navycmdr
7 시간 전
email from Rule of Law Guy:
FHFA Recovered $25 Billion on Behalf of the GSEs in GFC Fraud Litigation Against Originating Banks.
That Money Went to Treasury.
Shouldn't That Be Added to Treasury's Total Recovery From It's SPS?
The Answer, of course, is YES.
Which Means that Treasury has Recouped $326 Billion from its $187 billion GSE Senior Preferred Stock Investment
Rule Of Law Guy - Mar 8
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It is a little recognized fact that FHFA litigated, on behalf of the GSEs, against several national banks which originated mortgages that were sold to the GSEs in the period leading up to the Great Financial Crisis in 2008, and which also led to the GSEs’ conservatorship and Treasury’s $187 billion GSE senior preferred stock investment (“SPS”).
It is an even less recognized fact that FHFA recovered some $25 billion in damages from settlements in that litigation (the consolidated case is Federal Housing Finance Agency v. Deutsche Bank AG et al, U.S. District Court, Southern District of New York, No. 11-06192, before Judge Denise Cote).
It is difficult to source these facts.
FHFA used to have a webpage setting forth this information, but it has now been deleted. For example, FHFA Office of Inspector General referred to this litigation at footnotes 35 through 39 of its report on Enterprise Reform, but FHFA has deleted the webpages to which these footnotes refer.
One source that documents FHFA’s $25 billion recovery on behalf of the GSEs comes from the website of one of the legal counsel that FHFA retained to conduct that litigation, Selendy/Gay¹
Selendy/Gay states the following, among its representative engagements:
Federal Housing Finance Agency, for over seven years in the Southern District of New York and the District of Connecticut, as lead counsel across FHFA’s entire platform of RMBS litigation, obtaining $25 billion in recoveries for U.S. taxpayers in residential mortgage-backed securities suits against Bank of America, Barclays, Citigroup, Credit Suisse, Countrywide, Deutsche Bank, First Horizon, Goldman Sachs, HSBC, JPMorgan, Merrill Lynch, RBS, and UBS.
Why is this relevant?
In the process leading up to an anticipated GSE recap/release under Trump 47, there will be negotiations between Treasury and FHFA as to what additional economic return Treasury should be entitled to in connection with Treasury’s SPS.
Treasury’s SPS investment totaled $187 billion between both Fannie Mae and Freddie Mac.
As for Treasury’s return on the SPS to date, the GSEs report in their financial statements that they have paid back to Treasury an aggregate of $301 billion (denominated under the net worth sweep provisions of the SPS as dividends).
This has resulted in Treasury earning a 11.4% IRR on its SPS. See p. 73 of Ackman’s recent GSE slide deck.
This return to Treasury of $301 billion from the GSEs is expected to be used by Treasury and FHFA to determine what additional return Treasury should be entitled to, through its 79.9% warrant position in each GSE, in connection with GSE recap/release.
Isn’t this $301 billion return figure $25 billion short of Treasury’s actual return?
The $25 billion aggregate recovery that FHFA recouped from banks’ fraudulent selling of mortgages to FHFA was the GSEs’ money, the recovery of the GSEs” damages. However, under the GSE conservatorship, this $25 billion aggregate amount went directly to Treasury.
In considering whether Treasury should cancel its SPS for no additional value in connection with GSE recap/release, shouldn’t Treasury, FHFA and the GSEs all agree that Treasury has recouped $326 billion from its investment in the SPS?
* * * * *
As always, this substack provides investment analysis, not investment advice. Do your own due diligence.
1
FHFA retained the firms Quinn Emanuel Urquhart & Sullivan and Kobre & Kim as well to represent it. Phillipe Selendy, formerly of Quinn Emmanuel, formed his own firm in 2018 after leaving his former firm, where he developed his reputation as the “go to” lawyer for mortgage fraud and misrepresentation lawsuits on behalf of plaintiffs.
Rodney5
14 시간 전
Kthomp, thanks for correcting my mistake. Actually, I knew this before posting the writing wasn’t thinking at the time… See, it’s easy admitting I was wrong, you should try it sometime.
-R “ The number of shares outstanding depends on price per share at the time converted.” wrong
-Kt “ The conversion does not have to depend on the then-prevailing market price at all.” correct
WARRANTS: Fannie Mae’s common stock outstanding 1,158,087,567 diluted by the warrants at 79.9 percent 4,603,542,119 adds a total of 5,761,629,686 shares outstanding, ( anyone is welcome to check my math).
The major difference between AIG and Fannie Freddie, the companies have a Federal Charter where AIG does not. And the companies has sent to the Treasury $301 billion… Federal Statute prevents a commitment fee attached the Senior Preferred Stock. What we need is a news outlet like the Wall Street Journal to publish the truth about Congressional Law that governs the GSE’s.
The company gave away the Senior Preferred Stock for free along with the 79.9 % warrants to be purchased at a nominal price. The Treasury did not pay to the company a billon dollars, only a promise of an illegal commitment on a line of credit.
Quote: “We did not receive any cash proceeds from Treasury at the time the senior preferred stock or the warrant was issued.” End of Quote
page 25 Form 10K December 31, 2008
link: https://www.sec.gov/Archives/edgar/data/310522/000095013309000487/w72716e10vk.htm#304;;;;
Senior preferred 1,000
Page 143
Quote: “If the warrant is exercised, the stated value of the common stock issued will be reclassified as “Common stock” in our consolidated balance sheet. Because the warrant’s exercise price of $0.00001 per share is considered non-substantive (compared to the market price of our common stock), the warrant was evaluated based on its substance rather than its form.” End of Quote
TightCoil
1 일 전
Now 39 Days Above $5.00!
FNMA
Date - PPS --- Volume
Mar 7 - $5.82 - 23,007,578
Mar 6 - $6.06 - 8,763,005
Mar 5 - $6.62 - 7,328,663
Mar 4 - $6.38 - 14,539,070
Mar 3 - $6.49 - 6,416,124
Feb 28 - $ 6.40 - 6,838,175
Feb 27 - $6.54 - 8,838,147 - Ain't they supposed to Re-List Us?
Feb 26 - $6.30 - 8,568,491
Feb 25 - $6.2457 - 11,457,437
Feb 24 - $6.81 - 12,116,881
Feb 21 - $7.27 – 12,226,299
Feb 20 - $7.45 – 18,465,326
Feb 19 - $7.70 – 12,390,202
Feb 18 - $7.25 - 13,978,600
Feb 14 - $7.089 - 10,474,587
Feb 13 - $6.74 - 12,756,457
Feb 12 - $6.93 - 8,596,324
Feb 11 - $6.82 - 5,052,103
Feb 10 - $6.70 - 7,983,887
Feb 7 - $6.61 - 7,822,510
Feb 6 - $6.85 - 32,439,154
Feb 5 - $5.98 - 13,605,816
Feb 4 - $5.48 - 5,756,414
Feb 3 - $5.16 - 13,762,512 (oversold)
Jan 31 - $5.49 - 5,825,993
Jan 30 -$5.65 - 5,238,534
Jan 29 - $ 5.66 - 11,557,830
Jan 28 - $5.74 - 11,902,328
Jan 27 $5.46 - 17,666,323
Jan 24 $5.74 32,035,179
Jan 23- $6.50 - 9,201,548
Jan 22 - $6.85 -18,576,012
Jan 21 - $7.01 - 35,380,100
Jan 17 - $6.91 - 36,487,200
Jan 16 - $5.40 - 41,137,700
Jan 15 - $6.21 - 46,566,200
Jan 14 - $7.04 - 53,693,000
Jan 13 - $5.49 - 16,501,000
Jan 10 - $5.26 24,269,000