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Thursday, October 08, 2020 5:50:35 PM
I will take the other side of that argument. I think UST and FHFA wait until oral arguments and consider taking the GSEs out of Conservatorship on Jan 1 in case SCOTUS invalidates HERA if orals go bad for the UST.
The case is too important to prevent future back door nationalizations and to push back against the creep of the Administrative State.
Also - I think you have been consistently wrong on the application of Corporate law and the issues regarding the intention in HERA to use the fairness standards in the resolution process proscribed by the FDIA as it pertains to the ultra vires acts of the FHFA as Conservator.
Time will tell and it is your decision to sell or not before then.
Good luck to Common and JPA alike.
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