Recent court decisions against Fannie Mae and Freddie Mac shareholders have put to rest the notion that the two mortgage giants exist as anything but instrumentalities of the U.S. government, according to a report released Thursday by Kroll Bond Rating Agency.
Private equity investor groups recently have raised lawsuits against the Federal Housing Finance Agency, in an effort to regain control of the two entities. The failure of these legal actions points to the de facto nature of the two entities as sovereign credits, given their complete backing by the U.S. government.
The KBRA report also suggests that Fannie Mae and Freddie Mac have morphed into insurance agents rather than insurance companies, since they cannot produce the capital to bear the risk of their guarantees that the FHFA prices to begin with.
Still, the two bodies' investors take issue with the 3rd Preferred Stock Purchase Agreement that directs all of Fannie Mae and Freddie Mac's profits to the government, the KBRA report said.
But these investors' suits have been unsuccessful because, in judges' eyes, the legislation passed by Congress that saved Fannie Mae and Freddie Mac from the brink gives the U.S. Treasury and FHFA the right to manage the two companies as they see fit. But KBRA finds instead that "the 3rd PSPA simply compensates the Treasury for the capital injection made in 2008 and, more important, the open-ended support of the U.S. taxpayer."
The report goes on to argue that these investors misinterpret the support the U.S. government lent to the two mortgage entities. Prior to the capital injection, Fannie Mae and Freddie Mac had negative net worth, meaning that Treasury's aid only brought them to zero.
But, as the report reads, all of the profits the two make now represent therefore the return on the government's investment, so to recapitalize Fannie Mae and Freddie Mac would essentially involve taxpayer money, which the report found "galling."
"They are not talking about injecting any of their own cash into the companies," KBRA writes. "If you accept the idea that the taxpayers are due a return on both the implicit and explicit capital advanced to keep the mortgage market operating, there are no earnings to be retained in the GSEs."
The report did contend that while this may not spell out good news for the two mortgage agencies' equity investors, it should end some of the uncertainty bond investors have faced by confirming their standing in the eyes of government.
