HUD Delays Mortgagee Letter After Tribal Lawsuit – NMP Skip to main content

HUD Delays Mortgagee Letter After Tribal Lawsuit

Apr 26, 2019
Photo credit: Getty Images/passion4nature

The Department of Housing and Urban Development (HUD) has agreed to a 90-day stay on the effective date of Mortgagee Letter 19-06 following a lawsuit brought by the Cedar Band of Paiutes and its wholly-owned businesses Cedar Band Corp. and the CBC Mortgage Agency (CBCMA).
 
The Utah-based Indian tribe and its businesses sued HUD after the Mortgagee Letter was announced, claiming that it will prohibit CBCMA from participating in home-purchasing assistance programs outside of its tribal sovereignty. CBCMA is a governmental housing agency that provides down payment assistance to borrowers planning to buy a mortgage insured by the Federal Housing Administration. The tribe also alleged the Mortgagee Letter was released without prior notice or comment input and was issued outside of the traditional process that requires presidential approval. The tribe added that the Mortgagee Letter encroaches on tribal sovereignty and goes against federal policy on Native American economic development.
 
"The harm that HUD inflicted on CBCMA and the members of the Cedar Band with this administrative action is staggering," said lead counsel Helgi C. Walker of Gibson Dunn & Crutcher LLP, who represents the plaintiffs. "We are pleased that the government understood the need to hit the pause button and return to the status quo for a period of time. We remain confident that we will prevail in permanently rectifying this unlawful agency action."
 
"We understand that HUD officials must balance protection of the Mutual Mortgage Insurance Fund (MMIF) with its mission of helping low- to moderate-income families fulfill their dream of homeownership," said Bobby Rowser, a member of the Cedar Band of Paiutes who serves on the board of Cedar Band Corp., the parent of CBCMA. "However, limiting the Band to the reservation does nothing to lower defaults on FHA mortgages.  We urge HUD to seek for and evaluate public commentary and data, prior to implementing policy changes."

 
About the author
Published
Apr 26, 2019
West Capital LO Challenges Contractor Status, Required Fees

A former originator alleges unpaid overtime, recurring tech charges, and company restrictions that he says undermine his independent-contractor status

CFPB Closes 40% Of Investigations, Keeps Mortgage Enforcement In Focus

The federal watchdog closed thousands of supervisory and investigative matters as it narrowed oversight

Midterms Loom With Mortgage Policy Changes Already In Motion

As voters head to the polls Tuesday, Washington is weighing changes to refinancing costs, loan pricing, and lending regulations

UAD 3.6 Deadline Is Monday. Are Brokers Ready?

Wholesale lenders have adopted different rules for appraisal transfers, loan product changes, and reporting formats, adding complications for brokers and appraisers ahead of the Nov. 2 mandate

Friday Harbor Expands AI Appraisal Reviews As UAD 3.6 Deadline Nears

The new capability adds more than 350 automated checks as lenders prepare for the November 2 mandate

Oct 27, 2026