As previously reported, the U.S. Department of Housing and Urban Development issued Mortgagee Letter 2019-06 in April of 2019 to impose new documentation requirements for down payment assistance provided by government entities to be used in connection with Federal Housing Administration (FHA) insured loans. CBC Mortgage Agency, which is an instrumentality of the Cedar Band of Paiutes Indian American tribe, operates the Chenoa Fund down payment assistance program. The Agency challenged HUD’s action in the U.S. District Court for Utah. According to reports, Judge David Neffer recently granted a preliminary injunction preventing HUD from implementing the requirements.

The requirements originally were scheduled to go into effect for case numbers assigned on or after April 18, 2019, and HUD later extended the effective date to July 23, 2019, as a result of the lawsuit. At the least, the preliminary injunction will further delay HUD’s attempt to implement the new requirements.