The Treasury was authorized by Congress a limit of $2.25 billion to purchase obligations. The $2.25 billion was the explicit obligation. Page 14
NOTE: to purchase obligations NOT A $200 billion line of credit attached to the Senior Preferred Stock.
The amount was increased by Congress in the Charter Act that was amended by HERA to purchase obligations but only under emergency conditions, no emergency existed. Page 16
The amount today $200 billion as of December 24, 2009, expired on December 31, 2009: and no more. The $200 billion commitment was forced on the GSEs by the FHFA / Treasury by the illegal contract the SPSPA. The GSEs never needed a capital infusion, both Fannie and Freddie were adequately capitalized.
FEDERAL NATIONAL MORTGAGE ASSOCIATION CHARTER ACT PURCHASE OF OBLIGATIONS BY TREASURY; CONDITIONS AND RESTRICTIONS
The Secretary of the Treasury shall not at any time purchase any obligations under this subsection if such purchase would increase the aggregate principal amount of the Secretary’s, then outstanding holdings of such obligations under this subsection to an amount greater than $2,250,000,000. Page 14
With the passage of HERA Legislation: (purchase obligations increased with an expiration date of December 31, 2009).
SEC. 1117. TEMPORARY AUTHORITY FOR PURCHASE OF OBLIGATIONS OF REGULATED ENTITIES BY SECRETARY OF TREASURY.
The HERA legislation granted temporary authority to the Treasury to purchase obligations of the Enterprise, above the limits written in the Charter, (Charter limitation of 2.25 billion) up to the point in time of ‘‘(4) TERMINATION OF AUTHORITY.—The authority under this subsection (g), with the exception of paragraphs (2) and (3) of this subsection, shall expire December 31, 2009.
The Senior Preferred Stock, with a variable liquidation preference outlined in the SPSPA and its amendments and share certificates is a new product for the purposes of the Safety and Soundness Act of 1992 as amended by HERA.
Congress directed the Director of FHFA to apply the Administrative Procedures Act to the new products sold to Treasury. The FHFA did not follow the administrative procedures congress required in the plain language of the safety and soundness act.
The Director of FHFA as regulator violated the safety and soundness act and the administrative procedures act by not following the statutory duty to approve new products issued by the GSEs to Treasury for the purpose of stabilizing the secondary mortgage market.
The law required the publication in the federal register of the SPS with their variable rate liquidation preference tied to the commitment. It requires a public comment period, and a rule making process to make the SPS legal. It is the same law that required the capital rule. And the same law that required FHFA a year ago issue the new products law for MBS products. They have ignored this requirement for 15 years.
Director Lockhart Regulator, and Director Lockhart Conservator. Holding both positions as Regulator and Conservator; Conservator Lockhart is required by law to file notice to himself as Regulator.
The Safety and Soundness Act required Director Lockhart as regulator not conservator to approve a new product issued by Director Lockhart acting as conservator FHFA-C (SPS with variable liquidation Preference) to Treasury under the terms of the SPSPA for the purpose of carrying out the secondary mortgage market. He was required as regulator to file notice in the federal register, seek public comment and issue federal regulations for the new product we call the Senior Preferred shares sold to Treasury.
HOUSING AND ECONOMIC RECOVERY ACT OF 2008
Page 2689 SEC. 1321. PRIOR APPROVAL AUTHORITY FOR PRODUCTS.
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