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To get us back on the path towards a strong, financially sound housing market that offers affordability to American borrowers, the government must also send a message to private investors that they will get a return on their investment. When Fannie and Freddie were in grave danger during the housing collapse, the government sought private investment. Once they returned to profitability, the U.S. Treasury went back on the terms of the original agreement and mandated, with the stroke of a pen, that all profits should go to the Treasury, essentially taking the profits of these investors who took a risk hoping for a return. The Johnson-Crapo approach would have codified this theft of property.
The government should abide by the original terms and choices that were promised. Taxpayers must be paid back, in full, with interest and investors must benefit from these profits as well. A system that discourages private investment by changing terms retroactively will only make the job of the new HUD secretary to encourage home ownership and investment more difficult.
There are many lessons to be learned from the crisis of 2008, including the cost of not reforming properly, and while it is often easy to forget those lessons, we cannot afford to this time. By instituting rules that encourage responsible investing and lending, we can preclude the possibility of the kind of speculative and irresponsible investing that got us into the 2008 housing bubble in the first place.
The ultimate goal, however, is fairness. Fairness for investors, fairness for homeowners, and fairness for taxpayers. Working together we can make certain a new housing finance market operates with private capital, with strong yet limited government oversight, and with respect for the rule of law. Under these principles American homeowners the return on investment and stability they have earned.
Ken Blackwell, a director of the Coalition for Mortgage Security, is a former undersecretary at the U.S. Department of Housing and Urban Development, a former Ohio state treasurer, and former mayor of Cincinnati.