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Wednesday, November 02, 2022 6:16:56 AM
While HERA authorized FHFA to act in the best interests ofthe GSEs, the FHFA, or the public,
It's explicitly stated that "any action" must be "authorized by this section" (omitted by the SCOTUS and judge Sweeney) and take their capital away isn't authorized, as it depletes Capital at a time when the Conservator is mandated in its Power to put FnF in a sound and solvent condition. Soundness means Capital levels and solvency is Net Worth, that is, the ability to meet their debt obligations.
The word "may" in its Power, is related to operations that might increase the losses, like setting up CSS with its CSP, or sell loans or REO inventory at a loss, if the conditions require it (market meltdown, not a scheme to sell properties to Neighborhood Associations, etc)
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