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Friday, June 14, 2024 3:11:39 PM
His premise is actually quite simple. Dividends are capital distributions and as such they are restricted during conservatorship. No one has rights to dividends!
Therein lies the problem. The Supreme Court said that, in agreeing to the NWS, FHFA was allowed to ignore its conserve and preserve mandate due to the incidental powers clause that allows FHFA to act in its own interests. FHFA telling FnF to pay cash dividends during conservatorship is a part of the NWS.
Since the premise is invalid, any conclusions based on it are also invalid.
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