Senate Dems Raise Concerns Over FHFA Directive On Crypto In Mortgage Underwriting – NMP Skip to main content

Senate Dems Raise Concerns Over FHFA Directive On Crypto In Mortgage Underwriting

Jul 28, 2025
U.S. Capitol Building

Letter calls for consulting with independent experts, regulators before any changes made

Four Senate Democrats and one Independent are pressing Federal Housing Finance Agency (FHFA) Director William J. Pulte to justify his recent directive calling for Fannie Mae and Freddie Mac to explore the use of cryptocurrency assets in mortgage underwriting.

“Expanding underwriting criteria to include the consideration of unconverted cryptocurrency assets could pose risks to the stability of the housing market and the financial system,” the senators wrote in a letter sent last week.

The letter was sent by Sens. Jeff Merkley (D-OR), Elizabeth Warren (D-MA), Chris Van Hollen (D-MD), Mazie Hirono (D-HI), and Bernie Sanders (I-VT), who warn that such a move could destabilize the housing market and introduce risks to borrowers.

The lawmakers cited crypto’s volatility, liquidity issues, and susceptibility to scams and cyber theft as key concerns, arguing that:

  • The FHFA directive contradicts existing federal mortgage standards, which only permit crypto assets once converted to U.S. dollars with appropriate documentation;
  • A borrower holding crypto reserves might not be able to convert assets to cash at the needed time or price, increasing default risk; and
  • Crypto assets are often vulnerable to fraud, theft, and hacking — with limited recourse for consumers.

The senators also raised potential ethical conflicts surrounding the FHFA directive, pointing to Pulte’s dual role as both FHFA Director and Chairman of the two government-sponsored enterprises’ boards. 

The letter further notes:

  • Reports that Pulte’s spouse holds up to $2 million in crypto assets;
  • What the senators call FHFA’s “lack of transparency” about the directive’s development, including risk analysis, stakeholder input, or intended timeline; and
  • The GSEs should consult with independent regulators or experts free of crypto-related financial conflicts.

Noting past failures involving crypto-exposed banks in 2023, the senators said the directive echoes earlier regulatory lapses. They seek responses to a series of questions by August 7, 2025, including whether the FHFA has conducted a formal risk analysis or consulted third-party market participants like mortgage insurers or MBS investors.

“Any change to Enterprise policies can have market-shifting effects,” they concluded, stressing the need for oversight and public clarity.

When FHFA Director Pulte issued the directive in late June, he indicated there has already been "significant" study of the matter. 

“After significant studying, and in keeping with President Trump’s vision to make the United States the crypto capital of the world,” Pulte wrote, “today I ordered the Great Fannie Mae and Freddie Mac to prepare their businesses to count cryptocurrency as an asset for a mortgage.”

“I want people who own cryptocurrency to be able to buy homes like everyone else. I believe cryptocurrency is an asset," Pulte added in a follow-up post on X: I believe Americans should be able to use their crypto if they want to — it's time the housing system caught up.”

About the author
Published
Jul 28, 2025
CFPB Issues AI Underwriting Guidance On Adverse Action Notices

The agency says proprietary and machine-learning models do not relieve lenders of their fair lending and disclosure responsibilities

VantageScore Says 4.0 Model Could Unlock $1 Trillion In Mortgage Originations

New study says VantageScore 4.0 scores five million more creditworthy borrowers than FICO Score 10T, expanding lending opportunities as the industry prepares for the GSE credit score transition

MISMO Updates Mortgage Insurance Standards To Support FICO 10T, VantageScore 4.0

New implementation guide standardizes mortgage insurance data exchange, helping lenders, insurers and technology providers prepare systems for newer credit scoring models

Congress Weighs New Roadmap To End Fannie, Freddie Conservatorship

Rep. Scott Fitzgerald's three-bill housing package would establish a statutory framework for releasing the GSEs while expanding construction lending and easing some TRID compliance requirements

CHLA Backs Bank Capital Proposal, Questions Impact On Mortgage Lending

Trade group supports lower mortgage risk weights but says broader market forces — not capital rules — drove banks' retreat from the market

Senate Passes 21st Century ROAD To Housing Act In 85-5 Vote

Sweeping housing package heads back to House after Senate clears final version with broad bipartisan support