Tuesday, August 31, 2021 5:51:08 PM
All shareholder rights are covered in the 3 dozen lawsuits, the shareholders have both direct, derivative lawsuits, so no matter how the coin flips each aspect is covered by another lawsuit, for the government, this spells trouble, as sure every loophole they thought was covered in HERA, but they forgot the common law part, so eventual relief must be given on common law, as changing common law is not possible, the conservatorship just started on the wrong basis, all documents are sealed and conservatorship behavior is tested in court, this is not something that will stand the test of time
The claims in front of the court are structured as
1) Direct
2) Derivative
3) Common law
4) Mix of all the above
This issue is not something the government should want to play either as eventually the outcome in both direct and derivative will cause them harm
The fine-tuning by the government got totally out of control and shows they do not have/had a basic understanding of how Solvable the matter is under their principles and what the damages are for them if they win, this problem is caused by the multiple layers of defense as too many people do not really understand the scope of the matter, and are hired to address specific points, losing the overall picture.
They work for the government and being a fiduciary as FHFA-C that is as government owned, and a fiduciary as government itself, spells out problems for the ethics, and if in the future a conservatorships remains a possibility, or if that will be foreclosed forever due to their actions
So the future shareholders will not agree to HERA being able to self-deal, as the old shareholders did not agree to it either, since it was not told upfront that it could play outside a “conservatorship statute”
That begs the question kicking the can down the road might be in the best interest of the shareholders, the problem just keeps getting bigger for the government, but the common law will stay the same forever, that for sure, and not a thing they can do about it
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