UST and FHFA jointly changed the original 10% interest to “pay me all your income perpetually” in 2012. This amendment was called Amendment 3 - Net Worth Sweep. It was later disclosed that UST and FHFA knew that Fannie and Freddie would be hugely profitable and they did not want the twins to be free from their conservatorship. As a result, the twins paid $141B dividends to UST in 2012 for a loan of $191B. That’s 73% interest and clearly illegal, if there’s no NWS. Upto 2022, the twins had paid $330B to UST as interest. Yet, the loan balance is increased to $220B. It is a simple case of illegal taking of private property.
Shareholders failed in about 10 lawsuits, mainly because HERA specifically excluded shareholders the right to sue the twins. And, SCOTUS concluded that FHFA had the right to make all decisions even if the decision was a bad one. And, as long as the decision is beneficial to FHFA and the public interest it represents. But, SCOTUS ruled also that illegal taking is a fundamental right to general public, which cannot be denied by HERA. So, more lawsuits are filed so far with very little progress.
The theft is ongoing. The twins are making about $20B a year since 2012. Shareholders get nothing. UST gets everything. In recent years, UST and FHFA allowed the twins to keep some income to strengthen their capital positions. But, dollar-for-dollar the amount kept is added into their loan balance. In other words, UST still gets every single dollar the twins make, and shareholders has nothing.
Simple request is that NWS is illegal taking. UST and FHFA jointly implemented the NWS to steal from the shareholders. FHFA is a conservator who has the obligation to ensure the twins are conserved and preserved. Instead, FHFA helps UST to loot his conservatee.