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County of Sonoma v. Federal Housing Finance Agency

Filing Date: 2010
Case Categories:
  • Federal Statutory Claims
    • Other Statutes and Regulations
Principal Laws:
Federal Housing and Economic Recovery Act of 2008
Description: Challenge to FHFA directive that prevented Fannie Mae and Freddie Mac from purchasing mortgages on properties encumbered with liens under Property Assessed Clean Energy (PACE) programs.
  • County of Sonoma v. Federal Housing Finance Agency
    Docket number(s): 12-16986
    Court/Admin Entity: 9th Cir.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/19/2013 Opinion Download Opinion issued (1) vacating district court's order granting plaintiffs' motion for summary judgment and (2) dismissing case . The Federal Housing Finance Agency (FHFA), the regulator and conservator of Freddie Mac and Fannie Mae, issued a directive preventing Freddie Mac and Fannie Mae from purchasing mortgages for properties encumbered by liens created by property-assessed clean energy (PACE) programs. FHFA indicated, among other things, that the first liens of the PACE programs could disrupt the housing market and that there was a lack of underwriting standards to protect homeowners and an absence of energy-saving standards to allow for the valuation of home improvements. Plaintiffs alleged that FHFA must issue a regulation to implement this directive. The district court ruled against FHFA and required completion of notice-and-comment rulemaking. On appeal, the Ninth Circuit dismissed the action, ruling that FHFA’s directive was a lawful exercise of its statutory authority as conservator, and that the courts therefore lacked jurisdiction.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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