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Monday, November 27, 2023 2:39:11 AM
A capital distribution, restricted, inserted in the FHEFSSA (U.S.Code §4614(e)) with an amendment in HERA's Subtitle C: Prompt Corrective Action. This is why the FHFA (and everyone else) calls this restriction "prompt corrective action" as well, in its rulemaking. For instance, Capital Rule:
![](http://investorshub.advfn.com/uimage/uploads/2023/8/21/[ojtzScreenshot_2023-08-21-06-56-10-891.jpeg)
A Final Rule where the FHFA amended the FHEFSSA's definition of capital distribution to include this case (Number 3)
Final Rule, July 20, 2011, "for the transparency of the conservatorships". Preface:
![](http://investorshub.advfn.com/uimage/uploads/2023/11/18/nhzjlIMG_20231118_080921.jpg)
The fact that the FHFA, through rulemaking, (CFR 1237.13) later added a funny afterthought to authorize it ("...except to the extent the Director determines is in the interest of the conservatorship"), is struck down for shenanigans (the CFR 1237.12 with more exceptions to the restriction (1, 2, 3 and 4: for their Recap in a Separate Account), "supplements and cannot replace or affect" the FHEFSSA's Restriction on Capital Distribution, and the actions in the best interests of FHFA (FHFA-C's Incidental Power), must be "authorized by this section", which this case is not: breach of the FHFA-C's Rehab power)
Also, it gave answer as to when the Equity holders might expect the resumption of dividend payments. It includes the Treasury's SPS, obviously.
The fiction of "implied contract" in the Lamberth court is, precisely, about the lack thereof. Later on, the Adequately Capitalized threshold was substituted for the Table 8: Payout ratio, in the new Capital Rule: now, additionally, it's necessary to fetch 25% of the Capital Buffer.
![](http://investorshub.advfn.com/uimage/uploads/2023/7/19/h[nosIMG_h8fdi0.jpg)
More evidence that judge Lamberth hasn't read the regulation pertaining to FnF that the attorneys cover up, jointly with their paid shills on social media.
Finally, the Limitation on Court Action (U.S. Code 4617(f)) precludes the court from taking any action until the Fanniegate scandal is over with the return to the equity holders, management and the Board of Directors, of the rights and powers transferred to the conservator momentarily, to help it fulfill its mandate (Voting Right, ASM, etc), where fiduciary duties arose (actions on our behalf, that may or may not be in our best interests, like a Separate Account plan, but there are other duties. The conservator wasn't given carte blanche. Any action "authorized by this section" or as justice Alito claimed "rehabilitate FnF..." the Marxist way, for the extortion of resources using the investment banks for public policies, in the sale of NPL and RPL at a deep discount to capture the debt forgiveness string that Trump approved; REO inventory sold to Neighborhood Associations, women-owned businesses, etc.)
Good, but once the capital is generated, it's kept (Retained Earnings). Which bars today's NWS 2.O (Common Equity Sweep through the gifted SPS and their offset). In accordance with the law, the Common Equity is held in escrow.
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