Fannie Mae-No Politics (FNMA)

[clarencebeaks21]

HERA transferred that contingent right temporarily to FHFA as Conservator. The Director thus possesses the JPS right to vote (and IMO he would do so if triggered, but obviously just as a formality).

HERA does not require him to ask how you would’ve voted. And thanx to SCOTUS, as long as he acts within HERA authority, and his explanation rationally supports the public interest, such a decision survives an APA 702 challenge. So that legal door is nailed shut.

Still. Might a ‘Director-for-JPS vote’ be a new cause of action firm enough to support yet another claim? Maybe. Maybe not. I think the USG is delaying permanent F/F decisions until at least one of the two Fairholme cases resolves, one way or another. The losing party in COFC will apply for Writ of Cert with SCOTUS, who should decide by Xmas whether or not to hear it. And that will bear heavily on the recap timeline. So whatever future you want —we should see at last see the map reveal its hidden secrets (ala Harry Potter) by December 2022. Which is also after mid-terms.