Fannie Mae (FNMA)

[Robert from yahoo bd]

Clarence, did you see this? On Friday SCOTUS granted a Writ for ANOTHER Pacific Legal Foundation case (PLF has been slam dunking the ball in the Supremes court for awhile!)

The case is: Tyler v. Hennepin County, Minnesota

ONCE AGAIN they have a sympathetic Plaintiff American who has been the unfortunate victim of Gubmint overreach (this time, it's a county). Seems the county actioned off a 94 yr old ladys condo for $15k in delinquent county real estate taxes and fees for $40k and put the $25k left over into the county operating budget).

Issues: (1) Whether taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Fifth Amendment's takings clause; and (2) whether the forfeiture of property worth far more than needed to satisfy a debt, plus interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment.

https://www.scotusblog.com/case-files/cases/tyler-v-hennepin-county-minnesota/

From the PLF brief: "Tyler also alleged in the alternative that the
County unjustly enriched itself by reaping the windfall at her expense.

At common law in
England and the United States, government could only take as much as
it was owed in taxes, penalties, interest, and costs. When government
took property and sold it for more than the debt, any surplus proceeds
belonged to the former owner. By failing to honor this traditional
property right and refund the $25,000 to Tyler or otherwise pay her for
her equity interest, the County took her property without just compensation.

In the event that Tyler’s constitutional and statutory claims fail to
provide relief, then her claim of unjust enrichment should ensure that
the government is not unjustly enriched at her expense. The district court
erred in dismissing her claim.
This Court should reverse and remand."