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Wednesday, August 16, 2023 10:59:44 AM
Quote: "Barron4664
Re: EternalPatience post# 759486
Sunday, July 16, 2023 11:38:58 AM
Post#
759491
of 763103
Thanks for the suggestion. I think a gofundme at this point would be self-defeating. The nature of the anticipated claim being contemplated is a lawsuit in federal district court alleging an illegal exaction arising from a continuation of injury from the Treasury assessing a commitment fee in the form of increasing Liquidation Preference on the Senior Preferred Shares. Under the little tucker act, the claim must demonstrate monetary damages less than $10,000. The common shares were bought in 2014. The statute of limitations is 6-years. The latest letter agreements and amendments to the SPSPA changing the form of Liquidation Preference fee occurred within the past 6 years and after I purchased the shares. This should extend the SOL from the original agreement according to published DOJ policy. That should establish standing. At this point, I don‘t know how to quantify the monetary injury to share price for these changes to the SPSPA agreement. I dont want to even calculate it because that would devolve down a rabbit hole of expert opinions, testimony etc. just look at the Lamberth Jury trial fiasco.
What I will have is receipts from the federal court for filing and serving the officials. This is a concrete indisputable money damage that arrises from attempting to mitigate a continuous injury to my property arising out of the commitment fee imposed by the Treasury. A question I have is if I limit the exaction to court costs alone, will I have failed to state a claim? If I use other peoples money such as a gofundme at this point, then I couldnt state a claim because I didnt pay the costs.
I anticipate 3 different outcomes.
The most likely would be the claim is dismissed on procedural grounds and subject matter is never adjudicated. This seems to be the preferred method of disposing claims by the gov. I will lose my money.
The claim will be dismissed on subject matter grounds. The Judge will agree that the Treasury had every legal right to impose the commitment fees for access to the line of credit. SpSPA stands, I pay court costs.
The claim is upheld. I am awarded court costs and the Judge finds the SPSPA null and void as agreed to by Treasury for violating FNMA incorporation documents." End of Quote
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