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Tuesday, November 25, 2014 7:43:50 PM
As I understand it an agreement such as the one in question needs to be entered into by two parties
The first agreement met that test - the FHFA and Tresury
If FHFA is under the thumb or Treasury and has no capacity to act independentlty - then it was a ONE party change to a two party agreement
Somehow I do not think that is legal as a one step process
e.g. a bank and I enter into a loan and mortgage agreement. The bank can as one party notify me of an intended change in some provision - including say interest rate. I as an independent actor must agree or there is no change in the agreement
Yes in the above the agreement would end and I would pay off the mortgage by securing a new one (using some 90 day protection clause in standard contracts)
Some might say that here the FHFA/F and F did NOT respond to a unilateral action - but play dead as they had no degrees of freedom of action
best I recall from ONE whole course in business law but that is not a legal action
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