Thursday, August 18, 2016 5:19:02 PM
The point is that the court found that there was a cognizable property right that could be the basis of a takings claim against FNMA even when under the control of FHA and with HERA in operation.
The court then gave other reasons why there could not be a taking for this gentleman given his circumstances and the facts about his claims in this case.
SO... the court implies that nothing precludes a takings claim being brought against FNMA under control of FHA even with HERA operative. (And by the way the judgement clearly takes FHA to be running a conservatorship of FNMA - they say that.) Hence the basis of Lamberth's dismissal looks like it is contradicted. There can indeed be a question of whether there was a taking by FHA and Tsy against FNMA pfd and stock holders.
That is my quick and dirty, best, potty
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