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.
The Federal Housing Finance Agency, under the leadership of Bill Pulte, has made at least three criminal referrals to the DOJ about mortgage fraud, involving two Democrats.
Federal Reserve Governor Lisa Cook, in a lawsuit challenging her termination by Trump, argued that the president’s action would shatter the independence provided to the Fed.