Fannie Mae-No Politics (FNMA)

[obiterdictum]

1. So, have these two judges effectively redefined what a "conservator is and what a conservator can do under the typical" definitions?

con·ser·va·tor
k?n's?rv?d?r,k?n's?rv??tôr,'käns?r?vad?r/
noun
noun: conservator; plural noun: conservators

a person responsible for the repair and preservation of works of art, buildings, or other things of cultural or environmental interest.
US
a guardian or protector.
"the court does not need to appoint a conservator to handle an incapacitated person's affairs"

2. Seemingly, that is what has occurred.

The definitions provided above and below are not related to the use of the term conservator or conservatorship in HERA 2008 or related to the same terms used and discussed in all of the legal cases, including the US Court of Appeals, DC opinion.

The judges have not changed the definitional features of a conservator or conservatorship since that right belongs to Congress. The Judges selectively chose, interpreted and applied the statutory authorities, powers, and judicial protections afforded to a conservator in a conservatorship as found in applicable statutory law, specifically, HERA 2008, FIRREA 1989 and FDIA 1950. Review these laws given below and the Perry opinion where it is dealt with in detail. Also review the Mark Calabria article that, in part, describes how HERA was written.

Different judges will interpret and apply the same laws to statements of facts in different ways.

3. If this is the situation, shouldn't judges everywhere be scared?

No.

4 What is worse, what does that portend to society as a whole?

Nothing much different than what has been since the founding of the nation. All judges have conscious and non-conscious biases and different levels of judicial intellect allowing the same law and facts to be considered and reconsidered and interpreted and reinterpreted differently. That is why there is dissent from a majority opinion or reversing court decisions on appeal or executing a writ of mandamus. Such bias and varying levels of judicial discretion are practical recognition that errors can be made and to remedy that there is chance to appeal, to petition for writs of mandamus, etc.

I guess this definition of a conservator no longer applies, either.

conservator

n. a guardian and protector appointed by a judge to protect and manage the financial affairs and/or the person's daily life due to physical or mental limitations or old age. The conservator may be only of the "estate" (meaning financial affairs), but may be also of the "person," when he/she takes charge of overseeing the daily activities, such as health care or living arrangements of the conservatee. The process is that a relative or friend petitions the local superior court for appointment of a specific conservator, with written notice served on the potential conservatee. The object of this concern is interviewed by a court-appointed investigator to determine need, desire and understanding of the potential conservatee as well as the suitability of the proposed conservator. An open hearing is held before the appointment is made. The conservator is required to make regular accountings which must be approved by the court. The conservator may be removed by order of the court if no longer needed, upon the petition of the conservatee or relatives, or for failure to perform his/her duties. (See: conservatee, guardian)

That is correct. This definition never applied.

Source:
HERA 2008 - see section SEC. 1367(b)
https://www.govtrack.us/congress/bills/110/hr3221/text

The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) - see section 212
https://www.gpo.gov/fdsys/pkg/STATUTE-103/pdf/STATUTE-103-Pg183.pdf

Federal Deposit Insurance Act (FDIA) - see section 11
https://www.fdic.gov/regulations/laws/rules/1000-100.html

The Resolution of Systemically Important Financial Institutions: Lessons from Fannie and Freddie
https://object.cato.org/sites/cato.org/files/pubs/pdf/working-paper-25_1.pdf

US Court of Appeals - Perry Opinion
http://gselinks.com/Court_Filings/Perry/14-5243-1662090.pdf