Fannie Mae-No Politics (FNMA)

[obiterdictum]

Obi, if money wasn’t an issue. What would you sue the government for, knowing what we know today.

Hypothetically, to file complaints, there must be substantial holdings of pre-conservatorships Fannie and Freddie preferred and common stock as a long term investment. That is, before 2008 or at least before 2012.

If the above condition is met, the following complaints would be filed in 2012:

In the US Court of Federal Claims, file a complaint seeking just compensation for a regulatory taking of property in violation of the 5th Amendment of the US Constitution.

In district court, file a complaint for a declaratory judgment and injunctive relief of injury suffered by agency violations of the APA and HERA through vacating the net worth sweep. File a complaint for declaratory judgment and compensation on claims for breach of contract, breach of the implied covenant of good faith and fair dealing regarding liquidation preferences and, breach of the implied covenant with respect to dividend rights.