Saturday, July 18, 2020 1:48:06 AM
It is a ongoing controversy and SCOTUS should resolve it. Either way it should work in favor of shareholder. Currently Gov and Courts conveniently hold FnF as both private and not private so as to help Gov against private parties.
If FnF are "not purely private actors" as per SCOTUS then how can FHFA conservator be private actor. IF SCOTUS rules FHFA conservator as Gov actor then Gov becomes responsible for all lawless acts of FHFA Conservator.
SCOTUS:
"The only remaining example is the Federal Housing Finance Agency (FHFA), created in 2008 to assume responsibility for Fannie Mae and Freddie Mac. That agency is essentially a companion of the CFPB, established in response to the same financial crisis. See Housing and Economic Recovery Act of 2008, 122 Stat. 2654. It regulates primarily Government-sponsored enterprises, not purely private actors. And its single-Director structure is a source of ongoing controversy."
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