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clarencebeaks21

11/03/23 12:44 PM

#773314 RE: FOFreddie #773290

“Did you see Kthomp's reply regarding whether or not the authority of the Conservator to "preserve and conserve" applies only to assets rather than equity?”

Yes. And I think Kthomp is correct.

“Is there a challenge regarding the equity v assets angle?”

I doubt it.

The verbiage in 12 USC 4617 (b)(2)(B) authorizes the FHFA as conservator to “preserve and conserve the assets and property of the regulated entity”.

I doubt that shareholder equity can be considered an asset (accounting 101).

The statutory meaning and purpose of “property” is less obvious to me; but perhaps it means subsidiaries? In any case, I cannot think of a path for equity to be within either statutory term. My two cents.