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Re: Barron4664 post# 619580

Friday, 07/10/2020 11:34:15 PM

Friday, July 10, 2020 11:34:15 PM

Post# of 794387
"Unless Congress intended to change the common law definition of a conservator and allow the POTUS to be a conservator when they drafted HERA, then the sections of HERA that deal with conservator powers and probably receivership powers will necessarily need to be stricken from HERA. That is what my questions are about."

Very valid thoughts.

With CFPB ruling, an executive agency like FHFA can not be independent. This alone would have been sufficient for lower courts to decide all FHFA cases.

Despite clear CFPB ruling, SCOTUS chose to hear further on Collins case. So this is clearly about separation of powers of Gov regulator, private conservator and receiver. And also about 4617(f) that protects executive agency from judicial and Congressional oversight.

It may also be about very broad Governmental powers delegated to supposedly a private conservator.

Clearly HERA is all about a allowing independent executive agency acting like mob outfit controlled by the revolving door bureaucrats. May be SCOTUS wants to prevent such abuses in future.