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FHFA Finally Releases PACE Ruling: Did They Repent?

| Written by John Farrell | 3 Comments | Updated on Jun 15, 2012 The content that follows was originally published on the Institute for Local Self-Reliance website at http://www.ilsr.org/fhfa-finally-releases-pace-ruling-repent/

After effectively suspending residential PACE energy efficiency and renewable energy municipal financing programs in 2010 and then being taken to federal court and required to do a revised rule making, the Federal Housing Finance Agency (FHFA) released its revised ruling on PACE programs [pdf] today.

Did they repent from their 2010 assertion that PACE presented a risk to mortgage holders like Fannie Mae and Freddie Mac?

In short, no.

The ruling states:

The Enterprises shall immediately take such actions as are necessary to secure and/or preserve their right to make immediately due the full amount of any obligation secured by a mortgage that becomes, without the consent of the mortgage holder, subject to a first-lien PACE obligation…

The Enterprises [Fannie and Freddie] shall not purchase any mortgage that is subject to a first- lien PACE obligation…

The Enterprises shall not consent to the imposition of a first-lien PACE obligation on any mortgage.

In other words, h*** no.  So residential PACE is still dead and it’s not clear than anything short of a replacement at the top of the FHFA could make a difference.

Click here to learn what is PACE.  You can also read our 2010 report on the lessons learned from early PACE programs, or try to feel better by laughing it off.

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About John Farrell

John Farrell directs the Energy Self-Reliant States and Communities program at the Institute for Local Self-Reliance and he focuses on energy policy developments that best expand the benefits of local ownership and dispersed generation of renewable energy. More

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  • Socal

    Tragic and amazing eh? What bums we got running the show. Oh look a cost effective solution to financing… We can’t have that.

    I talked to Browning about this once. He said it was political. I agree but it’s about money too. Goldman Sachs et al. are making a pile on the 3rd party financing schemes. I’d bet dollars to donuts there’s been an agreement at the top to protect this investment from PACE type competition.

    Best thing to happen would be for the commercial sector to take off. That’s where the big growth is anyways. We’ll have to come back around to residential solar and PACE after the ITC expires.