In early February 2023, as part of its broader mission to support and sustain the financing of affordable single family and multifamily housing for all Americans, Ginnie Mae further refined its focus on social responsibility in the mortgage-backed security (MBS) market by launching an enhanced Low-to-Moderate Income (LMI) disclosure as part of its Ginnie Mae MBS program.

By way of background, in 2021, in an effort to accommodate investor interest in investment strategies focused on environmental, social, and governance (ESG) and to further support home ownership initiatives in underserved and lower-income communities, Ginnie Mae launched a required disclosure metric to provide investors with information supporting their sustainable investing decisions and solutions. This ESG data provided pool-level aggregate information about the number of loans and Unpaid Principal Balance (UPB) dollars that are in areas defined as low- and moderate-income by the Department of Housing and Urban Development (HUD). The disclosure aggregates to the pool level the number of loans, % of loans, UPB dollars, and % of UPB dollars across low- and moderate-income areas applicable to the pool. In addition, in 2022, with respect to multifamily MBS, Ginnie Mae began including "affordability of rents" in pool-level data and, to identify properties with environmentally friendly designs such as energy-efficient windows, began identifying "green" pool-level data.

This newly announced data disclosure will augment the 2021 geographical disclosure data by also including the disclosure of the number of underlying loans made to LMI borrowers, the percentage of loans that are LMI loans, the UPB of LMI loans, and the percentage of the UPB for LMI loans as compared to the total pool of UPB. LMI households are classified according to the Federal Financial Institutions Examination Council Median Family Income Report Tables corresponding with the time of loan origination. These disclosures will be provided at the aggregate pool level for Federal Housing Administration (FHA) and US Department of Veterans Affairs (VA) loans originated in and after 2012. The data will include the prior month's activity, meaning that the current month's originations are excluded. LMI data will not be provided for loans that have undergone a streamlined re-finance, as borrower income data is not collected for this program. In addition, the new data is only provided on the monthly MBS Single-Family Pool Supplemental File, not on the Daily or Monthly New Issuance Pool Supplemental Files.

We expect this heightened focus on ESG disclosure to continue and are available to further discuss these disclosure requirements.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2020. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.