Circuit conflicts exist as to the first question "whether the government is the government." The First Circuit Court of Appeals in this case determined that "FNMA is not the government or a government actor subject to the Due Process Clause of the U.S. Constitution when taking property from a private citizen." The U.S. Supreme Court determined in Collins v. Yellen that the Federal Housing Finance Authority is an instrumentality of the U.S. Government. The First Circuit maintains that Federal National Mortgage Association ("FNMA") is not the government and does not need to comply with the U.S. Constitution.

Whether FNMA is an instrumentality of the U.S. Government and/or state government or whether Congress authorized FNMA to take private citizens' property without due process of law or adherence to any state consumer and property law.

Whether FNMA is an instrumentality of the U.S. Government and/or state government authorized to take private citizens' property without due process of law