Wise Man
2 hours ago
By the way, we see how judge Willett, in the previous screenshot, claimed that FnF had returned to sound condition at the time, referring to the return to profitability, when, in a financial company, soundness is related to the capital levels.
That is, RETAINED earnings (Core Capital).
Adjusted $-216B Accumulated Deficit Retained Earnings account combined as of end of December 2023 and stuck every quarter at that amount with the ongoing Common Equity Sweep (Common Equity held in escrow though, in accordance with the law)
Which reminds me of the 6th Circuit Court of Appeals in the Robinson case with the omnipresent attorney for Berkowitz, David Thompson, with the judge also mistaking sound condition for "the return to profitability, even if a large portion of that profit was sent to Treasury's coffers".
Besides, mistaking solvent condition for the UST's Funding Commitment, when it refers to solvent condition on their own, not with the existence of a UST's Funding Commitment, which existed since the Charter's inception (limited to $2.25B that had to be updated to carry out their Public Mission)
Let alone the judge's radical view, contending that "FnF likely should not return to business as usual". No one asked him for his opinion.
And "nothing in HERA's text requires the FHFA to return the Companies to business as usual", the reason why was appointed a conservator in the first place, the expulsion of the prior management, and with a Power that directs the conservator to restore (put) FnF to a sound and solvent condition. With "may" an imperative in statutes, once the capital has been generated.
This is why the judges are barred from making decisions about FnF. Lack of understanding of financial matters, which is a statutory requisite to become FHFA director and thus, the conservator of FnF.
Rogue officials are using the Judiciary to provide the alibi, and legalize what isn't stated in the law and basic Finance and has ended up with judge Lamberth openly admitting that he wants to grant back dividends to the Non-Cumulative dividend JPS, while FnF remain undercapitalized.
Everybody wants dividends when they are restricted for the recapitalization of FnF: RETAINED EARNINGS.
They should learn that a dividend is a distribution of Earnings in the first place. That's the point. Besides unavailable funds with Accumulated Deficit Retained Earnings accounts.
Wise Man
3 hours ago
"every circuit ***to review*** 4617f" BEEN THERE, DONE THAT.
Judge Willett (Collins case. 5th Cir.) already said that the FHFA exceeded its powers with the NWS dividend. What lies behind your theme of 4617(f).
And yesterday I already commented what the UPMOST judge, justice Alito, replied to judge Willett's half-baked ruling, contending that it must be upheld the prerequisite of Rehabilitation of FnF (Separate Account plan).
This is why it's been considered that they were synchronized (their rulings are more like patches, to extend the announcement of the only Fanniegate resolution)
#FANNIEGATE ATTYS BRING 4617f UP AGAIN
Courts step in if FHFA exceeds its powers.
Willett's half-baked ruling amending Sweeney's ("authorized by this section" deleted)said YES w/ the NWS div, in a Hindes-moment(the 10%div too)
Alito corrected Willett:"Rehab FnF...Can't you read?" pic.twitter.com/2nBGuAxvJ3— Conservatives against Trump (@CarlosVignote) April 29, 2024
Wise Man
4 hours ago
You have calculated TIER 1 Capital, when I'm talking about Core Capital.
Similar, but different. Evidence that you can't follow the arguments.
I'm not going to explain more because, if you don't understand what you write, you can't understand my explanation.
Someone sent you the script.
Fannie Mae is not reporting under GAAP because it's accused of Financial Statement fraud (SPS LP increased for free and its offset, are missing on the balance sheet)
Significantly undercapitalized? How about Critically Undercapitalized with Deficit Capital available?
Fannie Mae had a GAAP positive net worth of $78 billion at YE23, the Enterprise Regulatory Capital Framework excludes the stated value of the senior preferred stock ($120.8 billion), as well as a portion of deferred tax assets, resulting in the Company being significantly undercapitalized.
Please, refrain from replying to my posts, Mr. Pro Se.
Barron4664
16 hours ago
Hi Clarence,
It is quite a confusing situation to wrap one’s head around. There are 3 laws, and 3 potential roles for a Director of FHFA to play. First the Charter act privatized the former gov agencies and created FNMA. The safety and soundness act of 1992 established the framework for regulating the GSEs. Finally HERA came along and modified both the charter act and the safety and soundness act. HERA replaced the original regulator with the new “independent agency” FHFA. The Director of FHFA priority role is to regulate the GSEs based on the requirements enumerated in the statutes. This role of the Director establishes regulations required of him such as the Capitol rule, and new products rule. The Director in this role also issues reports and is supposed to provide in writing, permission for the GSEs to make a capitol distribution from the retained earnings account if the retained earnings account is below the statutory minimum. Thus all of these requirements of the director must follow the Administrative Procedures Act. In other words, the Directors role as regulator is Administrative and subject to potential APA claims. HERA also allows the Director in the regulator role to appoint himself as either a receiver or a conservator of the GSEs. The role of receiver is subject to the enumerated actions in the statutes to achieve the end result of liquefying the GSE. Therefore there is no guesswork to achieve the result. The law states exactly what a receiver is allowed to do. Finally, HERA allows the Director as Conservator to take any action necessary to put the GSE in a sound and solvent position and benefit the FHFA itself. Unlike a receivership, the final result of Conservatorship can’t be guaranteed by statute. It is necessary therefore to provide the Conservator the assumption of correctness in the actions that he takes to achieve the goals of rehabilitation of the GSEs and benefit the FHFA. Congress includes the anti-injunction clause only for the actions taken by the Director acting as Conservator. All of the courts have ruled that only when the Director acting as Conservator acts ultra-vires will a court step in. They have ruled that the Conservator has not acted ultra-vires. To date there have been no legal claims against the Director as regulator for violations of other laws.