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Friday, December 22, 2023 12:43:54 PM
FHFA and its Director are executive branch entities. They can not make changes to federal laws. Only Congress can change the law.
FHFA did not change the law. They issued a regulation.
I see the logic behind it: the whole reason FnF are in conservatorship still is that their regulatory capital levels (currently hugely negative) are not high enough to reach any of the thresholds in 12 USC 4614. There is no point in assigning them a capital classification when they have no means of recapitalizing other than retaining earnings, and prior to 2019 they have no means of recapitalizing at all.
But even if your legal arguments have some merit, who cares? The only way your allegations will ever matter is if they are seriously considered by a judge and/or jury. That requires actually filing a lawsuit, which brings us squarely into "first line of my signature" territory.
No outside party is going to file a lawsuit based on what they read on a message board. The only way to make sure your arguments get heard is to file your own lawsuit. But I'm not going to hold my breath on that.
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