Rodney5
25 minutes ago
Federal Statute
It’s bad faith and unfair dealing when the Regulator is authorized to pay down the Senior Preferred Stock and sent the Net Worth without the pay down option. The FHFA Director doesn’t need the Treasury approval to pay down the Senior Preferred Stock the Director has the authority from Congress written in HERA:
HOUSING AND ECONOMIC RECOVERY ACT OF 2008
RESTRICTION ON CAPITAL DISTRIBUTIONS.— page 2731
‘‘(1) IN GENERAL.—A regulated entity shall make no capital distribution if, after making the distribution, the regulated entity would be undercapitalized. The exception.
Quote: “Page 2732
EXCEPTION.—Notwithstanding paragraph (1), the Director may permit a regulated entity, to the extent appropriate or applicable, to repurchase, redeem, retire, or otherwise acquire shares or ownership interests if the repurchase, redemption, retirement, or other acquisition— ‘‘(A) is made in connection with the issuance of additional shares or obligations of the regulated entity in at least an equivalent amount; and ‘‘(B) will reduce the financial obligations of the regulated entity or otherwise improve the financial condition of the entity.’’.
NOTE: REPURCHASE, REDEEM, RETIRE...
WILL REDUCE THE FINANCIAL OBLIGATIONS OF THE REGULATED ENTITY.
Link: https://www.congress.gov/110/plaws/publ289/PLAW-110publ289.pdf
In essence allows the trustees of Fannie and Freddie to go to the market at any time to raise new capital, including new capital with lower dividend coupons, to buy back the Treasury’s senior preferred. Any loyal conservator of Fannie and Freddie would take advantage of this refinancing option to end the bailout arrangement, by paying off the senior preferred in full. The Treasury did not take a Perpetual Equity Investment in the enterprises, the Treasury stated a temporary investment period!
navycmdr
2 hours ago
Rule of Law Guy - email ...
How Sticky is the ERCF ?
Will the new FHFA Director Be Bound By It?
Rule Of Law Guy - Nov 21
I want to alert my readers to a recent WSJ Op-Ed by DOGErs Musk/Ramaswamy re whether a new Trump Agency Director will have to live with the regulatory framework that the new Director inherits, or go through the APA notice and comment process to material revise it (normally, a lengthy process):
“DOGE will work with legal experts embedded in government agencies, aided by advanced technology, to apply these rulings [two recent SCOTUS decisions re major questions doctrine/no more Chevron deference] to federal regulations enacted by such agencies. DOGE will present this list of regulations to President Trump, who can, by executive action, immediately pause the enforcement of those regulations and initiate the process for review and rescission. This would liberate individuals and businesses from illicit regulations never passed by Congress and stimulate the U.S. economy.”
See https://www.wsj.com/opinion/musk-and-ramaswamy-the-doge-plan-to-reform-government-supreme-court-guidance-end-executive-power-grab-fa51c020?st=kFBdoF&reflink=desktopwebshare_permalink (paywall should be removed)
So under this theory, new FHFA Director working with DOGE could propose to POTUS that the ERCF be rescinded, on the basis that the ERCF finds no substantive support from Congress or HERA for its excessive conservatism and add-on capital buffers.
This would permit the new FHFA Director to have POTUS rescind the ERCF on Day 1, and proceed with a recapitalization and conservatorship release under the HERA statutory capital provision, which is essentially 2.5% of the GSE’s assets. The new FHFA Director could then propose a replacement capital regulatory framework at his/her leisure.
This would accelerate the GSE recapitalization and conservatorship release, should the new FHFA Director and DOGE go down this path.
NeoSunTzu
2 hours ago
Now more than EVER, "now" being once the first week of trading after the election settled in, where we had tens-of-millions of shares "trading," mostly buying, you will see MASSIVE manipulation as in the past 3 or 4 trading days. The manipulators know you do NOT get in the front of a moving freight train - you wait for it to slow down a little. That slowing down is this settling in period of the politicos in D.C. positioning themselves on one side or the other which makes the twins ripe for manipulation. Do NOT think for a moment there aren't the treasury, FHFA, and financial establishment killers in on this manipulation. Hiding what has transpired is worth a lot of money to them. I am hopeful Paulson and Ackman are closely involved in FnF related administrative picks to help Trump (and us) avoid the pitfalls.
navycmdr
2 hours ago
$Booooom ! - Freddie Mac To Bring $Tax-Exempt $Loan
$CMBS $Product to $Municipal $Investors
New Approach Will Increase Liquidity in CMBS and Municipal Markets
and Support Affordable Multifamily Housing
November 21, 2024 10:30 ET - Source: Freddie Mac
MCLEAN, Va., Nov. 21, 2024 (GLOBE NEWSWIRE) -- Freddie Mac (OTCQB: FMCC) Multifamily today announced a new CUSIP registration capability to better align its ML-Deal offerings for both commercial mortgage-backed securities and municipal bond investors, increasing liquidity across both markets and advancing Freddie Mac’s mission.
The new CUSIP registration capability will allow investors to choose their preferred CUSIP identifier, Mortgage or Municipal, at deal settlement and subsequently exchange their certificates between either of the two CUSIPs through a Freddie Mac approved Broker Dealer.
“This new registration capability streamlines our product to both mortgage and municipal bond investors, which is important to meet market needs and deliver on Freddie Mac’s mission to support affordability, liquidity and stability in the multifamily housing market,” said Robert Koontz, SVP of Multifamily Capital Markets at Freddie Mac. “We look forward to continuing to innovate and advance our offerings to respond to market changes while keeping a clear focus on our mission.”
Since 2017, Freddie Mac’s ML program has provided the opportunity for investors to invest in predominantly tax-exempt securities secured by loans on completed, occupied, and stabilized affordable housing properties. ML-Deals are backed by tax-exempt loans related to properties receiving new-issue 4% low-income housing tax credits (LIHTC).
This feature will start with ML-27 and is anticipated to be available for all future ML Deals. ML-27 is expected to go to market the week of December 9th with an issuance size of approximately $250 million and be designated as Sustainability Bonds.
ML-Deals with this feature will include two sets of Structured Pass-Through Certificates (SPCs), one registered under Freddie Mac’s corporate issuer 144A CUSIP identifier and another registered under municipal issuer 144A CUSIP identifier. The underlying loan characteristics and structure for both will be identical. Although the underlying loans are obligations of various state and local entities, the state and local governmental entities are not directly obligated on the SPCs and do not issue the SPCs. Accordingly, the SPCs are not municipal securities as defined in Section (a)(29) of the Securities Exchange Act of 1934 and Freddie Mac is not a municipal issuer.
Click here to learn more about Freddie Mac ML Certificates. M-Deals and ML-Deals (freddiemac.com)
Freddie Mac Multifamily is the nation's multifamily housing finance leader. Historically, more than 90% of the eligible rental units we fund are affordable to families with low-to-moderate incomes earning up to 120% of area median income. Freddie Mac securitizes about 90% of the multifamily loans it purchases, thus transferring the majority of the expected credit risk from taxpayers to private investors.
Freddie Mac’s mission is to make home possible for families across the nation. We promote liquidity, stability, affordability and equity in the housing market throughout all economic cycles. Since 1970, we have helped tens of millions of families buy, rent or keep their home. Learn More:
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MEDIA CONTACT: Melissa Silverman
703-388-7037
Melissa_Silverman@FreddieMac.com