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Re: bcde post# 437516

Saturday, 11/18/2017 5:05:49 AM

Saturday, November 18, 2017 5:05:49 AM

Post# of 793664
“What you are saying is, when shares are traded, somehow standing vanishes.”

No, that is not what Im saying. You seem to believe that standing is a term of the contract. It is not. Standing must be proven in every case against the government. Standing is never assumed. Standing is never presumed. Standing is not a right. Much like the prosecution is required to prove malice in a first degree homicide case, plaintiffs suing the government must prove standing. Shares being traded are irrelevant. Prior to the shares trading, the original owner would need to prove they have standing. After the shares are traded, the new owner needs to prove they have standing. Nothing vanishes.

“The selling party loses standing, because it is no longer party to agreement”

You can’t “lose” standing. You either have it or you do not. The selling party could have standing...or they might not have standing. It depends on whether their lawsuit meets the 3 elements of standing.

“and then as per your opinion the buying party also loses standing for some magical reasons.”

Again. You can’t “lose” standing. The buying party could have standing...or they might not have standing. It depends on whether their lawsuit meets the 3 elements.

“If one applies your opinion, then only original shareholders have standing and no one else, in case company management violates contractual agreements. This is not the case in real world.”

No, this is not how it works, nor is it how I claimed it works. I, for example, would likely have standing to sue based on the NWS since I was clearly damaged by it when I bought shares under the assumption that the conservatorship would not lead to a total divestment of company profits.

“When FHFA signed as a conservator for FnF, it was an act of a private shareholder company (FnF) and not an act of a Gov agency. This is what FHFA claims. But this is only part of the story.”

I don’t know what this statement means.

“Does standing still matters, if FnF (conservator) are sued instead of FHFA?”

No, standing doesn’t apply if FnF are sued rather than FHFA. Though you’d need a cause of action...and I don’t believe one exists at the moment.