Fannie Mae-No Politics (FNMA)

[kthomp19]

Fake news that the defendant is Fannie & Freddie

In Lamberth's case, the defendants are:

1) FHFA
2) Sandra Thompson
3) Fannie Mae
4) Freddie Mac

The proof is on page 1 of Lamberth's summary judgment ruling:

Defendants the Federal Housing Finance Agency (“FHFA”) as conservator for Fannie Mae and Freddie Mac, FHFA Acting Director Sandra L. Thompson, Fannie Mae, and Freddie Mac move for summary judgment on plaintiffs’ remaining claims in both of the above-captioned cases

It should say "Director" instead of "Acting Director" now that Sandra Thompson has been confirmed by the Senate, but that's just a clerical error.

What actually is fake news is the idea that FnF themselves won't be the ones that would pay any damage award. Lamberth said in 2018, on page 25:

Here, of course, the analysis is complicated by the fact that it can be difficult to tell where the government ends and the GSEs begin. Obviously, the FHFA is a federal agency. But when it acts as conservator, the FHFA "steps into [the GSEs] shoes, shedding its government character and also becoming a private party." Meridian lnvs. , Inc. v. Fed. Home Loan Mortg. Corp. , 855 F.3d 573, 579 (4th Cir. 2017); Collins v. Mnuchin, No. 17-20364, 2018 WL 3430826, at *8 (5th Cir. July 16, 2018). And "the FHF A ' s adoption of the Third Amendment . . . was taken on behalf of the [GSEs]." Perry II, 864 F.3d at 631. Thus, the complained-of conduct by the FHFA is that of the GSEs, not the government.

That last sentence makes it quite clear that FnF are the ones responsible for any damage payments.