Utah American Indian Band Sues U.S. Department of Housing & Urban Development To Stop Unlawful Destruction Of Its Home-Purchasing Assistance Program
CBCMA is a subsidiary of
HUD's Mortgagee Letter purports to be an informal "guidance" document that merely "clarifies" existing law governing the provision of down payment assistance. In fact, the Mortgagee Letter represents a radical shift in longstanding HUD policy that effectively outlaws CBCMA's business and pulls the rug out from under many borrowers, who now will be unable to close on their home purchase.
The Mortgagee Letter is the result of an improper process and violates federal law. HUD released the letter without prior notice, without soliciting comment, without consulting with affected American Indian tribes and bands, and without gaining the approval of necessary executive branch officials, including the President. HUD does not have the statutory authority to establish the rules contained in the Mortgagee Letter, and it infringed Plaintiffs' due process right to fair notice. The Mortgagee Letter also encroaches on tribal sovereignty and contradicts the established federal policy of promoting the economic development of American Indian tribes and bands.
Lead counsel
Co-counsel
Mortgagee Letter 19-06 is an effort to force
Contact: Doug Elmets
916-329-9180
SOURCE
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