That is impossible to predict. It is highly unlikely that all swept proceeds will be returned to FnF. The law only says that a 100% sweep in perpetuity is illegal. The most likely outcome would be that things would be returned to the 10% sweep prior to Amendment3 being imposed. How that would be divvied could include junior preferreds, recapitalization, common dividends or none of the above.
Delaware is a Chancery Court state. Likely the funds would be escrowed until a settlement gets worked out, which could take a very long time. Remember how many months that same process consumed in Exide's case? That was also litigated in a Delaware court, like Hindes/Jacobs, just on the BK side.
JMHO.