Not the current round. The shareholder mistreatment that the lawsuits were about happened in 2008 and 2012. It's people who held shares at those times who got screwed. Shareholders in 2023 are just free riders at this point.
Investors in a re-IPO will be stepping into the shoes of pre-conservatorship shareholders. They are not going to care at all what happens to 2023 shareholders. If 2023 shareholders are singled out for good treatment, all it would tell new investors is that they would have to wait 15 years to be made whole if the government acts up again.
No administration can bind future administrations on these matters, especially now that the President can fire the FHFA Director at will.
The only way to get a shareholder protection agreement to stick is to have the companies be one of the parties and release them from conservatorship so that FHFA can't act on the companies' behalf. Any future attempted imposition of conservatorship will be immediately challenged via 12 USC 4617(a)(5)(A).
All the past mistreatment of 2008 and 2012 shareholders will do is lower the per share re-IPO price. It could even push that price so low that the re-IPO fails entirely, which means FnF would be in conservatorship for at least the next 6 years (the point at which they could hit a 2.5% capital requirement with the seniors written down or converted to commons).
Upshot: all the talk of "if the government continues to screw existing shareholders then who would buy new shares?" needs to stop. It is a fallacious and counterproductive argument.
This is an indication either the existing shareholders will be wiped out in a receivership afterwards the Treasury sells the companies in the open market, OR the Treasury buys the existing shareholders out and sells the companies in the open market.
FHFA Director Sandra L. Thompson Quote: “If the enterprises ever get out of conservatorship everybody knows it's going to be the largest IPO ever. But there are questions investors will want to know”. End of Quote.