DCBill
2 hours ago
With my employment history, despite that I've been gone for over 20 years, I believe I understand how the GSE game is played. I never would engage in those stock hijinks and I resent the suggestion.
I stated my political opinion and I thought I made that clear. Whether you buy or sell, either company, that's your call not mine.
If you can find my previous IH posts, from past years, going back to when I published a blog (with similar thoughts there as well), you'll see similar statements.
kthomp19
3 hours ago
If the government decides to put a road through my yard and I take them to court, will the road get reversed or taken out? No, because that action is not illegal. However, I will get monetary damages.
That would be a classic example of a taking. All of the NWS takings cases are completely dead, so your example contradicts the point you're trying to make rather than confirming it.
Did the NWS result in monetary damages granted to Shareholders? YEP.
For reasons entirely unrelated to takings.
(from another post)
Treasury may win. There may be no additional lawsuit wins. But that has nothing to do with the SCOTUS "blessing" the NWS.
The Collins opinion has already had an effect on potential future lawsuit wins: it has prevented at least two major lawsuits (which would have been funded by major junior pref shareholders) from even being filed due to how difficult it is now perceived to get a win against Treasury.
That is not what happened. If it had, the Lamberth jury decision would be overturned.
If the NWS, which directly contradicted FHFA's duty to preserve and conserve assets and maintaining adequate capital, was not ultra vires it's hard to imagine something they could realistically do in the future that is. Certainly not something as simple (and helpful to the companies!) as the LP ratchet.
kthomp19
3 hours ago
In consideration for keeping $1, you will owe us $1 in liquidation preference, and you will pay us 10% dividend on it at a time we determine, and until we say otherwise.
I think you are underestimating the value that being able to keep their earnings has to FnF. It drastically reduces (or even virtually eliminates, according to the stress tests) the possibility that FnF will have to draw on Treasury's funding commitment and potentially exhaust it, triggering mandatory receivership.
Does that not sound like a breach of good faith and fair dealing?
No, because the cash NWS removed all economic value from the junior pref and common shares. It isn't possible for any future deal to remove more value than that, therefore a further breach isn't really possible.
Sounds AWEFULLY similar to the last breach which was you make a $1 you owe us $1....
The companies have already been found to have violated the implied covenant by signing an agreement (the NWS) that removed all economic value from the privately held shares. That breach was fully compensated for by the jury's verdict. Ordering the companies to pay even more for (at worst!) merely continuing that same breach sounds AWFULLY like double jeopardy.
kthomp19
3 hours ago
In that case, why hasn't the commitment fee ever been decided or implemented?
From 2008 to 2012 FnF were paying 10% cash dividends, and from 2012 to 2019 they were paying total net worth cash dividends. There was no need for a commitment fee because FnF were already forking over boatloads of cash.
The whole purpose of the SPS dividends is to circumvent the restriction on fees. Make it look like something else, so it can't be challenged as a fee. I'm not going to post a link to the Charter Act, I'm sure you are familiar enough to know better.
This is a direct reference to Barron's legal analysis. He has already refused to file his own lawsuit (evidence of his own hypocrisy) and nobody else has chosen to file one on this basis either, so I see no reason to continue arguing over how many angels fit on the head of that particular pin. If FHFA really did violate the terms of the Charter Act with the original SPSPAs and/or NWS, but nobody ever challenges it in court, then it's legal by your own admission.
kthomp19
3 hours ago
Treasury, nor any representation of Treasury has officially made any such claim
Again this is about probabilities, not possibilities. Given all the evidence we have, including the reporting we have from Calabria, what are the chances Treasury converts the SPS compared to a writedown?
All you are arguing is that Calabria's reporting can't lead to a 100% chance on a conversion. I agree there. Our disagreement comes from the weight we put on Calabria's reporting. I think it is highly credible and relevant while you refuse to believe that it is either of those.
And the evidentiary standard you are applying here is ridiculous when extended to everything else. For example, do you demand official word from every source that is ever mentioned in a news article before believing it? If so, how are you able to stay informed at all? If not, why apply this standard to Treasury and not everyone?
You and I both know the logical fallacy you are making.
Since you claim to "know" this, you shouldn't have a hard time picking it out from this list.
kthomp19
3 hours ago
This depends greatly on what happens later. If Treasury gets 10% dividend on the LP for an unknown amount of time, and they later get to redeem the original $1, then clearly they are getting more than the $1 in cash.
Redemption of the LP can only happen upon liquidation, so discounting that value is difficult because you have to take probability of redemption (liquidation), timing, and discount rate into account.
Liquidation preference absolutely has value (to the market) outside of liquidation, as evidenced by Treasury's own valuation of the LP and the fact that different div rates did not totally determine the prices of the juniors before conservatorship.
I'm pretty sure I'm the one who keeps saying this is a unique situation.
You said "Trust us - we're from the Government... We'll let you keep a dollar if you owe us a dollar in the future. Brilliant! Let's just do that with every American company and watch our National Debt melt away like magic!" as if it would be possible for the government to do what they did to FnF to any other company. That isn't possible because the conservatorships and "self-dealing" SPSPAs/amendments were only allowed by the GSE Act and HERA, which only apply to FnF.
I'm not the one comparing it to AIG or Citi
While the specific situation FnF are in is unique, the resolution of it doesn't have to be. That's the difference. Citi and AIG went through restructurings, and a restructuring of the SPS is necessary for FnF to hit their regulatory capital requirements before roughly 2040.
kthomp19
3 hours ago
Let's get to 5:0+ so Kthomp will join us in Common!
Why would that help you? I'm still bearish in the long term on the commons versus the juniors at these prices. The only purpose of rotating some juniors into commons would be to rotate back once the FNMAS:FNMA ratio goes back under its normal average of around 3.5:1.
If divvys are resumed, I will be in the 90-100% dividend yield range (vs cost basis) and will hold them for that reason.
I would hold them for the same reason, though I would take some off the table for diversification purposes. My cash-on-cash dividend yield would be somewhat higher (around 15%) but that's more a reflection of my cost basis.
Winning is relative to what else I could be doing with my money. My goal is to double my money every 4 years (18%), minimum performance expectation is 7 years (10.5%).
Your goals are far more reasonable and pragmatic than just about any common (and several preferred) shareholder I have seen on this board. Kudos.
I have found that there is a lot of overlap between the common shareholder base on this board and other classic bagholder traps like MMTLP and LEHNQ. I'm glad I never got caught in those.
I originally got into FNMA in 2013, but exited that same year as I didn't like my forecasts. Decided to come back in 2018 as I thought release was more imminent. Clearly it wasn't.
You managed to avoid two of the three big legal landmines that have cratered the stock prices: Lamberth's original dismissal in October 2014, the appeals court upholding nearly every part of that dismissal in February 2017, and the Supreme Court's Collins opinion in June 2021.