When DeMarco decided to implement the NWS, he bypassed other options in the SPSA that would not have Nationalized the GSES. Yes, he bypassed the
'Optional Pay Down of Liquidation Preference,' Written as clear as day in the SPSA.
It cannot be argued, Fannie Mae and Freddie Mac were never provided with a mechanism to emerge from conservatorship. The SCOTUS ruled the Net Worth Sweep was legal. The SCOTUS did not rule the Optional Pay Down of Liquidation Preference as being void. No, it is not void, the court did not say it was void.
The Third Amendment cannot be used to wipe out the 10 and 12 percent dividend rates in the initial stock certificates. IT DOES NOT MATTER if the Third Amendment Net Worth Sweep is declared legal or illegal, THE DAMAGES ARE the extra payments to Treasury must be treated first as though they were a return of capital that calls for a dollar-for-dollar redemption of the senior preferred, thereby reducing the Treasury’s liquidation preference. Once all those shares are redeemed, the remainder of the money paid over to Treasury should be treated as excess payments that must be repaid in full to Fannie and Freddie with interest.