With CFPB Director Richard Cordray’s tenure possibly on the line while a pro-business President-elect Donald Trump works on staffing up his incoming administration, the bureau earlier this month filed its highly anticipated appeal to the full U.S. Court of Appeals for the District of Columbia Circuit in its long-running dispute with PHH Corp. Back in mid-October, in PHH Corp. v. CFPB, a three-judge panel of the court nixed the agency’s $109 million penalty against the lender under the Real Estate Settlement Procedures Act, and determined that the CFPB’s leadership structure was unconstitutional because it is run by a sole director who can only be removed for cause. While an appeal by the bureau was widely expected, the issue took on ...
In its petition to the U.S. Court of Appeals for the DC Circuit that is surprisingly brief, given what’s at stake in its dispute with PHH Corp., the CFPB seems to have abandoned its position that statutes of limitations do not apply to its administrative enforcement proceedings, legal observers suggest. This could provide a significant amount of legal certainty to lenders, if in fact it proves to be the end of the matter. In a client note reviewing the agency’s petition, attorneys with the BuckleySandler law firm in Washington, DC, pointed out, “Perhaps most significantly, the bureau’s petition does not request rehearing of the panel’s conclusion that RESPA’s three-year statute of limitations applied to administrative as well as judicial actions ...
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