Rocket claims prepayment rates on the loans bought as part of UWM’s MSR deals are roughly 2.5 times greater than prepayment rates for comparable pools and resulted in nearly $100 million in damages.
Industry attorneys said the Second Circuit ruling for the second time in favor of federal preemption, in contrast to First and Ninth circuit rulings, increases the odds that SCOTUS will have to revisit the issue.
The Trump administration continues to tease a 2025 capital raise for the GSEs but industry experts remain skeptical this can be done in a safe, sound manner.
Relying on the Supreme Court’s direction to apply a “nuanced comparative analysis” for determining federal preemption, some lower courts are finding that the National Bank Act doesn’t preempt state laws.