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obiterdictum

12/05/15 1:31 AM

#322508 RE: Mikey Mike #322502

Always in touch until this is resolved......

If the GSEs are placed in receivership while the current cases are still active and undecided, amended briefs can be submitted to adjust to the new circumstances. If the cases are dismissed while in receivership, an appeal can be made. If the cases are dismissed after receivership is complete and the companies are liquidated, the GSEs as known today will not exist and so filing a suit will not go well.

If plaintiffs file a new suit and a federal statue of limitation is invoked by the defendants against plaintiffs filing for damages and losses after a liquidation, the plaintiffs' right to sue or make a claim may be barred forever. This barring may be circumvented or the statue of limitations extended by the plaintiffs invoking a "discovery rule" that allows a suit to be filed after a civil loss or injury is discovered such as in the case of loss and damage discovery coming about through the receivership and liquidation or to claim that a statue of limitation is "tolled" or extended due to newly discovered loss and damages incurred by the receivership and the liquidation process. The possibility of success in applying the discovery rule and tolling to extend statues of limitation is unknown.