Monday, February 24, 2020 7:36:58 PM
In addition, there is the "Implied Covenant of Good Faith and Fair Dealing", which is subject matter before Judge Lamberth.
You keep assuming that the FHFA can do whatever it wants and be in a legal vacuum. That is not true!"
Any conservator's primary duty is to act in the best interest of conservatees as per the well accepted legal and usual meaning of conservator.
However some miscreants in Gov, mischievously interpreted ancillary clauses in HERA so as to mean that Gov Conservator can primarily act in Gov's interest. However some judges also have correctly interpreted this clause to prevent conservator from robbing the conservatees.
5th Circuit ruled that plaintiffs have APA claims against FHFA conservator, affirming that FHFA conservator is in fact a Gov entity. In US no single Gov entity has unchecked powers and all US entities have to comply with some form of APA.
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