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NAMB files lawsuit against FHFA regarding HVCCMortgagePress.comNAMB, lawsuit, HVCC, appraisers, Federal Housing Finance Agency, Housing Enterprises Financial Safety and Soundness Act of 1992
The National Association of Mortgage Brokers has sued the
Federal Housing Finance Agency (FHFA) regarding its final rule
promulgating the Home Valuation Code of Conduct. The complaint
alleges that the FHFA violated the Administrative Procedure Act and
the Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 by:
1. Placing mortgage brokers at a significant and permanent
competitive disadvantage by forcing mortgage brokers to rely on
lenders and their affiliates to obtain appraisals for their
customers;
2. Failing to provide notice or the opportunity for public
comment;
3. Promulgating a final rule that goes beyond the authority of
the Director of the FHFA to regulate Fannie Mae and Freddie Mac and
which gives "improper delegation" of regulatory authority to the
New York Attorney General; and
4. Promulgating a rule that is "arbitrary and capricious."
NAMB contends that enforcing the final rule will cause
"irreparable harm" and that the rule is "contrary to the public
interest." The complaint requests a declaratory judgment striking
down the final rule and an injunction preventing its
enforcement.
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