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Saturday, December 07, 2019 10:01:20 PM
Obi,
Defendant's twisted interpretation of HERA succession clause in the context of conservatorship (or receivership) appears to be totally ridiculous. It was never meant to be used for nationalization and robbing of conservatees (private shareholder companies) because Congress never authorized it.
Succession clause was meant for enabling conservator to manage the conservatees without undue interference from shareholders and finally end the conservatorship when conditions for conservatorship no longer exist.
But Defendants want courts to interpret HERA succession clause so as to authorize FHFA conservator to nationalize and rob the conservatees. This seems to be the main issue here.
Suppose if CFC determines that conservatorship and NWS are unauthorized acts, then can CFC invalidate these acts?
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