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But you have also used the idea that the LP ratchet was its own breach to contend that Treasury is likely to write down the seniors.
This is only an argument for why the shares still trade at above-zero prices. It doesn't refute the argument that since the NWS removed all economic rights, no further amendment or agreement can take anything more away.
Only a court can settle our disagreement as to whether or not the LP ratchets in the 2019 and 2021 letter agreements were a breach of the implied covenant.
In other words, speculative value. That's all either the juniors or commons have right now. No actual economic rights because those were removed by the NWS.
There are tons of ways to structure things so that the SWF gets the economic benefits of owning >90% of FnF common without having to worry about a controlling stake. Giving up voting rights is only one.
There's only one thing that could truly settle this disagreement, which is actually filing a lawsuit. Sound familiar?
Lamberth clearly disagreed with that last part because he didn't allow any damage models other than the price drop one to be used.
The NWS removed all of common and juniot pref holders' liquidation and dividend preference, and the letter agreements kept that status quo in place. What remains?
No, Rick is correct. The Charter Act establishes the GSEs as private companies. That would need to be changed if there is either GSE were to go away, or for a merger to some new company. Changing the Charter Act (law), would require Congress. FHFA as Conservator cannot rewrite the law.
"Breach of implied covenant" is fine because it's not ambiguous. Merely saying "breach" is, which is the problem.
How do you still not get this? A "reasonable shareholder" who bought their shares AFTER the NWS has no expectations for any economic rights ever, because the NWS removed them.
Lamberth said that the NWS caused permanent harm. That permanent harm became the reasonable expectation at that point because the NWS became the most recent amendment
I guess I have to break out the "king of technicalities" crown again here
The controlling interest part isn't a problem. Treasury owned 92% of AIG common and never had an issue with that.
Was CDR totally liquidated, as in all of its assets were sold and creditors paid off? Or did its balance sheet just get consolidated onto WHLR's?
I would need a bit more detail (like answers to my two prior questions) before knowing how applicable this example would be to FnF.
Please do explain to me how your above can apply to our situation.
I have already written this post, and this other one as a follow-up, regarding this same stupid argument (that the juniors can be wiped at all, let alone without the commons also going to zero). It's just schadenfreude-fueled wishful thinking.
It's hard for me to get a read on how Treasury putting its FnF stake into a SWF would affect current shareholders, either common or preferred. There are many ways to structure it.
If someone else can provide similarly rigorous and reasonable arguments for a LP writedown then I will give them serious thought. I have yet to see any, however.
And we're not talking about "people" here. Only you. I'm not on a high-horse here. I'm simply pointing out that your words (only wanting to make money compared to your cost basis) do not jive with your actions (continuing to hold shares even though you could lock in a gain by selling everything). Hypocrisy, plain as day.
What's nonsense is your total mischaracterizations and exaggerations of what I post.
You do if you don't want to be seen as a hypocrite.
Again, breach of contract is not at all the same thing as breach of the implied covenant of good faith and fair dealing. Stop conflating them.
The jury decided that the NWS, which removed all economic rights from FnF's shares, did breach the implied covenant.
After the NWS was signed, reasonable shareholder expectations got reset to "shareholders get nothing ever". How is that even possible to violate?
Financial Times article
I would disagree, but could be where we are heading...
Summary of article from Reddit:
The Financial Times article suggests that Donald Trump should consider creating a Sovereign Wealth Fund (SWF) using Fannie Mae and Freddie Mac, the government-sponsored enterprises (GSEs) that have been under federal conservatorship since the 2008 financial crisis. The idea is to leverage the substantial assets and revenue streams of these mortgage giants to establish a fund that could provide initial capital and facilitate their privatization. This move would aim to reduce the government’s role in the housing finance system while potentially generating significant funds for other priorities, like infrastructure or tax cuts, aligning with broader goals of fiscal efficiency and market-driven reforms. The article likely frames this as a bold, yet complex, strategy that could reshape the housing market and public finance, though it would require careful execution to avoid disrupting mortgage availability or economic stability.
Only KThomp's clock can be directional. The rest of us need to jump through hoops or be deemed to have an invalid position.
That means that any further alleged breach of the implied covenant, like Jester claims with the LP ratchet, has to be proven to have done damage above and beyond that of the NWS itself. That argument can't logically be made...
That's exactly my point. Being directionally correct is much more important than being exactly correct
If all you care about is making money compared to your cost basis, you could sell everything right now and lock in a 100% chance of a gain.
You are welcome to stop whenever you like. And isn't thoughtful discussion supposed to be the point of this board? 😉
Reasonable shareholder expectations are set based on the actual language of contract or amendment, not on their opinion as to the validity or legality of said contract or amendment.
The NWS already completely thwarted the implied covenant by denying shareholders any economic value going forward.
Your name-calling, on the other hand, includes things like calling me "narcissitic" and "smug", which are subjective assessments that have nothing to do with the conversation
WRONG. Note that my sentence started with the word "if".
Wrong again. You don't need to explain the math, but instead the probability and share price outcome for each scenario.
PERMANENT and ONGOING and CURRENT harm are the key words here @kthomp19
Let's say my scenario #4 happens but Treasury only gets 86% of the common instead of 87% and the commons end up at $1.75 instead of $1.50. That would mean that I was technically wrong (since that specific 86%/$1.75 doesn't show up on my list) but in essence correct (in that the commons lose a lot of money from here).
Nitpicking on that level doesn't disprove my methodology at all. I don't have to account for millions of scenarios (that still wouldn't cover every possibility) in order to make a rigorous framework.
No consideration for gains at all? Or the opportunity cost of a small gain or breaking even on the common when the juniors triple or more due to their own conversion?
try and score cheap points via name-calling and technicalities
If you think your model is so much better than mine, post it.
A fourth-grader could handle the math
Yes, we have been through this before, but you are the one who has things wrong here.
Jury verdicts have no precedential power in other circuits or in other cases, and the fact that the NWS was found to have breached the implied covenant means any actions taken by FnF afterwards that don't harm shareholders relative to the NWS not a breach themselves because Judge Lamberth said reasonable investor expectations are set as of the most recent change in the contract (which was the NWS itself when it comes to future alleged breaches).
All that means is none of your scenarios has a greater than 50% probability. In my 7 scenarios, the highest probability is 40%. That means there is at least a 60% chance that I'm wrong.
You keep saying the same things and asking the same questions, and continue to misread the situation.
The jury verdict can still be appealed, was for a pittance in damages, and has no precedential power at all.
But why would those new methods be better for FnF legacy common than they were for AIG?
We should sticky this for the links!
The old saying goes: Expect the Unexpected... But does anyone know how to do this? Does anyone have a model that assumes a significant possibility that none of their known "probabilities" will actually come to fruition?
I always give a 50% or greater probability that I'm wrong. It's like including a bet on the "field" rather than a specific outcome.
I have never, NEVER, NEVER, seen or heard of a consultant who deals with the Government that had an original thought.
I owned shares in FREQ for a little while. It was called Frequency Therapeutics.
Blah, blah, blah...
2) Could convert the seniors instead just as easily
Technically, I am selling. I have a small GTC limit order set at $42. 🤑
Between Senator Warren grilling Pulte on the FHA delinquency rates, and Scott Turner talking about quarterbacking the GSE release, it would not surprise me at all if some of them are a little confused about the difference between FHA and FHFA. Unless they are accidentally unveiling a Federal agency restructuring that is part of a future plan.
All this will take to start the ball rolling is an EO or closed-door directive from POTUS to Bessent and Pulte - just takes Treasury and FHFA. No Congress needed, no HUD involvement needed.
- Lower the ECRF to 2.5%
- Write down the Seniors
- Provide the plan for release with public comment period (the plan should include:)
- Converting JPS if necessary
- SPO if necessary depending on how long it takes to reach capital thresholds
- Exercise as few warrants as necessary to appease "taxpayers" and commit to remaining left to expire
- Relist on NYSE
Then sit back and watch the magic happen!
Agreed - I think one of the first steps will be capital requirement will get dropped to 2.5% and we can hit that natively in the next year with no secondary raise needed.
Hey Louie,
This does get interesting when I run the numbers for various amounts less than the full 79.99%. The GSEs have already paid back 301B on 191B of disbursements, or $110B profit. How much more will Treasury need? Let's say they want $81B more, so they get $191 total for double their investment. That would be quite a bit less dilution than exercising all the warrants.
If they just pulled $81B out of only FNMA and ignored FMCC - it would be something like:
Legacy Common - 1.158B
SPS LP - 0
Warrants - 970M
SPO - 300M (just for good measure - to add $25B for capital requirements)
JPS Conversion - 230M
Total Common = 2.658B shares
Assuming market cap of $222.3B ($16/shr x PE of 12). This makes each share worth approx $83. Of course, they wouldn't take from just FNMA and not FMCC, so maybe it's a 50B/31B split or something which would put the shares over $100. Anything over $100 per share, and I'm not fighting anything. :)
Not where you claimed we would be, which is me only telling you to file a lawsuit or shut up. Note how that didn't actually happen, which proves your accusation that I use my signature line to shut down debate false.
You just can't get enough argumentum ad populum, can you?
You don't get to set the rules here. Your participation is voluntary.
This carries the implicit assumption that the market is always correct and/or rational.
How can you estimate a future share price using your purported scenarios without using probabilities? I am genuinely curious to hear the details of this type of strategy.
Treasury's return on FnF alone is already over 50% and they still haven't written off the seniors or cancelled the warrants. That contradicts your argument
Something like 10% chance of 6, 30% of 8, 50% of 10, 10% of 12 is close enough. That comes out to an average of 9.2. I think Ackman's 15 is far too high: it could be accurate in 2027 but if the juniors are converted and capital is raised, those would occur sooner and thus at lower multiples.