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12 U.S.C. § 5231 — Judicial review and related matters

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5231 — Judicial review and related matters

**(a) Judicial review** (1) **Standard** — Actions by the Secretary pursuant to the authority of this chapter shall be subject to chapter 7 of title 5, including that such final actions shall be held unlawful and set aside if found to be arbitrary, capricious, an abuse of discretion, or not in accordance with law. (2) **Limitations on equitable relief** (A) *Injunction* — No injunction or other form of equitable relief shall be issued against the Secretary for actions pursuant to section 11 So in original. Probably should be “sections”. 5211, 5212, 5216, and 5219 of this title, other than to remedy a violation of the Constitution. (B) *Temporary restraining order* — Any request for a temporary restraining order against the Secretary for actions pursuant to this chapter shall be considered and granted or denied by the court within 3 days of the date of the request. (C) *Preliminary injunction* — Any request for a preliminary injunction against the Secretary for actions pursuant to this chapter shall be considered and granted or denied by the court on an expedited basis consistent with the provisions of rule 65(b)(3) of the Federal Rules of Civil Procedure, or any successor thereto. (D) *Permanent injunction* — Any request for a permanent injunction against the Secretary for actions pursuant to this chapter shall be considered and granted or denied by the court on an expedited basis. Whenever possible, the court shall consolidate trial on the merits with any hearing on a request for a preliminary injunction, consistent with the provisions of rule 65(a)(2) of the Federal Rules of Civil Procedure, or any successor thereto. (3) **Limitation on actions by participating companies** — No action or claims may be brought against the Secretary by any person that div

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Source location: Title 12, Chapter 52, § 5231; chapter-052-emergency-economic-stabilization.md

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**(a) Judicial review** (1) **Standard** — Actions by the Secretary pursuant to the authority of this chapter shall be subject to chapter 7 of title 5, including that such final actions shall be held unlawful and set aside if found to be arbitrary, capricious, an abuse of discretion, or not in accordance with law. (2) **Limitations on equitable relief** (A) *Injunction* — No injunction or other form of equitable relief shall be issued against the Secretary for actions pursuant to section 11 So in original. Probably should be “sections”. 5211, 5212, 5216, and 5219 of this title, other than to remedy a violation of the Constitution. (B) *Temporary restraining order* — Any request for a temporary restraining order against the Secretary for actions pursuant to this chapter shall be considered and granted or denied by the court within 3 days of the date of the request. (C) *Preliminary injunction* — Any request for a preliminary injunction against the Secretary for actions pursuant to this chapter shall be considered and granted or denied by the court on an expedited basis consistent with the provisions of rule 65(b)(3) of the Federal Rules of Civil Procedure, or any successor thereto. (D) *Permanent injunction* — Any request for a permanent injunction against the Secretary for actions pursuant to this chapter shall be considered and granted or denied by the court on an expedited basis. Whenever possible, the court shall consolidate trial on the merits with any hearing on a request for a preliminary injunction, consistent with the provisions of rule 65(a)(2) of the Federal Rules of Civil Procedure, or any successor thereto. (3) **Limitation on actions by participating companies** — No action or claims may be brought against the Secretary by any person that divests its assets with respect to its participation in a program under this chapter, except as provided in paragraph (1), other than as expressly provided in a written contract with the Secretary. (4) **Stays** — Any injunction or other form of equitable relief issued against the Secretary for actions pursuant to section 1 5211, 5212, 5216, and 5219 of this title, shall be automatically stayed. The stay shall be lifted unless the Secretary seeks a stay from a higher court within 3 calendar days after the date on which the relief is issued. **(b) Related matters** (1) **Treatment of homeowners’ rights** — The terms of any residential mortgage loan that is part of any purchase by the Secretary under this chapter shall remain subject to all claims and defenses that would otherwise apply, notwithstanding the exercise of authority by the Secretary under this chapter. (2) **Savings clause** — Any exercise of the authority of the Secretary pursuant to this chapter shall not impair the claims or defenses that would otherwise apply with respect to persons other than the Secretary. Except as established in any contract, a servicer of pooled residential mortgages owes any 22 So in original. Probably should be “a”. duty to determine whether the net present value of the payments on the loan, as modified, is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and holders of beneficial interests in such investment, but not to any individual or groups of investors or beneficial interest holders, and shall be deemed to act in the best interests of all such investors or holders of beneficial interests if the servicer agrees to or implements a modification or workout plan when the servicer takes reasonable loss mitigation actions, including partial payments.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5201 — Emergency treatment

All provisions of this chapter are designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res 11 So in original. Probably should be followed by a period. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008 and rescissions of any amounts provided in this chapter shall not be counted for purposes of budget enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5211 — Purposes

The purposes of this chapter are— (1) to immediately provide authority and facilities that the Secretary of the Treasury can use to restore liquidity and stability to the financial system of the United States; and (2) to ensure that such authority and such facilities are used in a manner that— (A) protects home values, college funds, retirement accounts, and life savings; (B) preserves homeownership and promotes jobs and economic growth; (C) maximizes overall returns to the taxpayers of the United States; and (D) provides public accountability for the exercise of such authority.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 424 — Establishment of the Council of the Inspectors General on Integrity and Efficiency

**(a) Establishment and Mission.—** (1) **Establishment.—** — There is established as an independent entity within the executive branch the Council of the Inspectors General on Integrity and Efficiency (in this section referred to as the “Council”). (2) **Mission.—** — The mission of the Council shall be to— (A) address integrity, economy, and effectiveness issues that transcend individual Government agencies; and (B) increase the professionalism and effectiveness of personnel by developing policies, standards, and approaches to aid in the establishment of a well-trained and highly skilled workforce in the offices of the Inspectors General. **(b) Membership.—** (1) **In general.—** — The Council shall consist of the following members: (A) All Inspectors General whose offices are established under— (i) [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section402&num=0&edition=prelim); or (ii) [section 415 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section415&num=0&edition=prelim). (B) The Inspectors General of the Intelligence Community and the Central Intelligence Agency. (C) The Controller of the Office of Federal Financial Management. (D) A senior level official of the Federal Bureau of Investigation designated by the Director of the Federal Bureau of Investigation. (E) The Director of the Office of Government Ethics. (F) The Special Counsel of the Office of Special Counsel. (G) The Deputy Director of the Office of Personnel Management. (H) The Deputy Director for Management of the Office of Management and Budget. (I) The Inspectors General of the Library of Congress, Capitol Police, Government Publishing Office, Government Accountabilit

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5231 — Special Inspector General for the Trou-

Page 1819 TITLE 12—BANKS AND BANKING § 5231 2 So in original. Probably should be ‘‘a’’. days after the date on which the relief is issued. (b) Related matters (1) Treatment of homeowners’ rights The terms of any residential mortgage loan that is part of any purchase by the Secretary under this chapter shall remain subject to all claims and defenses that would otherwise apply, notwithstanding the exercise of author- ity by the Secretary under this chapter. (2) Savings clause Any exercise of the authority of the Sec- retary pursuant to this chapter shall not im- pair the claims or defenses that would other- wise apply with respect to persons other than the Secretary. Except as established in any contract, a servicer of pooled residential mort- gages owes any 2 duty to determine whether the net present value of the payments on the loan, as modified, is likely to be greater than the anticipated net recovery that would result from foreclosure to all investors and holders of beneficial interests in such investment, but not to any individual or groups of investors or beneficial interest holders, and shall be deemed to act in the best interests of all such investors or holders of beneficial interests if the servicer agrees to or implements a modi- fication or workout plan when the servicer takes reasonable loss mitigation actions, in- cluding partial payments. (Pub. L. 110–343, div. A, title I, § 119, Oct. 3, 2008, 122 Stat. 3787.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’ and was translated as reading ‘‘this divi- sion’’, meaning div. A of Pub. L. 110–343, Oct. 3, 2008, 122 Stat. 3765, known as the Emergency Economic Sta- bilization Act of 2008, to reflect the probable intent of Co

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