InvestorsHub Logo
Followers 292
Posts 4644
Boards Moderated 0
Alias Born 10/12/2008

Re: Mikey Mike post# 322511

Saturday, 12/05/2015 4:24:36 AM

Saturday, December 05, 2015 4:24:36 AM

Post# of 803526
Previous
A few questions comes to mind with your detailed explanation: In a worse case scenario, if the GSE's are placed into receivership, how does that affect the statue of limitation? Can the plaintiffs refile or open another case based on the change of future events or does the statue of limitation bar them from it? - http://investorshub.advfn.com/boards/read_msg.aspx?message_id=118951985

Current
"...once receivership has happened, can current/past (with or without the current proceedings pending) shareholders file/join in the lawsuits due to the change in status in the GSE's and how the statue of limitation would play at that point in time."

The question is not transparent. As in the previous question, there are two or more questions rolled into what appears to be one question with different possible aspects and unidentifiable conditions. That is how there were several general answers offered previously since it was not clear what was being asked. I should have asked for clarification.

The same applies here. For example, in the current question, there is the situation where the GSEs are moved out of conservatorship and placed into receivership but there is no indication of where in the receivership process the GSEs are located (beginning, middle, end) or if liquidation estimates have been made or not, and if losses have been calculated for each series of stock, etc. This unidentified receivership situation can occur 1) with or 2) without current cases and pending proceedings. Then there are 3) current shareholders (what series of stock?) and 4) past (?) shareholders (what series of stock?), who may wish to 5) file a new claim or 6) join in a suit already filed before the GSEs are placed in the receivership. Then statutes of limitations must be applied to all those possibilities and their combinations. Finally, there is filing of the new suit(s) with these possible combinations but the claims in these suits are not made explicit. The latter is very important for determining when a statute of limitation starts, but this is not given.

So, an exceedingly difficult task was given with this post.

It would be easier to narrow the question down to a specific suit and claims or to several suits and associated claims. For example, a specific case would be:

1. GSEs in receivership with liquidation estimates and liquidation preference amounts to each series of stock (Senior Preferred, Junior Preferred, Common)
2. Current shareholders (only)
3. Filing new suit (only) with the following claim or claims.................... (?) The plaintiffs have to come up with the claim(s) as did Jacob and Hindes
4. Statute of limitation position - discovery rule, tolling extension, etc.

Hope this helps.