Massachusetts Delegation Urges FHFA to Delay Implementation of New Super Lien Policy

Last Monday, May 16th, Senator Elizabeth Warren (D-MA) published a letter on her website from the Massachusetts congressional delegation to Federal Housing Finance Agency (“FHFA”) Director Mel Watt urging him to delay implementation of FHFA’s new policy on state super lien laws until the public has had a chance to comment on the issue. As stated in the letter, “Given the widespread effect that FHFA's new policy will have, we believe the agency should solicit and consider public comments before implementing it. Accordingly, we request that FHFA delay implementation of its new policy on state super lien laws and set up a process for obtaining and reviewing public comments on the issue. FHFA should consider how its policy would advance each of its statutory purposes, including its obligation to ensure that ‘the operations and activities of each regulated entity foster liquid, efficient, competitive, and resilient national housing finance markets.'"

Massachusetts, along with 21 other states and the District of Columbia, have super lien laws that give homeowners associations liens priority over first mortgage liens which allows homeowners associations to foreclose on a property to collect the priority portion of their lien. This usually consists of up to six months’ worth of owed fees. FHFA announced a policy last year under which it will not consent to the foreclosure of Fannie Mae or Freddie Mac liens in connection with these super lien laws. SFIG has actively engaged Congress in the super lien issue and urged a balanced solution under which homeowners are notified before foreclosure proceedings are initiated, thereby providing them with an opportunity to pay the homeowners association fees first. For questions about SFIG’s advocacy on this matter, please contact Thomas.Mccrocklin@sfindustry.org or Daniel.Goodwin@sfindustry.org. To join SFIG’s GSE Reform Task Force and learn more, please contact Amanda.Bateman@sfindustry.org.

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