According to court filings, beginning in 2016, the FHLB-SF developed a proposal for the bank to purchase one of the GSEs. To assist in the process, the bank also engaged the services of McKinsey Consulting.
The Supreme Court will not hear arguments in Collins v. Mnuchin in its current session, but the issue of the constitutionality of the single-director status of the FHFA is still alive. That’s because oral arguments in Seila Law v. CFPB, a case addressing similar issues, are scheduled for early March.
Because it controls the senior class of stock in Fannie and Freddie, the Treasury is in the driver’s seat on recap and release. Former Freddie CEO Layton weighs the government’s options, using AIG as a blueprint.
Judge Sweeney ruled the court did not have jurisdiction on direct claims. But she allowed the Fairholme plaintiffs to continue their derivative claims, which seek remedies for Fannie and Freddie.
Barclays, the largest underwriter of GSE debt bonds, reached a settlement worth $87 million. Separately, a group of 12 financial institutions collectively agreed to pay investors $250 million to settle their claims.
A court ruling last week means plaintiffs can't seek compensation for their direct losses, but can pursue their lawsuits as shareholders representing Fannie Mae and Freddie Mac.
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