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Rocket Mortgage LLC has filed a countersuit against the U.S. Department of Housing and Urban Development (HUD) in Colorado federal court, challenging what it calls "conflicting and irreconcilable" mandates tied to a Fair Housing Act (FHA) lawsuit brought by the Department of Justice (DOJ). The legal battle centers on allegations of appraisal bias and raises questions about lender liability for third-party appraisals.

FHA Lawsuit Sparks Counteraction

The DOJ’s lawsuit, filed earlier this year, accuses Rocket Mortgage and other defendants of appraisal bias, alleging that an independent appraiser undervalued a Black applicant's property during a refinance process. The government claims Rocket failed to request a new appraisal and later canceled the application, actions it says violate the FHA.

In its countersuit, filed Wednesday, Rocket Mortgage asserts that HUD’s stance conflicts with federal rules requiring lender noninterference in appraisers’ independent judgments. Rocket argues that it had "no right or authority" to alter the appraisal and is legally prohibited from doing so under the Dodd-Frank Act.

Conflict Over Appraiser Independence

The Dodd-Frank Act, enacted after the 2008 financial crisis, established strict standards for appraiser independence to prevent lender interference. Rocket contends that HUD’s expectations to "correct" appraisals contradict this independence, putting lenders in a legally untenable position.

Rocket also called HUD's interpretation of the FHA overly broad, urging the court to vacate it.

Broader Implications

Appraisal bias has drawn heightened regulatory attention under the Biden administration, which has prioritized combating discrimination in housing. Critics argue that appraisal disparities contribute to racial wealth gaps by affecting home values and loan terms.

Rocket acknowledged the issue’s seriousness but said lenders cannot reasonably detect subtle biases, particularly when working with independent third-party appraisers. The company emphasized that appraisers themselves should bear accountability for discriminatory practices.

Industry Pushback

Rocket Cos. President Bill Emerson accused the DOJ of targeting the lender unfairly, leveraging its prominence for publicity.

Rocket warned that HUD’s position risks undermining the very protections established by Dodd-Frank to prevent lender manipulation of valuations.

Legal Teams and Defendants

Rocket Mortgage is represented by attorneys from Goodwin Procter LLP, Morganroth & Morganroth, and Spencer Fane LLP. The DOJ is represented by attorneys from its Civil Rights Division and the U.S. Attorney’s Office for the District of Colorado.

Solidifi U.S. Inc., an appraisal management firm also named in the lawsuit, is represented by Alston & Bird LLP. Counsel for other appraiser defendants have not yet made appearances.

What’s Next

Rocket Mortgage’s countersuit seeks a judicial ruling clarifying its obligations and affirming its adherence to federal appraisal rules. As the case unfolds, it could set a precedent for how lenders navigate the intersection of appraisal independence and anti-discrimination laws.