The lawsuits Challenge a list of several pages and almost everything is covered we can think of right now
1) The FHFA put FnF into conservatorship on agreed consent, then the liquidation preference should be paid down but the companies are not allowed to do so per contract. 2) The FHFA acted as Receiver but their statute was conservatorship (see 5th circuit en banc) 3) 5 U.S.C. § 706(2)(C), (D), affords relief because FHFA exceeded its statutory conservator authority under 12 U.S.C. § 4617(b)(2)(D). Etc etc etc
The statute of limitation are several, if you are an owner pre conservatorship you have standing, if you bought after the conservatorship you agreed to buy stock in in conservatorship companies, so it is depending on what they do and how they un-raffle the (temporary) conservatorship and if they do what a conservator should do(preserve and conserve), and it is depending on what plaintiffs ask for
The succession act is under fire, as HERA itself contains a lot of conflicts, how can you for instance “preserve and conserve” and act simultaneously in the best interest of the FHFA itself, then if right are received under the succession clause they better be legal and not conflict each other or they need to be withdrawn, and this is the issue in the lawsuits, so because you received rights it doesn’t mean you can act beyond your conservator statute, what obviously happened here
What decisions are being challenged right now aside from the NWS?
What decisions should be challenged? What is the statute of limitations? How can anything be successfully challenged with the succession clause in place?