9th Circuit rules that Fannie and Freddie are private companies

Screen Shot 2016-03-04 at 9.20.14 AMDecision could affect Delaware case on legality of net worth sweep

By Sarah Wheeler | HousingWire

A decision by the 9th Circuit Court of Appeals yesterday could have big implications for a Delaware case where plaintiffs are arguing that Fannie Mae and Freddie Mac are Delaware corporations and therefore are subject to state, not federal law.

Because Delaware law doesn’t allow for the net worth sweep of Fannie and Freddie profits, if the GSEs are ruled to be private companies, that profit sweep would be illegal. The 9th Circuit seems to be saying just that in a decision that upheld a district court finding.

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