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Re: LuLeVan post# 774116

Monday, 11/13/2023 1:58:25 AM

Monday, November 13, 2023 1:58:25 AM

Post# of 795767
Bradford continues to lie about what the SCOTUS said, here
and with the alias LuLeVan:

according to Scotus, the FHFA can do whatever it wants,


which isn't the first time that he says it and was already rectified multiple times before, like here, but he is paid to write lies.
He paraphrases his boss, Bill Ackman, who implied also that the FHFA has absolute discretion in its actions (an Agency without rules is his wishful thinking), contravening judge Willett "any action within the enumerated powers" and the very SCOTUS, with Justice Alito starting out his sentence with "rehabilitate FnF".
The financial rehabilitation has only one meaning: put FnF in a sound and solvent condition (the FHFA-C's Power or Authority). When soundness means restor capital levels and solvency is related to the abilty to meet the debt obligations, which can be referred to the obligations SPS as well. What FnF have done through the Separate Account, using these exceptions to the Restriction on Capital Distributions:
-Reduce the SPS (U.S. Code §4614(e)) under the guise of 10% and NWS dividends (also no earnings available for distribution as dividend, out of Accumulated Deficit Retained Earnings accounts)
-Recapitalization (CFR 1237.12 in 2011): under the guise of NWS dividend and the gifted SPS that carry an offset (reduction of Retained Earnings like a dividend. One is a charge, the other a distribution)
Justice Alito was authorizing the actions in the best interests of the FHFA "and the pubic it serves", while rehabilitating FnF, through the extortion of their resources (sale of NPL, RPL and REO inventory), but it was never meant to allow taking their capital away, as now the scammers peddle all the time.
Justice Alito said "beneficial to the FHFA" instead of "in the best interests of the FHFA" set forth in the law, to transmit the idea of "monetary benefit" and add to the confusion and help the hedge funds out in their Govt theft story for stock price manipulation.
A Conservatorship preserves their status as private shareholder-owned enteprises and any attempt to steal money from them must be defused.
Today FnF are not rehabilitated (Balance Sheets), evidence of a Separate Account plan that upholds the law: the Common Equity is held in escrow.