Transcript THE NEED FOR A STRONGER GSE REGULATOR JAMES B. …

Federal Home Loan Bank Membership
For Community Development
Financial Institutions
Sylvia C. Martinez, Senior Adviser
Federal Housing Finance Agency
February 22, 2009
File Name: CDFI Presentation for CFED-smtz
About FHFA
On July 30, 2008, the Housing and Economic Recovery Act of 2008 (HERA) was
enacted, creating FHFA with the combined responsibilities of the Office of
Federal Housing Enterprise Oversight (OFHEO), the Federal Housing Finance
Board (FHFB) and the HUD GSE mission team.
HERA also provided FHFA with additional authority to regulate Fannie Mae,
Freddie Mac and the 12 Federal Home Loan Banks.
2
FHFA Regulations on CDFI Membership.

The Housing and Economic Recovery Act of 2008 authorized formerly
ineligible Community Development Financial Institutions (CDFIs) to
become members of a Federal Home Loan Bank (FHLBank.)

The FHFA, as supervisor of the Federal Home Loan Banks, is responsible
for publishing regulations and issuing guidance to implement the
provisions in HERA. The FHLBanks administer the membership
application process.

General requirements for membership in a FHLBank can be found in the
Code of Federal Regulations at Title 12 Part 1263 et seq. [Link:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=%2Findex.tpl.
Click on Title 12 and then on 1263.]

The final rule governing CDFI membership , along with the explanatory
preamble can be found in the FHFA web site at
http://www.fhfa.gov/webfiles/15336/CDFIPR122909F%5B1%5D.pdf.
3
About the Federal Home Loan Banks
 Federal Home Loan Bank System is a cooperative consisting of 12 Federal
Home Loan Banks owned by their member financial institutions.
 Over 8,000 FHLBank members.
 FHLBank membership is made up of insured depositories (thrifts,
commercial banks and credit unions) and a small number of insurance
companies.
 HERA enabled Community Development Financial Institutions (CDFIs)
that are not insured depositories to also become eligible for membership.
 There are 12 FHLBank Districts. FHLBank membership is determined by
the District where the member has its “principal place of business”.
4
Federal Home Loan Bank District Map
12 Federal Home Loan Bank Districts
Seattle
Boston
Chicago
Des Moines
San Francisco
New York
Pittsburgh
Indianapolis
Topeka
Dallas
Cincinnati
Atlanta
5
Benefits and Requirements of Membership


BENEFITS:
 Access to FHLBank advances (loans), credit products, dividends and
member services.

Capital for liquidity, asset/liability management, and housing
finance.

Access to Affordable Housing Program (AHP) and Community
Investment Program (CIP) funds.
REQUIREMENTS:
 Statutory minimum stock purchase and activity-based stock purchase
requirements. Each FHLBank has different stock purchase
requirements based on its capital plan. Class B stock can only be
redeemed at par and with five-year notice.

Member must pledge eligible collateral for advances. Long-term
advances (greater than 5 years) can only be used for housing finance.
6
About Certified CDFIs

CDFI Fund Certification: promoting community development as primary
mission, be a financing entity, serve one or more target markets, provide
development services, maintain accountability to its target market(s), and,
with the exception of Tribal governments, be a non-government entity.

There are 834 certified CDFIs*:
 72 Bank or Thrift CDFIs
 165 Credit Unions
 23 Depository Institution Holding Companies
 550 Loan Funds
 24 Venture Funds
* Source: CDFI
Fund, Certified Financial Institutions by Organization Type as of 12/31/09.
7
Newly Eligible CDFIs

Approximately 125 CDFIs insured by the FDIC or NCUA were already
members of a FHLBank prior to passage of HERA.

Newly eligible members: CDFI Fund-certified loan funds, venture funds,
bank holding companies, and state or privately insured CDFI credit
unions (if any). Most CDFI credit unions are insured by NCUA and were
already eligible prior to HERA.

Most newly eligible members are loan funds, almost all of which are nonprofit institutions.

CDFI bank holding companies can apply for membership through their
insured depository, possibly to greater advantage than through the
holding company.

Venture funds might not meet membership threshold home mortgage
and home financing standards.
8
Threshold Membership Requirements

Applicant must be subject to inspection and regulation. CDFIs not
insured by the FDIC or NCUA must be certified by the U.S. Treasury
Department’s CDFI Fund.

Duly organized under state or federal law. Final rule adds “tribal
law”.

Character of management shall be consistent with sound and
economical home financing.

Sound financial condition such that the FHLBank can safely make
advances.

Member shall make long-term mortgage loans and its mortgagerelated assets must reflect a commitment to housing finance.
(Interpretation of a commitment to housing finance can be broadly
construed to include community development activities supporting
housing finance. )
9
“Makes Long-Term Home Mortgage Loans”

Federal Home Loan Bank Act and Regulatory Tests:
1) Does the applicant make first-lien mortgage loans?
2) Are loans secured by real estate (fee simple or leasehold)?
3) Is the property being used for residential purposes (one or more
homes on property)?
4) Is the loan term greater than 5 years?

Loans that Qualify: First-lien loans on single-family (1-4), mortgages on
multifamily residential properties, and, interests in long-term mortgages
or mortgage pass-through securities.

Real property manufactured housing loans to finance resident-owned,
leased homes, or co-ops also qualify. This includes first-lien loans for
community facilities or infrastructure if property is used for residential
purposes and at least one dwelling is located on the property.

Second liens, acquisition loans, pre-development, bridge and
construction loans generally do not qualify. FHFA may review on case10
by-case basis.
Documentation of Financial Condition
Basic Documentation Required for Membership:

CDFI credit unions not insured by NCUA submit state regulatory
examination reports.

Non-regulated CDFIs (e.g. loan funds) must submit a statement audited
by a CPA within the prior year, statements for the two years prior, and
quarterly statements. Statements must meet schedules and disclosures
described in the FHFA’s final rule.

If a CDFI loan fund or venture fund anticipates not meeting, or is found
by the FHLBank not to meet, the financial condition standards in the rule
it can submit additional information to the Bank to rebut the
presumption of non-compliance.

CARs™ statement to rebut presumption of non-compliance is acceptable
but not mandatory.
11
Financial Condition Ratios for Membership

Net Asset Ratio: Ratio of net assets to total assets of 20 percent including
restricted assets in both net and total assets.

Earnings: Pattern of positive net income based on rolling average of last
3 years.

Loan Loss Reserves: Ratio of loan loss reserves to loans and leases 90
days or more delinquent, including loans with recourse, must be 30
percent.

Liquidity: Operating liquidity ratio of 1:0 for four most recent quarters
and for one or more of last two years.

Deficiencies in financial condition can be rebutted by additional
evidence demonstrating the safe financial condition of the CDFI.
12
Eligible Collateral for Advances

Federal Home Loan Bank Act Collateral Requirements:

Fully disbursed whole first mortgages or mortgage securities.

Securities issued, insured, or guaranteed by the U.S. government or
government agency, including Freddie Mac, Fannie Mae, and GNMA
securities.

Cash or deposits in a FHLBank.

Other real estate-related collateral acceptable to the Bank if the value
of the collateral can be ascertained and the Bank can perfect its
interest in the collateral.
13
Analysis of CDFI Financial Condition

As financial institutions, the CDFIs have much in common with
conventional financial institutions, but there are key differences.

Component capital and capital ratios of insured depositories and CDFIs
are not equivalent.

Business and risk profiles are different.

Financial analysis applicable to for-profits is not applicable to nonprofits. This is not a weakness. CDFIs have unrecognized strengths.

Key for a FHLBank is differentiating real risk from the perception of risk.
14
Meeting Challenges Ahead

Recognize areas of mutual interest.

Understand each others’ mission, business lines and imperatives.

Think “how to” instead of “why not”.

Remember: The AHP was born out of a financial crisis. At the time,
there were once many who doubted its success.

Over time, partnerships will evolve from proactive problem-solving.

The FHFA’s Division of Federal Home Loan Bank Regulation will
provide interpretive guidance as needed and will monitor progress.
15