Fannie Mae and Freddie Mac: The Time for Reform Is Now
The GSE Investment Thesis
The institutional case for Fannie Mae and Freddie Mac: why the government-sponsored enterprises are indispensable to US housing finance, why their conservatorship was legally and economically unsustainable, and why private shareholders would ultimately be restored. The presentation combines constitutional argument, housing policy analysis, and valuation math. The position became one of the longest-duration and most litigious bets in the fund's history.
“Fannie Mae was chartered to support liquidity, stability, and affordability in the secondary mortgage market.”
Summary
Delivered at the 2014 Ira Sohn Conference as the one-hundred-eleven-slide deck "It’s Time to Get Off Our Fannie," this presentation lays out Pershing Square's long case for Fannie Mae and Freddie Mac. The argument has three layers. First, the guarantee business — insuring credit risk on roughly $5 trillion of U.S. mortgages — is a simple, low-risk, float-generating franchise that the country cannot replace without impairing the thirty-year fixed-rate mortgage. Second, the fixed-income arbitrage portfolio that caused the crisis losses is a separable, run-off business that should be eliminated, not a reason to liquidate the enterprises. Third, the August 2012 "net worth sweep," which redirected 100% of GSE earnings to the U.S. Treasury, exceeded conservatorship authority and amounted to an unconstitutional taking of private shareholders. Ackman's recommendation is not to wind the GSEs down, but to recapitalize, regulate, and release them — a path he argues would protect taxpayers, preserve homeownership finance, and generate hundreds of billions in value for the government.
On the original purpose of Fannie Mae:
"Fannie Mae was chartered to support liquidity, stability, and affordability in the secondary mortgage market."
— Fannie Mae and Freddie Mac: The Time for Reform Is Now, Pershing Square Public Presentation, 2014
On the core guarantee business:
"The GSEs guarantee the timely payment of interest and principal on a ~$5 trillion portfolio of mortgage-backed securities."
— Fannie Mae and Freddie Mac: The Time for Reform Is Now, Pershing Square Public Presentation, 2014
On why the fixed-income arbitrage business had to go, quoting Alan Greenspan:
"The Federal Reserve Board has been unable to find any credible purpose for the huge balance sheets built by Fannie and Freddie other than the creation of profit through the exploitation of the market-granted subsidy. Fannie's and Freddie's purchases of their own or each other's mortgagebacked securities with their market-subsidized debt do not contribute usefully to mortgage market liquidity, to the enhancement of capital markets in the United States, or to the lowering of mortgage rates for homeowners."
— Fannie Mae and Freddie Mac: The Time for Reform Is Now, Pershing Square Public Presentation, 2014
On the government's own description of conservatorship, quoting then-FHFA Director James Lockhart:
"Therefore, in order to restore the balance between safety and soundness and mission, FHFA has placed Fannie Mae and Freddie Mac into conservatorship. That is a statutory process designed to stabilize a troubled institution with the objective of returning the entities to normal business operations."
— Fannie Mae and Freddie Mac: The Time for Reform Is Now, Pershing Square Public Presentation, 2014
On the legal case against the net worth sweep:
"The Net Worth Sweep: (cid:102) Amounts to an unconstitutional taking without just compensation (cid:160) Violates the 5th amendment (cid:102) Exceeded the scope of FHFA’s authority as conservator (cid:160) Effects a wind-down, which is inconsistent with the responsibility to preserve and conserve Fannie and Freddie’s assets"
— Fannie Mae and Freddie Mac: The Time for Reform Is Now, Pershing Square Public Presentation, 2014
On the damage the sweep did to private capital formation, quoting Senator Pat Toomey:
"What comfort can you give to private sector investors considering investing in the future of the housing finance system when they believe that the government arbitrarily changed the rules of the game mid-stream with the Third Amendment?"
— Fannie Mae and Freddie Mac: The Time for Reform Is Now, Pershing Square Public Presentation, 2014
On why competing reform proposals would backfire:
"We agree with the goals of the recent proposals for housing finance reform, but believe the proposals are impractical and will work against the goals they seek to achieve."
— Fannie Mae and Freddie Mac: The Time for Reform Is Now, Pershing Square Public Presentation, 2014
On the core recommendation:
"The best way to maintain widespread availability and affordability of the 30-year, fixed-rate, prepayable mortgage and provide substantial profit to the taxpayer is to reform the GSEs."
— Fannie Mae and Freddie Mac: The Time for Reform Is Now, Pershing Square Public Presentation, 2014
Key Themes
- Wide-Gap Valuation — Pershing Square argued the common stock traded at a fraction of a conservatively capitalized, reformed GSE's future value, with per-share illustrative values of $23–$47 against a then-share price near $4
- Avoiding Extrinsic Risks — the thesis depends on separating the low-risk guarantee franchise from the risky fixed-income arbitrage portfolio and from political proposals that would dismantle the system
- Capital Allocation Discipline — the reform plan centers on retaining earnings, raising equity, and winding down non-core assets rather than returning capital prematurely
- Portfolio Concentration — the bet required the conviction to hold an illiquid, litigation-laden, politically exposed position for years
- The Activist Premium — Ackman treated housing finance reform as a public-policy campaign as much as an investment, lobbying for a specific structural outcome rather than passively waiting for multiple expansion
Context & Significance
This is Act II, the golden era, but the presentation already carries the seeds of the valley that would follow. In 2014 Ackman had just finished the Herbalife and Allergan campaigns and was near the peak of his public influence; the GSE thesis allowed him to deploy the same forensic-public-advocacy model against the U.S. government itself. The mindset is classic golden-era confidence in process: if the legal documents say conservatorship means returning the enterprises to normal operations, then a perpetual net-worth sweep is a breach of the deal, and if the arithmetic says the guarantee business can be recapitalized out of earnings, then liquidation is the value-destroying option, not the safe one.
The honest retrospective note is that direction and timing diverged painfully. Many of the legal arguments found sympathetic courts, and the GSEs did remain indispensable to U.S. housing finance; but the political path to full recapitalization and release stretched across administrations, litigation, and administrative reversals far longer than any deck could model. The position became one of Pershing Square's longest-duration, most litigious, and most politically exposed holdings — exactly the kind of "extrinsic risk" the fund would later try to avoid. Read against the 2016 post-mortem, the deck is a study in how a correct structural thesis can still extract years of opportunity cost and uncertainty from its holder.