Short sale resolutions at Fannie, Freddie are increasing rapidly, new reports show – NMP Skip to main content

Short sale resolutions at Fannie, Freddie are increasing rapidly, new reports show

Mar 29, 2009

A message from NAMB President Marc Savitt: Trial granted for NAMB's HVCC lawsuit Marc SavittNAMB, HVCC, alwsuit, appraisals, Temporary Restraining Order, FHFA As you know, on Feb.23, 2009, the National Association of Mortgage Brokers filed a lawsuit against the Federal Housing Finance Agency (FHFA) over the controversial HVCC included in agreements between New York Attorney General, Andrew Cuomo, Fannie Mae and Freddie Mac (GSEs), and their regulator, the FHFA. This week, the litigation took a major step forward as NAMB filed its initial brief outlining why the HVCC is unlawful and should be disallowed. The 45 page document was supported by numerous affidavits, exhibits, and other materials which demonstrated the grave problems created by the HVCC. NAMB is asking the U.S. District Court for the District of Columbia to take any one of several actions that would invalidate the HVCC. As expected, the court declined to rule immediately that the HVCC should be withdrawn without first permitting FHFA to present its arguments, and thus the court has denied NAMB's request for an immediate Temporary Restraining Order. However, in doing so, the court expressly reserved judgment on the merits of NAMBs position, which the court has yet to address. What does this mean? The District Court may block implementation of the HVCC through an immediate Temporary Restraining Order (TRO), a Temporary Injunction, or a Permanent Injunction. A TRO is rarely grantedit requires a showing that a party faces immediate and irreparable harm if a TRO is not granted and, when granted, typically is in effect only for a matter of days. Because the District Court did not find that there would be immediate and irreparable harm done to appraisers or mortgage brokers within the next few days if a TRO was not granted, the court ruled that a TRO was not appropriate. That decision does NOT mean that the District Court denied NAMB's claim. To the contrary, the litigation is now proceeding to the next stage, when NAMB will have an opportunity to present its case to the court, which will then make a ruling. NAMB has requested an expedited hearing process given the close proximity of the HVCC effective date. NAMB continues to seek both a temporary injunction and permanent injunction blocking implementation of the HVCC, and is seeking resolution of the matter in the coming weeks. Despite the initial good news, there is much more to be done! NAMB is so grateful for your support thus far, but we still need your help! Please continue to circulate the donation letters to appraisers and real estate agents, and contact your fellow NAMB members and urge them to contribute. More than ever, the time to act is NOW. If you have any questions, please send an e-mail to [email protected]. Sincerely, Marc Savitt, CRMS, President National Association of Mortgage Brokers
About the author
Published
Mar 29, 2009
Rocket Raises Conforming Loan Limit To $845K Ahead Of FHFA

The higher limit gives brokers more room to keep borrowers from crossing into jumbo territory

Sep 10, 2026
Rocket Pro Launches ‘Moving Squad’ To Recruit Brokers From UWM

Rocket is offering partners up to $10,000 to help bring UWM brokers onto its platform

Sep 01, 2026
NEXA, UMortgage Leaders Explain What Drove Acquisition

Kortas relinquishes the CEO title, elevating Casa to co-equal "executive partner"

Aug 31, 2026
Warsh Sees Housing Strain, Keeps Rate Hikes In Play

Fed chair says broader financial conditions remain loose, inflation is too high, and markets should expect less guidance on what comes next

Aug 31, 2026
July CPI Eases Mortgage-Rate Risk, But Doesn’t Promise Relief

Consumer inflation rose just 0.1% in July, reducing pressure for a September Fed rate hike as mortgage rates remain near their highest levels of the year

Aug 13, 2026
The Fed Held. The Mortgage Market Got A Warning.

Three policymakers favored an immediate hike, while Warsh welcomed higher bond yields and offered no clear path toward mortgage-rate relief

Jul 30, 2026