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IronMan123

03/03/20 11:38 PM

#595819 RE: jeddiemack #595816

Now wouldn't that be something - government has been saying all along that shareholders lack standing to bring cases against the FHFA and if we get the rulling then the government is going to be told that THEY lack standing to STOP any court action brought against it by shareholders. Open the flood gates.
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RumplePigSkin

03/04/20 8:31 AM

#595832 RE: jeddiemack #595816

jeddie, as much as I would like that outcome it is tantamount to throwing the proverbial baby out with the bath water.

A less "offensive" remedy is to sever the for-cause reason for dismissal that currently binds the President's hands and, this is where it is important from an FnF timing perspective only, cancel the CID from the CFPB against Seila.

If the CID (NWS) from the CFPB (FHFA) is cancelled against Seila (FnF), the the NWS issued by FHFA against FnF becomes illegal and FnF will be entitled to a repayment plus possible damages.

Now the important distinction is the unconstitutionality of the CFPB will provide easy cover for Sweeney to proceed as that is a takings claim, even if SCOTUS doesn't nullify the CID (NWS).

As for Atlas, to me, it is less clear on next steps if the CID (NWS) is not cancelled by SCOTUS.