Johnson v. United States Department of Housing and Urban Development (Hud), 911 F.2d 1302 (1990)

Citation: Johnson v. United States Department of Housing and Urban Development (Hud), 911 F.2d 1302 (1990)
Parent Document: Johnson v. United States Department of Housing and Urban Development (Hud), 911 F.2d 1302 (1990)
Jurisdiction: United States (federal)
Effective Date: 1990-10-29
Original Source: https://www.courtlistener.com/opinion/546951/johnson-v-united-states-departme... ↗

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After what the government concedes is a somewhat unusual change of position, HUD sides with the plaintiffs on appeal. In support of its motion for summary judgment before the district court, HUD argued that the Preservation Act applied only to mortgage prepayment and changes in the mortgage agreement involving additional financial incentives, not voluntary mortgage insurance termination. However, relying on Congress' enactment of the Reform Act after the district court's decision, HUD now argues that the Preservation Act always included within its scope the termination sought by the owners and mortgagee of the Hillvale complex. HUD admits that it did not comply with the Preservation Act by requiring Hillvale to submit a "notice of intent" and "plan of action," and therefore agrees with plaintiffs that the judgment in HUD's favor should be reversed. A.

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