INC POWER: IN THE BEST INTERESTS OF FHFA-C,NOT @FHFA
"Authorized by this section". It should've been Act,like FDI Act.Drafted by Calabria?
Power: S&S condition. FHFA chose solvent 1st(reduce SPS)instead of soundness(1st,Recap until Undercap for release,then reduce SPS)#Fanniegate
Other examples of this Inc Power:
-The best interests of FnF is recapitalization(earnings),but FHFA chose a prudent stance forcing them to over-reserve for future losses(more than 2x the actual credit loss through 2011),increasing the losses(SPS)
-Selling off loans to reduce risk
Multiple examples of what a conservator can do,instead of focusing on earnings.What also is behind the word "may".But once FnF post earnings (C. Capital),it's kept for Recap.
Scotus interpreted it w/ "in the best interests of the Agency and,by extension,the public it serves".Sick
FHFA-C could've recapitalized FnF to Adeq Capitalized,before start repaying the SPS. @USTreasury doesn't care(SPS's cumulative div).Although the Warrant is a security authorized (iii)to protect the taxpayer,i.e.,collateral(barred in the Fee Limitation).It lowers a low rate to 0%.
The idea that FHFA-C chose SPS reduction 1st, surges when it authorized Capital distributions.The law only authorizes it for the reduction of SPS,otherwise restricted.A div is Capital distribution.
In 2011,the ill-conceived CFR1237.12,for Recap(SPS about to be repaid)
SECRET PLAN
THE SCOTUS OPINION CALLS THE NWS "PATH OF REHABILITATION"
It bought @TheJusticeDept's argument contending that the NWS was necessary to preserve the UST funding commitment,as the 10% div made(losses)FnF request draws from UST to pay it,depleting the funding commitment.#Fanniegate
The Justice mixed up the Authority of UST to Purchase Obligations (SPS) that HERA required the emergency determination(ii)to prevent disruptions in the availability of mortgage finance, with the rehabilitation of FnF, which is exclusively the FHFA-C's power: "Put FnF in a sound
and solvent condition".I.e.,Recap and reduce the SPS,resp,what the Restriction on Capital Distributions and exception B,are about.
He mentioned the deadline to purchase obligations under this provision(g):Dec 2009,related to the purchase,not future purchase w/ funding commitment.
ACTING @FHFA DTR,S.THOMPSON,SPENT 23 YRS AT THE FDIC BOD PRIOR JOINING FHFA IN 2013
HERA mirrors the FDI Act.Thus,it has the same:
1-Restriction on Capital Distribution:threadreaderapp.com/thread/1378953…
2-Conservatorship section:conservator's Power,Inc Power,etc.#Fanniegate@TheJusticeDept
FDI Act: 12USC1821(d); 12USC1831o(d)
1-In the link posted,it's explained that HERA amended the FHEFSSA to remove the Restr on Capital Distribution from each Capital classification(Conservatorship included)and put a single provision replica of the FDI Act,at the end of the section
Capital Classification,w/ the goal to conceal it,as in the FDI Act is a stand alone provision APPLICABLE TO ALL FIN INSTITUTIONS (IN GNRL)
2-@Scotus based its opinion on the Inc Power:any action...but skipped
"authorized by this Chapter":FDI Act
"authorized by this Act":FDIC rule
I EXPECT THE @WhiteHouse TO OVERRULE THE FLAWED @SCOTUS' OPINION
A "strike the shareholders,side w/ the Govt"-type of opinion.
Based on the @FHFA-C's Inc Power "in the best interests of the Agency". The Justice adds "by extension, the public it serves".#Fanniegate@TheJusticeDept
It seems that he copy/pasted the flawed ruling from J.Sweeney:
1-The Justice omits that the provision begins referring to "Agency,as conservator".It can't conclude "authorization to serve the public"
2-The Justice omits the phrase "authorized by this section" in the same sentence
clearly,serve the public isn't authorized by the section of the Conservatorship, e.g., the FHFA-C's power.
The Justice now claims that the rehabilitation mandate is related to serve public interests,like a NWS.Of course!
Rehab is its power "put FnF in a sound & solvent condition"
WHAT'D I DO?
Financially,it's better a Govt taking over the common stocks(the JPS are redeemed by FnF or stay;No Voting Right)than a $182b refund.
A fair value could be the sector's PER 13,but I'd try to subtract the cost of Moral/Punitive damages from the price tag.#Fanniegate
Then, the price of the Taking would be:
FNMA =$181ps
FMCC =$235ps
Calculated with an average of the adjusted EPS in the 4Q2020 and 1Q2021.
The resulting PER is 11.3 times.
Market Capitalization=$362b
Moral & Punitive damages(13%/12%)=$52b, defrayed by @TheJusticeDept.
Total=$415b
In the end,in a Taking we can't complain if the fair value is justified,but it's a subjective value. We don't get to sell the stocks to @USTreasury.Our stocks are taken away.
Reminder:@FHFA-C has to use its Inc Power prior day 1,to enable the redemption or refinancing of the JPS.
.@FHFA's PREMEDITATION WHEN IT CARRIED OUT THE SECRET PLAN: STOCK PRICE MANIPULATION
2011:It enabled the continuation of the plan of distributing Capital to UST,but earmarked for other purposes(reduce SPS)by saying "it's intended to supplement" the law.#Fanniegate@TheJusticeDept
Corroborated also in the preface of the Final Rule,making clear that there is a law that contemplates the Capital distribution while in Conservatorship(besides talking about its Rehab power)
🚨A Federal Agency can't supplement a law,only Congress can do it,unless required by law.
Had it not approved the 12CFR1237.12 (1)for Recap, the div to the UST would have had to come to a halt in 2013 and 2014, for FMCC and FNMA, resp., because it's when I estimate that is when the SPS were fully reduced under the exception B to the FHEFSSA's Restr on Capital Distrib.
THE @US1stCircuitCt SLAMS THE CONSPIRATORS' SLOGANS REGARDING
-The SPSPA is a contract
-The SPSPA is the backstop
-FHFA went out there to find financing in 08
Actions PURSUANT TO AN AUTHORITY IN THE CHARTER.Guess what! There are more provisions!#Fanniegate@TheJusticeDept@Scotus
The judge cites an authority of UST(added by HERA)to purchase UNLIMITED YIELD obligations SPS +Warrant(iii)to protect the taxpayer.
But a provision W/ THE SAME NAME,already existed in the Charter w/ low cost funding,consistent w/ the provision FEE LIMITATION that bars the Warrant
The UST backstop is the Charter,not the PA.
HERA allowed the 10%/NWS div,but the FHEFSSA restricts the Capital distributions unless it's applied towards SPS repayment(exception B).FHFA added(2011)a fraudulent exception(1)for Recap.
Low cost funding prevails: 0% due to collateral.