Replies to post #780747 on Fannie Mae-No Politics (FNMA)

[FFFacts]

It's different in the case of FnF because FHFA has a specific carveout in HERA that allows it to act in its own interests, and (as the Supreme Court put it) by extension the public that it serves, ahead of the interests of the companies.

They interpreted HERA but I don't believe this specific issue was challenged the way it should have. What specifically is the carveout that differentiates it from a regular conservatorship or bankruptcy in which 'funds legally available' prohibits this type of activity?

This issue was comingled with other issues but was never properly challenged.

[Wise Man]

The SCOTUS began: "It may aim to rehabilitate FnF..."
This is the "authorized by this section" of the FHFA-C's Incidental Power, in "take any action authorized by this section, in the best interests of the Agency", that the prior ruling by judge Willett made clear that it refers to actions "within its enumerated powers" (May put FnF in a sound and solvent condition), that is, along with the word "may" in its Power, it's some leeway with regard to activities commented yesterday with the explanation from Freddie Mac: CSS, the preps for a Housing Finance System revamp, the UMBS, sale of NPL and RPL as part of a business decision, not government policies, etc.

What Justice Alito really did, is to legalize the extortion of resources out of private corporations during a conservatorship managed by the FHFA or the FDIC (same statutory wording of the conservator's Incidental Power in the banks' FDI Act), with the addition not written in the law of "and by extension, the public it serves", so that the Treasury can keep the $15 billion it owes to FnF for managing the Making Home Affordable (MHA, which included HAMP and HARP) program, under TARP and "Treasury contracts", we learned of after the FHFA-IG complained about FnF not being reimbursed for the costs (heavy handouts to borrowers, mortgage servicers and the holders of the mortgages)
Likewise, justice Alito, unaware that always plain language controls, with this add-on, he legalized other programs that utilized FnF for government policies during a conservatorship: sale of loans to women-owned businesses, minority-owned businesses, neighborhood associations, etc.
As seen, for instance, in this screenshot taken from a FHFA report during Mel Watt's tenure:

By the way, Mel Watt famous for the: "CRT, responsible innovation" that is taking capital away from FnF, which sounds a lot like representative Maxine Waters recently with: "safe financial innovation", that can be assumed that she was talking about the bitcoin scam.

It can never be the extortion of their profits, because that's the Core Capital necessary for the "rehabilitation of FnF", Justice Alito's prerequisite.
Today, FnF have an adjusted $-216 billion in their Retained Earnings accounts, meant to absorb future "unexpected" losses and pay future dividends.

Let alone that capital distributions are restricted...., if you know what that means.