ONE Counts 11 and 12 for derivative claims on behalf of FNMA and FREDDIE for Breach of Implied in Fact Contract between the US and companies
Beside an implied in fact contract being a non-verbal contract not on paper, one can demand and or claim anything, the problem start however ones someone does not (or no longer) agrees to the contract (like in this case) then the party who took something from the other party has no proof of whatsoever, and if it goes to trial there is no proof
I assume that is the NWS action was a breach of contract between F and F and Treasury (when Treasury imposed the NWS ?)
It might be, but therefore the implied contract content needs to be disclosed, the government claims conservatorship was agreed on, so maybe the BOD agreed to do whatever the government wishes, who knows, I doubt it though, and surely is not legal, but hey we seen so much by now
TWO
Your comments that an implied in fact contract cannot be put in place by the F and F BODs - due to duty of candor - so how is there a breach of implied …. contract in 11 and 12
In 11 and 12 there is lack of the BOD Fiduciary duty(candor) or a breach of implied in fact contract by FHFA