Rodney5
30分前
Even if? No, it’s not even if, the FHFA Director has the authority to pay down the SPS $301 billion sent to the Treasury more than pays the Treasury draws. Congress gave the FHFA Director the authority to do so.
The Senior Preferred Stock Purchase Agreement SPSPA you keep referring to is an illegal contract not a Federal Statute, an illegal contract between to government agencies. It’s illegal by reason of an illegal commitment fee attached to the Senior Preferred Stock. Federal Statute doesn’t allow the United States government to charge the enterprises.
Mr. Calabria said, “stripping all net value from Fannie Mae and Freddie Mac long after Treasury has been repaid when HERA, and precedent, limit this recovery to the funding actually provided.” Page 4 link below.
NOTE: limit this recovery to the funding actually provided.
Mr. Calabria referenced HERA and precedent. Federal Statutes do not allow the Treasury to attach a commitment fee onto the Senior Preferred Stock. THEREFORE, by reason of Federal Statute, the Treasury owes the companies the overage payment on $191.4 billion total draws from Treasury, plus compounded interest; (recommended interest payment at a compounded rate of return 10%, in conjunction with the amount the FHFA recommended to the Treasury).
https://www.cato.org/sites/cato.org/files/pubs/pdf/working-paper-26_1.pdf
mrfence
7時間前
I get it and that's what my comment addressed. MSM is owned by oligarchs that donate to the swamp creatures that download the narrative to their talking heads posing as reporters. Their fake reporters lack actual talent and imagination. They're not paid to investigate. They're paid to project, repeat, and redirect their owner's fear of change onto others the same way they accuse others of lying, breaking the law, or using lawfare precisely the same way they've done. So I'm serious saying they're going to lose their slush fund which scares them so they want to scare everyone else but they have to make up vague bullshit to do so because telling the truth wouldn't serve their purpose. When all you're told or reported is vague, and loaded with emotionally charged assertions, just realize they're really telling on themselves. Nothings going to change other than who gets the profits.
kthomp19
8時間前
What you are referring to is a discretionary distribution of dividends "A regulated entity shall make no capital distribution if, after making the distribution, the regulated entity would be undercapitalized".
The NWS dividends were specifically allowed by the Supreme Court even though FnF were critically undercapitalized; they cited 12 USC 4617(b)(2)(J)(ii).
the treasury commitment is what is keeping them capitalized.
No. FnF are not even close to being capitalized. This is why they remain in conservatorship. All forms of FnF's regulatory capital (core, Tier 1, CET1) are hugely negative. The funding commitment is not capital.
There is an unlimited amount of funding currently available to them
No. The original SPSPAs, along with the first and second amendments to the SPSPAs, established a limited backstop. If that is exhausted and FnF still have negative net worth for 60 days then FHFA would be forced by law to place them in receivership.
Treasury was not willing to play so Calabria had no choice but to do what he could which was end the cash sweep.
The various letter agreements that have allowed FnF to retain earnings have all been agreed to by both FHFA and Treasury.
Of course this is a bullshit legal theory which makes no sense at all
That statement applies to all of Rodney's legal theories. It's somehow worse than ano (who continues to have terrible takes, but at least he doesn't post them here anymore).
kthomp19
8時間前
Trump and his allies have had four years to position themselves strategically.
Like John Paulson, owner of an enormous amount of junior prefs (about $4B in face value) and no commons. The same person who said that Treasury will end up with 90-95% ownership of FnF commons.
A price of $3 wouldn’t represent a compromise—it would be a capitulation, and that’s not the style of this administration.
Capitulation by whom? Current common shareholders have no power, no voice, and no seat at the table in the coming restructuring. Even Ackman, supposed hero of FnF common shareholders, bought junior prefs to hedge against the possibility that the commons fare way worse than the juniors.
We will win the game for both. JPS and Commons.
Will? How could you possibly know that?
If the commons win then the juniors win, but if the juniors win the common could still lose.
kthomp19
8時間前
I guess he didn’t have the balls to stand up for Congressional Law.
No, it's that he actually understands the law and you don't.
EXCEPTION.—Notwithstanding paragraph (1), the Director may permit a regulated entity, to the extent appropriate or applicable, to repurchase, redeem, retire, or otherwise acquire shares or ownership interests if the repurchase, redemption, retirement, or other acquisition— ‘‘(A) is made in connection with the issuance of additional shares or obligations of the regulated entity in at least an equivalent amount; and ‘‘(B) will reduce the financial obligations of the regulated entity or otherwise improve the financial condition of the entity.’’.
NOTE: REPURCHASE, REDEEM, RETIRE...
WILL REDUCE THE FINANCIAL OBLIGATIONS OF THE REGULATED ENTITY.
You have copypasta'd this so many times and yet you completely miss the word "and" just before (B).
Even if:
1) the FHFA director had the authority to allow FnF to pay down the seniors without Treasury's consent (which they don't per the terms of the SPSPAs)
2) FnF had the cash with which to do so (they don't; current net worth is $147B and the LP balance is well north of $300B)
3) such redemption would "reduce the financial obligations of the entity (it wouldn't; the seniors are not obligations, they are equity)
FnF still wouldn't be able to redeem the seniors without immediately turning around and issuing at least an equivalent amount of new shares. Those new shares would bury existing shareholders in the capital stack just as much as the existing seniors do!
Your continued walls of text that some mistake for research and due diligence are actually logically flawed and do not at all prove the point that you think they do.