terms are unconscionable and are likely a certified taking, ie. 25K price for stock worth 80-200 Billion.
The value each side receives does not create an unconscionable contract. You can legally sell a house for $1...this does not make the contract unconscionable.
Unconscionability rears its head in contracts where the bargaining powers of one of the parties in the contract were removed to the point that the party had no actual choice in making the contract. There is no known evidence to show such a situation occurred.
The fact that FHFA and Treasury transactions are beyond judicial review while it doesnt make them legal, certainly limits anyone challenging their legality.
Unconscionability is a contract term. We know, actually, that contract based claims are not judicially barred under HERA. Therefore, this claim would not be barred under HERA.
yesterday i saw someone run a stop sign. Yep didn't stop at all. But, because they were not issued a citation, and that citation that wasn't issued didn't go thru the judicial process, therefore, while the act is illegal, their action was not
Running a stop sign is not, in and of itself, illegal. In fact, in many states, the law states that you must slow at a stop sign and stop if necessary. In all states, you must only comply with a driving regulation if is safe to do so (hence why the "If I slowed down, it would have been dangerous because of the flow of traffic" defense works so well for many speeding tickets).
This is why there must be a trial prior to determining something is illegal. Because defenses may turn an illegal act into a legal one.
