Replies to post #304227 on Fannie Mae-No Politics (FNMA)

[brandemarcus]

If you think about the implications of what the defense is claiming, then the incentive for attracting private capital to mortgage market is being thrown away. Who would ever want to be a partner with the government with that case as a precedent? Fool me once -gse's- shame on you. Fool me twice... Private capital is not that stupid!
Some day the government might figure out that even if they "win", they actually lose! They can't replace the Gse's with out private capital.
Only alternative is all government but Corker& company will never get Hensarling and Shelby to go for that! Stalemate! The longer they drag this out-(court cases ), the longer they hold the housing finance market hostage!

[FreezeThese]

Gov act of desperation?

Bringing to the court's attention a ruling which may prove precedent: pretty logical quite frankly.

The purpose of the fifth Amendment is to prevent the "[g]overnment from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.

In order to have a cause of action for a Fifth Amendment takings, the plaintiff must point to a protectable property interest that is asserted to be the subject of the takings.

In assessing whether a regulatory takings has occurred, courts generally employ the balancing test set forth in Penn Central, weighing the character of the government action, the economic impact of that action and the reasonableness of the property owner's investment backed expectations.

"Those who do business in the regulated field cannot object if the legislative scheme is buttressed by subsequent amendments to achieve the legislative end."