Wise Man
4 hours ago
Senator Padilla is right. The unsophisticated judiciary is a big problem.
No matter how you dress it up. Dividend payments are never interest payments, if this is what they are after, after overruling Chevron.
We saw the example of justice Alito, not only talking about "dividend obligation" in order to turn a dividend payment (Changes in Equity on the Balance Sheet. I.e., a distribution of Earnings -CET1-. Restricted.) into interest payment (An expense on the Income Statement. Without restrictions) like the FHFA, the litigants and the FnF management (all of them in court too), evidence that he was egged on, but also outlining what he wanted the endgame to become, and not the reality of the written text and basic financial concepts.
For instance, with the "beneficial to the FHFA", thinking of monetary benefit, when the written text states "in the best interests of the FHFA". The interests in a regulatory agency, with respect to the regulated entities it oversees, are never monetary.
This is why the "blame DeMarco", that started in the Lamberth trials, was defused in time. DeMarco is the one that legalized their actions. The plotters want the judge to legalize them instead, with their twists.
I bet that Justice Alito still doesn't understand that, either on purpose or inadvertenly, he was talking about the Separate Account plan, 1989 FHLBanks-style, which is what really is "rehabilitating FnF" that he pointed out, and upholding all the statutory provisions and basic Finance.
He authorized also keeping the funds owed to FnF for the Making Home Afforfable program, and the use of FnF for Public policies like nowadays (loan sales to minority- and women-owned businesses, etc.)
Finally, the "for cause" removal restriction is constitutional when the FHFA has very limited powers (mentioned by the SCOTUS-appointed amicus, prof. Nielson, representing the FHFA in the Collins case), both as conservator and as regulator, in congressionally-chartered private corporations and with the FHEFSSA that evaluates the financial condition. For that, first he has to acknowledge that the Charter Act exists.
Justice Alito declared it "unconstitutional", so that now Tim Pagliara, the Conspirator in Chief, can claim that it's the President the one in charge of the resolution of Fanniegate, a President in need of public recognition.
It's Congress for the Privatized Housing Finance System revamp chosen in 2011 for the release, jointly with the FHFA and the UST after coming clean about the Separate Account plan, including the refund of the unlawful Credit Enhancement operations, other than the PMI and the Commingled securities (Credit Enhancement clause. Charter Act).
Let alone a refund of the PLMBS lawsuit settlement, net of attorney's fees.
We stand with DeMarco.
UNSOPHISTICATED JUDICIARY
-Chevron deference attempted to legalize unlawful actions, notwithstanding that it's DeMarco who legalized them all.
-Now, no deference,in order to peddle the *blame DeMarco"(abusive conservator)for the h-funds' battered JPS' Implied Contract.#Fanniegate pic.twitter.com/NXvl5QKXxL— Conservatives against Trump (@CarlosVignote) June 29, 2024
Wise Man
5 hours ago
Indeed. "Barron = Rodney" plus other 50 aliases.
Judge Lamberth and judge Sweeney called him "pro se". I call him Mr. Pro Se.
The management should have stored my JPS dividend, he claimed in court.
Clueless.
He thinks that, by filing frivolous lawsuits, he can negotiate a better deal for the battered JPS. This is why he's been filing new lawsuits every time one got dismissed. 4 in total.
Just like the attorney for Berkowitz, the almighty David Thompson, seizing control of other 4 cases (Bhatti, Rop, Collins, Robinson) and, since last week, another one was added with Wazee.
The fate of the JPS is already written. It's called fair value chart under the Separate Account plan, which is a normal Conservatorship carried out secretly, precisely, to allow the JPS holders to negotiate with their frivolous lawsuits.
(*)Chart assessed with a 6% discount rate.
Nowadays, stuck at their par value valuation with this overtime in the conservatorship (Freddie Mac JPS since one year earlier), thanks to the Incidental Power of the conservator, presumably because it wants to get rid of the AT1 Capital instruments (JPS) before the announcement by the Congress of a Privatized Housing Finance System revamp, chosen for the release in 2011 by the UST, at the request of the Dodd-Frank law.
Which is what it already did with the FHLBanks in 2016: "Membership cleansing".
That scenario is only possible with CET1 > 2.5% of Adjusted Total Assets.
Currently, after the redemption of the JPS, FnF could even resume the dividend payments with more than the minimum threshold of 25% of their Prescribed Capital Buffer (Table 8: Payout ratio).
Capital Buffer: amount above the minimum threshold Tier 1 Capital > 2.5% of ATA.
Wise Man
1 day ago
Chevron deference is no where to be seen.
What happens is that, instead, a group of scammers are colluding with the Federal Agencies aiming for the sacking of FnF and the assault on the ownership (Common Stock), under the premise that the FHFA can do whatever it wants.
Very different.
The use the judiciary for the conspiracy, because they are unsophisticated lawyers that ignore that a dividend payment is a distribution of Earnings, not interest payments; The definition of capital distribution, even if it's written in the statute FHEFSSA, they just have to peddle that the law is HERA and not the FHEFSSA, so no one can read the definitions:
-"Beneficial to the FHFA", instead of "in the best interests of the FHFA" in order to transmit the idea that the FHFA can take the capital away in Critically Undercapitalized enterprises for its own monetary benefit;
-Omission of requirement that the actions must be "authorized by this section". For that, you have to learn that "put (restore) in a sound condition" is about building capital, and that would be the Retained Earnings account (CET1).
-Cover-up of the Restriction on Capital Distributions; Exceptions: reduce the SPS and, later on, recapitalization outside their balance sheets or, nowadays, CET1 held in escrow (concealed on their balance sheets, with gifted SPS/offset missing)
-Omission that the rehabilitation of a financial company (FHFA-C's Rehab power) is about their financial condition as seen on their Balance Sheets, currently with a whopping $402B core capital shortfall over minimum Leverage capital level, but a CET1 = 2.8% of ATA under the Separate Account plan, enabling the redemption of JPS.
-SPS LP increased for free and its offset, absent from the Balance Sheets (Financial Statement fraud).
-Etc.
DeMarco was the fix-it man that enabled the regulatory framework that made all their actions lawful, so they could continue to peddle their big lies in court and on social media (a Common Equity Sweep carried out by 3 White House administrations. It's illusion because it doesn't exist in reality).
DeMarco understood it right.
With "deference to a Federal Agency", the plotters wanted the courts to twist the law and legalize the unlawful actions, notwithstanding that they are already lawful thanks to DeMarco and the Separate Account plan, and, since yesterday's Supreme Court opinion overruling Chevron, with the "no deference", now they will seek to peddle the idea of "abusive cosservator" that exceeded its powers, for the "blame DeMarco doctrine".
A #SCOTUS decision re #Chevron that establishes deference for administrative action, can't be used in #Fanniegate for the "Blame DeMarco doctrine".
He deliberately enacted the supplemental CFR1237.12,enabling a follow-on Separate Acct plan.#Trump built on it: Gifted SPS(NWS 2.0) https://t.co/9N0M7imwTP— Conservatives against Trump (@CarlosVignote) June 26, 2024
Thank goodness that this attack with the "blame DeMarco doctrine", which is what entire trial in the Lamberth court was about for the fiction of "breach of Implied Contract", was defused before it happens.
Wise Man
1 day ago
If you don't know where "best interests of FHFA" is located, that starts with "actions authorized by this section", you'd better leave the board.
This was omitted by judge Sweeney (CFC), a former DOJ employee, so she read "take any action in the best interests of FHFA", to conclude "the FHFA is the government".
Judge Willett and justice Alito came to the rescue: "any action within the enumerated powers" and the latter, specified "rehabilitate FnF" (its power: Put FnF in a sound and solvent condition), that is, build capital and reduce debentures (ability to pay off debentures) which is perfect to reduce the taxpayer's assistance asap.
Justice Alito added "in a way..." which is suitable for the Separate Account plan. He simply added on his own "beneficial to the FHFA" to play the hedge funds' game of "the money is gone!" for the assault on the ownership by the Preferred Stocks, when the written text states "in the best interests of FHFA" from the regulatory point of view and in relation to the regulated entities it oversees, that is, the FHFA-way. Images posted below.
And ending up with what it isn't written in the text: "...and the public it serves", which can be used arguably by the UST to keep the $10B-$15B in TARP funds owed to FnF for the Making Home Affordable program, and even continue the utilization of FnF for public policies, like currently the sale of loans to women- and minority-owned businesses, etc., to the hedge funds, PIMCO can continue to build a mortgage portfolio at bargain prices, etc.
By the way, it's written in the Incidental Power of the conservator, whose etymological definition, means: actions that help out the main Power. Thus, it has to be some leeway or some very important activity, but always from the regulatory point of view as mentioned before, not to enrich the government, that even may make FnF incur losses (setting up Common Securitization Solutions -50/50 joint venture FnF- and the CSP, cost more than $1B; Delisting of the only bond on the NYSE and build capital in excess with the purpose of the redemption of the JPS (AT1 Capital. CET1 is more quality), prior to the Privatized Housing Financy System revamp chosen by the UST for the release in 2011 -3 options still -, etc.), or increase risks but, under no circumstance, it could be a way to break existing laws, like the Credit Enhancement clause in the Charter Act and the Restriction on Capital Distributions (FHEFSSA, amended by HERA), primarily because a capital distribution means that you are removing capital at a time when the conservator in charged with rehabilitating FnF, thus, that wouldn't be "authorized by this section".
This was explained clearly by the FHFA, with the exact same words, in the preface of the July 20, 2011 Final Rule (image) that enacted the CFR 1237.12 for the follow-on Separate Account plan, in light of the official declaration of capital distribution in the payment of Securities Litigation judgments (CFR 1229.13. Number 3).
A CFR 1237.12 enacted, because the former FHFA Acting Director understood it right. They were assessment sent to UST, 1989 FHLB-style. This is how you can deplete capital in FnF when it's restricted: when you are building it outside the Balance Sheet at the same time: "to meet the Risk-Based Capital requirement and the Minimum Capital Level" (Exception 1. Though 2, 3 and 4 are the same too, as the whole thing "(c) supplements" the restriction by statute U.S. Code 4614(e). Zing! The Incidental Power right there.
Wise Man
1 day ago
When I said that the debate NWS dividend🆚NWS 2.0 (SPS LP increased for free. Image below), is the same Common Equity Sweep, and thus, there are no winners, I wasn't talking about the Presidential debate on Thursday.
It just happens to be the same protagonists:
Letter to Rand Paul: "A sham, scam, a travesty brought to you by the Obama/Biden Administration"🆚the same brought to you by the Trump Administration.
Fannie Mae-No Politics.
Freddie Mac table: gifted SPS and its offset, are absent from the Balance Sheet.