Friday, November 08, 2019 7:29:45 PM
yes, this opinion clearly states “the government” (doesn’t matter who specifically as all run under the same umbrella with more or less the same powers) in several paragraphs with a dozen of lawsuits as backup, it is not allowed by statue to take ownership and or voting right of a company, and indeed although broad powers are allowed a takeover is not allowed in HERA nor any other statue that I’m aware of, so it looks like the basics although overruled in this case, still apply to our case , FHFA did not receive congressional power to takeover FnF with voting power, it clearly is a steps outside conservatorship too as the only mandate would be to conserve and preserve
Of course the government is in a difficult position but lack of standing doesn’t resolve the issue on hand, in our case we do have standing so the same basics apply to us here, the government cannot force a company to voluntary agree to a 79.9% giveaway of the company, as that is not the job of a conservator statue and as judge wheeler said “There is no law permitting the Federal Reserve to take over a company and run its business in the commercial world as consideration for a loan.”
The statue of a conservatorship does not allow (gave permission to) the treasury to own warrants that entitle them to more than the initial loan
All various agencies are bound by the powers congress gave them, and nowhere it is allowed to takeover ownership of a company in conservatorship, conservatorship is about giving loans and payback, not ownership
The same rule applies in our case, HERA did not authorize the FHFA to demand equity or voting control as consideration in the SPSPA
Maybe it does, maybe it doesn’t , but for sure the government did not authorize FHFA to takeover FnF
So all in all, if you take the rule of law, it looks like FHFA cannot execute or even own in that matter, the warrant, it is illegal as conservator to own(force a company) and take the voluntary 79.9% warrant in consideration of a loan, Right?
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