Wednesday, August 30, 2023 8:55:32 AM
ANYONE: What appropriation was afforded the Regulator to give a capital distribution??
What law gave the Regulator the authority to give away the companies' money while the enterprises are undercapitalized??
Cmdr Quote: "so how did FHFA under Calabria "Distribute" $1.09 Billion to the
Affordable Housing TRUST FUND from UNDER Capitalized GSEs?
and FHFA acting director Sandra L. Thompson announced that the
Housing Trust Fund and Capital Magnet Fund will receive a total of
$1.138 billion for affordable housing initiatives from Fannie Mae and Freddie Mac ?
Posted on: February 28, 2022 AFFORDABLE HOUSING FINANCE
FHFA Announces Largest Amounts for Housing Trust Fund and Capital Magnet Fund" End of Quote
To stay within Congressional Law governing the Enterprises the Jury award will have to be collected after the companies are adequately capitalized. IF NOT the FHFA will violate the law yet again just as the FHFA has numerous violations already.
THE LAW
Code of Federal Regulation
1237.12 Capital distributions while in conservatorship.
(a) Except as provided in paragraph (b) of this section, a regulated entity shall make no capital distribution while in conservatorship.
(b) The Director may authorize, or may delegate the authority to authorize, a capital distribution that would otherwise be prohibited by paragraph (a) of this section if he or she determines that such capital distribution:
No 1: Will enhance the ability of the regulated entity to meet the risk-based capital level and the minimum capital level for the regulated entity;
No 2: Will contribute to the long-term financial safety and soundness of the regulated entity;
No 3: Is otherwise in the interest of the regulated entity; or
No 4: Is otherwise in the public interest.
Section c, this section is intended to supplement and shall not replace or affect any other restriction on capital distributions imposed by statute or regulation.
DID THE NET WORTH SWEEP
Enhance the ability to meet risk-based capital level? NO
Contribute to the long-term financial safety and soundness of the regulated entity? NO
In the interest of the regulated entity? NO
Is otherwise in the public interest? NO
(The taxpayers are responsible for the liabilities of the enterprises).
The Net Worth Sweep could not possibly have any rehabilitative effect and that one of the principal duties of the FHFA Director is to preserve and conserve assets.
Fannie is allowed to retain its earnings until it fully meets its applicable risk-based capital requirement (it’s currently short by $247.8 billion), but those increased retained earnings are matched by a dollar-for-dollar increase in Treasury’s liquidation preference.
https://gov.ecfr.gov/current/title-12/chapter-XII/subchapter-B/part-1237/subpart-D/section-1237.12
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