Conversion Mortgages (HECMs). |
55. |
Beginning in FY2017, FHA's annual reports to Congress have presented slightly revised capital ratios for FY2012 through FY2016 as a result of an effort to align certain components of the capital ratio with other FHA financial reporting. The capital ratios cited in the text are the ones that were originally reported, rather than the revised figures. |
56. |
U.S. Department of Housing and Urban Development, Fiscal Year 2014 Annual Report to Congress on the Financial Status of the Mutual Mortgage Insurance Fund, p. 34. While a negative capital ratio does not mean that FHA is currently out of money, it does suggest that the funds that FHA currently has on hand, combined with the amount it expects to earn on mortgages that it currently insures, would not be enough to pay for the losses it expects to incur in the future on the loans that it currently insures. The calculation of the capital ratio does not take into account any mortgages that FHA may insure in the future. |
57. |
U.S. Department of Housing and Urban Development, Fiscal Year 2021 Annual Report to Congress Regarding the Financial Status of the FHA Mutual Mortgage Insurance Fund, pp. 9, 56, https://www.hud.gov/sites/dfiles/Housing/documents/2021FHAAnnualReportMMIFund.pdf. The capital ratio was estimated at 8.03% in FY2021 despite the ongoing effects of the COVID-19 pandemic. FHA noted that the strong capital ratio was driven largely by ongoing house price appreciation, and cautioned about several potential risks to the insurance fund. Such risks include the possibility of a reversal in house price increases and risks posed by the volume of FHA-insured mortgages that are delinquent due to the COVID-19 pandemic. See the discussion under "The Impact of Continued Economic Uncertainty" on pages 64-73 of HUD's Fiscal Year 2021 Annual Report to Congress Regarding the Financial Status of the FHA Mutual Mortgage Insurance Fund. |
58. |
For example, see the list of policy changes that FHA had made since 2010 beginning on page 37 of HUD's Fiscal Year 2016 Annual Report to Congress on the Financial Status of the FHA Mutual Mortgage Insurance Fund at https://portal.hud.gov/hudportal/documents/huddoc?id=2016fhaannualreport1.pdf. |
59. |
U.S. Department of Housing and Urban Development, Fiscal Year 2021 Annual Report to Congress on the Financial Status of the FHA Mutual Mortgage Insurance Fund, p. 88. |
60. |
U.S. Department of Housing and Urban Development, FHA Annual Management Report Fiscal Year 2021, p. 15. |
61. |
Ibid. |
62. |
U.S. Department of Housing and Urban Development, Fiscal Year 2021 Annual Report to Congress on the Financial Status of the FHA Mutual Mortgage Insurance Fund, p. 34. These totals do not include Home Equity Conversion Mortgages (HECMs), which are reverse mortgages insured by FHA. |
63. |
FHA Annual Management Report Fiscal Year 2021, p. 3. |
64. |
See HUD's FHA Single-Family Mortgage Market Share Report, 2021 Q3, p. 4, available at http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/oe/rpts/fhamktsh/fhamktqtrly. Calendar year 2020 data were the most recent full-year calendar year data available as of the cover date of this report. |
65. |
For example, see Robert B. Avery, Neil Bhutta, Kenneth P. Brevoort, and Glenn B. Canner, The 2009 HMDA Data: The Mortgage Market in a Time of Low Interest Rates and Economic Distress, http://www.federalreserve.gov/pubs/bulletin/2010/articles/2009HMDA/default.htm. See also Radian's 2010 annual report, available at https://www.radian.com/who-we-are/for-investors/annual-reports-and-proxy-statements. Page 79 includes a discussion of Radian, a private mortgage insurer, tightening its underwriting standards. |
66. |
FHA increased the mortgage insurance premiums it charges a number of times beginning in 2010 before decreasing the annual premium somewhat at the beginning of 2015. The 2015 premium decrease may have contributed to the increase in FHA's market share in 2015 and 2016 compared to 2014. See, for example, Neil Bhutta and Daniel Ringo, "Changing FHA Mortgage Insurance Premiums and the Effects on Lending," FEDS Note, September 29, 2016, https://www.federalreserve.gov/econresdata/notes/feds-notes/2016/changing-fha-mortgage-insurance-premiums-and-the-effects-on-lending-20160929.html, showing that changes in FHA mortgage insurance premiums tend to be associated with changes in FHA's market share for home purchase mortgages in particular. |