that (i) HUD failed to provide a "reasoned analysis" for its change in policy, (ii) HUD ignored reasonable alternatives (such as charging mortgage-insurance premiums that varied according to the risk of default), (iii) HUD relied on data that was not provided to the public, and (iv) HUD's secretary (Alphonso Jackson) had prejudged the outcome before all public comments had been received. At about the same time, another provider of seller-funded down-payment assistance (AmeriDream) filed a similar action in a different court. On October 31, that other court issued a temporary order barring HUD from implementing the regulation until a final disposition had been reached. The court in Nehemiah issued its final ruling in February 2008, finding that Nehemiah prevailed on some (but not all) of its allegations. The court ordered HUD to vacate the regulation. Direct Congressional action came in April 2008 when the Senate passed the FHA Modernization Act of 2008. Section 2113 of the Act declared a seller-funded down payment to be a "prohibited source" of the minimum required down payment, and did so with wording that was identical to that used by HUD in its 2007 regulation. After being included as part of the Housing and Economic Recovery Act of 2008, it was signed into law on July 30, 2008. The prohibition of seller-funded down payments took effect on October 1, 2008. Aftermath One day after the Housing and Economic Recovery Act was signed into law, Representative Al Green of Texas introduced a bill that would have permitted the FHA to insure mortgage loans that had seller-funded down payments, so long as the home buyers had FICO credit scores that were above a specified minimum (but, in some cases, the buyers would have been assessed higher mortgage-insurance premiums by the FHA). Nehemiah supported this legislation and established a web site—the now-defunct dpagroundswell.org—that sought to generate public support through various means, including a letter-writing campaign to members of Congress. Although the bill succeeded in getting approval from the House Committee on Financial Services, it was never voted on by the entire House and, hence, did not become law. With this legislative failure, the seller-funded down-payment industry, including Nehemiah, ceased operations as of October 1, 2008. By that time, the Nehemiah Program had assisted over 300,000 home buyers with over $1 billion in down payments. In December 2008, HUD complied with the orders in the Nehemiah and AmeriDream cases