Tuesday, August 29, 2023 1:33:32 PM
from tim howard blog
Can you elaborate on the Charter Act? It appears this is the law that governs Fannie and Freddie and was violated. These PSPA contracts are not law.
"The Charter Acts are Fannie and Freddie’s enabling statutes. FHEFSSA (enacted in 1992) and HERA (enacted in 2008) are regulatory statutes, governing the companies’ regulators (OFHEO in FHEFSSA, and FHFA in HERA). All are laws passed by Congress. The Senior Preferred Stock Purchase Agreement (SPSPA) was an agreement made in September 2008 between Treasury and FHFA as conservator of the two companies. It is not a law, but at this point any legal challenge made to it would be time-barred by the statute of limitations."
FHEFSSA Guidelines cannot be suspended. FHFA does not make laws or have power to suspend. Are you right that FHEFSSA was suspendered and legal ?
"You are correct about the term “FHEFSSA guidelines,” which I used because that was the phrasing used by the questioner. Instead I should have clarified what I meant: FHFA suspended the capital classifications for Fannie and Freddie mandated by FHEFSSA (and not changed in HERA), and still has not reinstated them."
https://howardonmortgagefinance.com/2023/06/05/response-to-fhfa-pricing-rfi/#comments
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