Court of Appeals for the Fourth Circuit April 10, 2012, 10-2245 (Doral Bank PR v. Federal Home Loan Mortgage Corp.)

DAVIS, Circuit Judge,

dissenting:

The majority holds that § 1.1 of the parties’ Interim Servicing Agreement *41(“ISA”) constitutes a liquidated damages clause, and that the payment Freddie Mac agreed to make pursuant to that clause is an unenforceable penalty.