context: The HOA's lien, which attached prior to FHFA's placing of Fannie Mae into conservatorship, is not extinguished by section 4617(j)(3) and does not lose its priority status, so the HOA is not deprived of its property interest. However, section 4617(j)(3) does prevent the HOA from selling the Property at foreclosure'free and clear of Fannie Mae's Deed of Trust, and "at some point a delay in the ability to exercise property rights may constitute a compensable taking."
citation_a.signal: see also
citation_a.identifier: 19 F.3d 225, 225
citation_a.parenthetical: "Unmitigated delay, coupled with diminishment of distinct investment-backed expectations, may, at some point, infringe on the entire 'bundle' of rights enjoyed by the Appellants to the point that a compensable taking occurs."
citation_a.sentence: Cebrick, 53 F.3d at 24 (finding that a delay in the enforcement of a tax lien against the FDIC caused by 12 U.S.C. § 1825(b)(2) at some point would rise to the level of a due process violation); see also Matagorda Cnty., 19 F.3d at 225 (“Unmitigated delay, coupled with diminishment of distinct investment-backed expectations, may, at some point, infringe on the entire ‘bundle’ of rights enjoyed by the Appellants to the point that a compensable taking occurs.”).
citation_b.signal: no signal
citation_b.identifier: 53 F.3d 24, 24
citation_b.parenthetical: finding that a delay in the enforcement of a tax lien against the FDIC caused by 12 U.S.C. SS 1825(b
citation_b.sentence: Cebrick, 53 F.3d at 24 (finding that a delay in the enforcement of a tax lien against the FDIC caused by 12 U.S.C. § 1825(b)(2) at some point would rise to the level of a due process violation); see also Matagorda Cnty., 19 F.3d at 225 (“Unmitigated delay, coupled with diminishment of distinct investment-backed expectations, may, at some point, infringe on the entire ‘bundle’ of rights enjoyed by the Appellants to the point that a compensable taking occurs.”).