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FNMA and FMCC preferreds. In search of the elusive 10 bagger.


twacowfca

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22nd Annual Distressed Investing Conference

 

Monday, November 30, 2015

 

Myron T. Steele, Esq., Partner, POTTER ANDERSON & CORROON LLP (and the former Chief Justice of the Supreme Court of Delaware and a Vice Chancellor of the Delaware Court of Chancery); Elliot Moskowitz, Esq., Partner, DAVIS POLK & WARDWELL LLP; and Ronit J. Berkovich, Esq., Partner, WEIL, GOTSHAL & MANGES LLP

 

http://bankrupt.com/DI2015/

 

 

Anyone Going? Any Lurkers going?

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Out of curiosity, is there any speculation as to the origins of the 3rd amendment?  Reading the Fortune article, I just kept thinking, who actually came up with the idea for the net worth sweep?  Seems unlikely to be a cabinet level official.  Probably some underling at Treasury or someone working on the budget. 

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Out of curiosity, is there any speculation as to the origins of the 3rd amendment?  Reading the Fortune article, I just kept thinking, who actually came up with the idea for the net worth sweep?  Seems unlikely to be a cabinet level official.  Probably some underling at Treasury or someone working on the budget.

 

I think there is no doubt the depositions hold that info. Probably why many documents have been redacted and why some info would cause "instability in the markets".

 

I would have to imagine the Fairholme lawyers know by now what that person is.

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Case to Watch: U.S. set to defend Fannie, Freddie profit sweep

http://www.reuters.com/article/2015/11/30/fannie-freddie-idUSL1N13P0MG20151130

 

Nov 30 (Reuters) -

 

The U.S. government is set to defend next month its so-called "sweep" of Fannie Mae and Freddie Mac profits in the face of lawsuits by private investors in the two mortgage finance giants.

 

Government lawyers are due to file a brief by Dec. 21 with the U.S. Court of Appeals for the D.C. Circuit responding to plaintiffs who say the sweep, which has sent tens of billions of dollars into federal coffers through a 2012 amendment to Fannie and Freddie's financial crisis bailout agreement, has amounted to an illegal confiscation.

 

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/1SrFMZA

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Guest cherzeca

"I think there is no doubt the depositions hold that info. Probably why many documents have been redacted and why some info would cause "instability in the markets".

 

I would have to imagine the Fairholme lawyers know by now what that person is."

 

maybe yes, maybe no.  perhaps one can only get to the origination idea for 3rd A from reading emails that have been claimed to be privileged, which means fairholme lawyers wouldnt have seen yet

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"...I believe that Hindes/Jacobs will survive FHFA's Motion to Dismiss, and Judge Sleet will invalidate the NWS under Section 151 of the Delaware General Corporation Law (DGCL)."

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http://financialservices.house.gov/news/documentsingle.aspx?DocumentID=399999

Congressman Jeb Hensarling

Excerpt:

"Our nation’s highways shouldn’t be funded out of the functional equivalent of a tax on Americans’ bank accounts or on the backs of home buyers, particularly those who are forced to backstop Fannie Mae and Freddie Mac.  But those were two of the Senate’s bad – and completely unacceptable – funding sources we started off with.  Chairmen Neugebauer and Huizenga offered an alternative that, while far from ideal, is far superior to the Senate’s new taxes on bank accounts and home buying."

 

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Seems pretty clear that nothing is going to happen by way of Congress (with respect to reform or recap).  Any action (by Congress or the admin) will be re-active to how the lawsuits are proceeding or forced by actual rulings.  How long will it take is the big question. 

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Seems pretty clear that nothing is going to happen by way of Congress (with respect to reform or recap).  Any action (by Congress or the admin) will be re-active to how the lawsuits are proceeding or forced by actual rulings.  How long will it take is the big question.

 

The timing is a big question.  Scheduling for Perry below (Delaware is on a similar timeline).  I believe the first item has been pushed back 2 weeks.

 

Perry briefing schedule:

CTENfCYUYAAxPEj.png

 

That's around the same time as the Delaware case. Will be an interesting next few months.

 

I wouldn't be surprised if the Administration is waiting on (1) jurisdiction to be upheld by Sweeney, or (2) to see what Egbert Perry said in his deposition (did he reveal the mastermind of the NWS, other damning information, etc.).  Administration knows that Plaintiffs will be willing to settle so they might be waiting for a loss in either the jurisdiction decision and/or Egbert's deposition. 

 

I still think the settlement/release is the most likely outcome.

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Guest cherzeca

Seems pretty clear that nothing is going to happen by way of Congress (with respect to reform or recap).  Any action (by Congress or the admin) will be re-active to how the lawsuits are proceeding or forced by actual rulings.  How long will it take is the big question.

 

agreed that litigation is driving this train...after all, it is only a $130B lawsuit.  measure about 6 months from when oral argument is scheduled for both Perry and Hindes/Jacobs, though perhaps sooner

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Honestly, any binary outcome securities will be volatile like heck. They can only be valued based on success/failure probabilities and humans are notoriously bad in assigning probabilities. Ask on this thread - no actually don't, since it might raise a crap storm  ;) - and if people don't see previous answers for anchoring, the probability distribution will be all over the place.

 

Also, if market overall declines people look at their holdings and sometimes dump the binaries because it's not clear for them if continuing to hold makes sense. It's not like a business where you are getting incremental owner's earnings (well, you could argue that you do, but only in the case of success, so not really).

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preferreds crashed nearly 25% in a month. did I miss something?

 

Didn't miss anything negative.  Just Chapter 8 of The Intelligent Investor playing out.

 

Have been trying to pick some up - can't get a fill at the prices I want though :/

 

It's extremely difficult to get fills.  FNMAS isn't too bad on liquidity as it has 240,000,000 outstanding, but others are much more difficult as they are highly illiquid.

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