kthomp19
1 hour ago
IMO, the original SPSPA is still in force.
Not just the SPSPAs. Every amendment to them, including the NWS, is also still in force. The jury verdict was ONLY for money damages. Nothing else.
Everything over the 10% dividends (roughly $30 billion plus possible interest) is due back to the corporations.
Wrong. That wasn't part of the jury's verdict and Treasury views itself as the rightful owner of the full LP.
Judge Lamberth didn't make it clear that SPS is fully paid.
I guess technically correct, but misleading. He didn't talk about the senior pref "payback" at all because that wasn't part of the case.
If Pulte and Bessent announce that the SPS have been paid off, the corporations can buy back the warrants based on the prior 20 days average closing price.
And if frogs had wings they wouldn't thump their asses on the ground all day. Pure wishful thinking.
I don't like the idea of shelling out over $40 billion to buy back the warrants, but it will be partially offset by the overpayment on the 10% dividend.
Why on earth would FnF spend any money at all on buying back warrants? They need to be building capital, not depleting it.
kthomp19
1 hour ago
“then the government nationalized it.”
Justice Breyer did not separate the two entities in this statement: The FHFA and Treasury is the government.
JUSTICE BREYER Quote: “Thank you. I think in reading this you could, with trying to simplify as much as possible, do you -- the shareholders' claim as saying we bought into this corporation, it was supposed to be private as well as having a public side, and then the government nationalized it. That's what they did. If you look at their giving the net worth to Treasury, it's nationalizing the company.
Justice Breyer isn't saying himself that FnF were nationalized. He's summarizing the plaintiffs' claim. That's not the same as agreeing with it.
kthomp19
1 hour ago
In that case, your $1.50 and 87% would be directionally correct
That's exactly my point. Being directionally correct is much more important than being exactly correct, and yet all you could point out was that my point estimate scenarios have a combined less than 50% chance of happening.
Not as much as I'd want based on the investment timeline, but the Preferred would then put me firmly into the win territory.
Which is exactly why hedging with a good amount of juniors, like you and Ackman have done, is prudent.
Still, your purported investment strategy doesn't line up with your actions. If all you care about is making money compared to your cost basis, you could sell everything right now and lock in a 100% chance of a gain. The only reason to hold shares is if you expect to gain money from current prices (which requires an expected value calculation to do so rigorously), at which point your cost basis no longer matters.
Likewise, I don't need to account for your narrower view and come up with a competing percentage of "probability" for YOUR scenarios for me to have a rigorous framework.
You're still not getting it. You would come up with your own scenarios; they don't have to match mine at all. It's the outcome of the calculation that would allow an apples-to-apples comparison.
And how can anybody tell whether or not your framework is rigorous if you don't post it?
All that would do would give you more things to argue about, and let's face it, you are EXHAUSTING!
You are welcome to stop whenever you like. And isn't thoughtful discussion supposed to be the point of this board? 😉
kthomp19
1 hour ago
Well you are entitled to your opinion, and I'm entitled to mine. The resolution will be coming so we will see who is more "wrong" - time will dissolve opinions into cold hard facts.
The only way you can actually prove that the LP ratchets were a violation of the implied covenant is by actually filing a lawsuit. Resolving the conservatorships by whatever vehicle FHFA and Treasury choose has nothing to do with that.
So the Jury verdict once entered as final judgement, holds less weight than a singular comment the Judge made?
Less weight on other judges and circuits, yes.
Not that I'm disagreeing with "reasonable investor expectations" are set based on changes that occur over time. That's fine. But that doesn't mean that every "change" that occurs is valid in the eyes of a reasonable shareholder.
Reasonable shareholder expectations are set based on the actual language of contract or amendment, not on their opinion as to the validity or legality of said contract or amendment. If such judgment calls were allowed to set reasonable expectations then just about anyone could bring an implied covenant lawsuit over something or another.
This is so simple, I just don't understand why you don't get it.
Because you're wrong. The NWS already completely thwarted the implied covenant by denying shareholders any economic value going forward. Starting from that point (the most recent amendment to the SPSPAs), there is nothing left to take away.
kthomp19
1 hour ago
As I've said before, I am just using your tactics against you, so you know how it feels and maybe realize how ridiculous you sound.
Wrong. Your tactics are yours and yours alone.
I call you a hypocrite because you fit the definition: your actions put the lie to your words. It is an objective observation.
Your name-calling, on the other hand, includes things like calling me "narcissitic" and "smug", which are subjective assessments that have nothing to do with the conversation and smack of a cheap attempt to score points with the myraid of cheerleaders here.
You are putting words in my mouth.
WRONG. Note that my sentence started with the word "if".
Try understanding what I say before saying something this stupid in response. Kind of like when you accused me of being a hypocrite for not responding to Ackman's tweet when in fact I already had.
Well then there is no point to me explaining it then, is there?
Wrong again. You don't need to explain the math, but instead the probability and share price outcome for each scenario. Otherwise you're just throwing stones from a glass house.
Another strikeout on three pitches for you. Shameful.
kthomp19
1 hour ago
You are not representing Ackman's assumption - his value for common assumes that the legacy common own 20.1 pct before any JPS conversion and that is a very material assumption for the $ 30 plus valuation. His 71% figure for the UST is as the result of the allocation of 20.1% to legacy common, 8 pct to JPS after conversion and 71% to UST.
No. Here is a screenshot straight from page 98.
It shows 71% for Treasury, 2% for new investors (re-IPO of $5B), 9% for converted junior prefs and 18% for legacy common. Not 20.1% for legacy common.
If Treasury insists on the full 80% and the stakes for new investors and junior prefs stay the same, legacy common goes down to 9%. That's half of 18%, which results in a price target half of Ackman's.
That being said we have ask why the common is trading heavy
The other issue is why the JPS is trading heavy also?
I can only speculate as to the motives behind the recent share price gyrations.
I think the commons have a bleak long-term outlook relative to current prices, but shorting them would be a bad idea because shorting is path-dependent and the commons can have huge swings in prices between now and the crystallization event (seniors being converted or written down).
NeoSunTzu
2 hours ago
Lamberth jury case: questions & thoughts ...
I'm only in FNMA commons and since I will receive nothing, I did not delve into the case-setting circumstances. My question(s) ultimately center on what was the extent of Lamberth's control on two things (NOTHING to do with the interest). I know there was an amount per share that ultimately was based on the time period the "share price damages" are associated with. I thought I remember reading something about Lamberth setting limits on the amount per share and / or what the time period was to associate with those damages. Does anyone have a good breakdown of these two things.
Now, further thoughts: First, it is the 8-0 verdict on the breach itself that is the more important aspect for ultimate release and full compensation shareholder treatment - certainly, no great insight on my part as we all likely see it that way; however, there is much to build on from this aspect.
Second, it is the government's well-understood intention to ulimately kill and replace the GSEs (the intergovernmental emails prove this, and I'm sure much more nefarious actions could be proven via the hidden documents), which renders this short window time period used for the assessed damages AND the damages themselve all the more suspect and EXTREMELY underassessed.
Third, and related to the previous point, anyone who knows anything about data values and their trajectories, and stock values and growth rates are implicit in this, if you want to do the most damage to the magnitude of longer-term data values, you do that damage at the beginning of the time series. In other words, given the extreme breach at that early critical period, with the assessed values based on that restricted short window, knowing full-well what the actual government intention were destroys much more value that shareholders would have received or would be receiving far and above this miniscule compensation.
Fourth, using Ackman's full valuation of theENTIRE enterprise, which does NOT include the sacrificial get-out-of-jail offerings to the government (convicted breachers, criminals - if you will), and which by the way agrees with the other well-known successful fund manager's valuation of around $150/per share (in the very near term with this "fortress-like capital," ARGUES for a MUCH MUCH larger damage to shareholders - for the dividends earned and the much larger share prices that could have achieved much earlier in this fiasco - given a true and non-corrupted c'ship.
This alone, even setting aside all of the other thefts, overpayments, the forced CRT giveaways, less than full reward share of the TBTF bank recoveries, the common security technology platform theft, and many others ARGUE for MUCH LARGER non-taxable DAMAGES DUE TO SHAREHOLDERS. Nothing short of $25 per share is easily and legitimately winable. Furthermore, these arguments alone should wipe out the warrants, zero out the liquidation preference, render the seniors fully compensated by the repayments made with the execess applied to fully capitalizing FnF. If these actions were taken by private entities no court would let any of this mess go without full compensation to the wronged parties - possibly even bankrupting the offending parties if this were not the government. The Lamberth compensation portion is a f'ing farce.
jog49
4 hours ago
That's alright because shareholders have been damaged, and damaged badly, by the antics of the government, and not just one party. People have died while being deprived of their rights as corporate shareholders and American citizens by their own government. The government's clock should be cleaned, and cleaned good, to the extent that it never, ever happens again.