Replies to post #694607 on Fannie Mae-No Politics (FNMA)

[Wise Man]

@Ano, remind me what I told you will happen to you, if you ever omit again "authorized by this section" in the statutory provision that states: "take any action authorized by this section".
Please, just leave.

although HERA says it can take any action

[Golfbum22]

Can u give this info to our idiot lawyers

They need all the help they can get

Lol

[kthomp19]

although HERA says it can take any action, common law describes in for instance the “Handbook for Conservators”, what it means to be a conservator, in my opinion, HERA reads as a conservator should conserve and preserve

Your opinion is irrelevant here. The Supreme Court said the opposite, that FHFA-C does not have to preserve and conserve FnF's assets if FHFA-C deems such non-conserving/preserving actions as being in the best interests of the Agency.

It's a mind-boggling conclusion, but it's reality. When will you finally accept that?

all the DUTIES from the BOD are taken and transferred to the FHFA

WRONG!!! Read the freaking law!

(2) General powers
(A) Successor to regulated entity
The Agency shall, as conservator or receiver, and by operation of law, immediately succeed to—
(i) all rights, titles, powers, and privileges of the regulated entity, and of any stockholder, officer, or director of such regulated entity with respect to the regulated entity and the assets of the regulated entity; and
(ii) title to the books, records, and assets of any other legal custodian of such regulated entity.

The word "duties" IS NOT IN THERE.

A fiduciary duty is not a right, it's not a title, it's not a power, and it's not a privilege.

Also note the bolded part: shareholders are neither "the regulated entity" nor "the assets of the regulated entity". Meaning your claim is wrong for more than one reason!

among others the BOD also has fiduciary duties towards shareholders, so this duty by A6 is also transferred to the FHFA, the FHFA statute however says it can take any action, so depending on what action is taken it might or might not breach it,

Wrong again. 4617(a)(6) says NOTHING about a transfer of fiduciary duties. Again, read the freaking law. As it is actually written, not as you wish it to be interpreted.

(6) Directors not liable for acquiescing in appointment of conservator or receiver

The members of the board of directors of a regulated entity shall not be liable to the shareholders or creditors of the regulated entity for acquiescing in or consenting in good faith to the appointment of the Agency as conservator or receiver for that regulated entity.

Every fiduciary duty claim has been shot down. So again, your opinion on the matter is irrelevant here. Judges have ruled on this, they say you're wrong, get over it. Or file your own lawsuit. And when you do, please do us a favor and give us the case number, court, and other identifying information so we can follow along.

This means the link you claim exists between 4617(a)(6) and 4617(f) in fact doesn't, because as three different judges have said, FHFA has NO fiduciary duty to shareholders.

the FHFA obtained powers in A6

Wrong. FHFA did not receive any powers at all from 4617(a)(6). Go read it again.

Then if you combine A6 and F it is clear the BOD gave the duties to the FHFA

Sorry, two wrongs don't make a right here. Only another wrong.

Considering these are only 2 provisions, one can imagine FHFA is in Deep Deep Deep Trouble

"Deep Deep Deep Trouble" how? Especially when you refuse to file your own lawsuit?

[stoxjock]

Thanks very much Ano for all your insightful DD and posts on these breaches of constitution & Fiduciary duties and on the Power Grab by Executive/Legislature... But out biggest problem seems to be the Supremes/Judicial branch which seems to the 'fawning' at all these Fraudulent actions by FHFA, which is using Unbridled Power 'endowed into it' by Selfish & Corrupt Executive & Legislative tive branches actions.

Given that the Judiciary is either 'too lazy' to comprehend this wholesale 'encroachment' of its powers Or doesn't really care about the Fraudulent actions that the Shareholders of FnF have been subjected to, Is there really any real hope for Remedy for the Shareholders? TIA & GLTU!