Thursday, September 12, 2019 6:44:41 PM
FHFA conservator only gets authorities that are given by Congress. Where in the HERA it says that a traditional conservator does not owe fiduciary duties?
5th circuit clearly ruled that FHFA conservatorship is a traditional common law conservatorship with addition enumerated authorities.
So FHFA conservator as a common law conservator owes all the common law duties expected of him.
On appeal there is a very good chance that SCOTUS will confirm very well explained/supported 5th circuit ruling.
Perry District and Appeal court rulings are fringe decisions and not main stream decisions.
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