Last week, the en banc panel of the U.S. Court of Appeals for the District of Columbia Circuit issued its long-awaited decision in the tussle between the CFPB and PHH Corp. The ruling addressed two distinct issues in the dispute, the first being the leadership structure of the CFPB, which PHH alleged was unconstitutional. The district court had previously sided with PHH, but the appeals court reversed that component of the ruling, and did so largely on party lines. On the other hand, the appeals court judges transcended party orientation and sided with PHH on the part of the dispute that deals with the Real Estate Settlement Procedures Act. (See following story.) On the question of the constitutionality of the ...
The second part of last week’s ruling by the en banc panel of the U.S. Court of Appeals for the District of Columbia Circuit went in favor of PHH Mortgage in its lengthy legal dispute with the CFPB over issues tied to the Real Estate Settlement Procedures Act. The court upheld the original three-judge panel interpretation of RESPA and its application to PHH in this case, stating that it was improperly applied and that the lender is entitled to the relief granted.More specifically, the en banc court reinstated the Oct. 11, 2016, panel decision related to the RESPA issues, which included vacating the bureau’s order imposing $109 million in disgorgement penalties, and remanded the matter for further proceedings based ...
In response to last week’s ruling by the D.C. Circuit Court of Appeals that confirmed the constitutionality of the CFPB but rejected the bureau’s interpretation of RESPA in its legal dispute with PHH Mortgage, Rep. Jeb Hensarling, R-TX, suggested CFPB Acting Director Mick Mulvaney appeal to the Supreme Court of the United States. “I am deeply disappointed with the court’s decision and hope the Supreme Court will review the ruling in short order,” said Hensarling, chairman of the House Financial Services Committee. “In the meantime, I take great solace in the fact that Mick Mulvaney can use his unchecked, unilateral powers to continue the agency’s transformation into one that will, as he said, ‘exercise [its] statutory authority to enforce the ...
Following up on the recent pledge by CFPB Acting Director Mick Mulvaney to “seek evidence” that the bureau is fulfilling its mission, the CFPB has issued a formal request for information on civil investigative demands, a source of tremendous controversy and uncertainty for the industry during the tenure of former director Richard Cordray. The agency asked for “comments and information from interested parties to assist it in assessing potential changes to the bureau’s CID processes, consistent with law, to consider whether any changes to the processes would be appropriate,” said the document. Entities that have received CIDs as well as their attorneys were invited to comment. “The issuance of CIDs is an essential tool for fulfilling the bureau’s statutory mission ...
The CFPB last week issued another in its series of requests for information – this one focusing on the bureau’s administrative adjudications. “The bureau is seeking to better understand the benefits and impacts of its use of administrative adjudications, and how its existing process may be improved,” the agency said. “This RFI will provide an opportunity for the public to submit feedback and suggest ways to improve outcomes for both consumers and covered entities.” In order to more effectively evaluate suggestions, the bureau asked that comments include specific discussion of the positive and negative aspects of the agency’s administrative adjudication processes, including whether a policy of proceeding in federal court in all instances would be preferable. The CFPB also would like ...
President Trump still needs a permanent director for the CFPB, and rumor has it that the White House is contemplating appointing someone more moderate than Acting Director Mick Mulvaney or House Financial Services Committee Chairman Jeb Hensarling, R-TX. One newcomer to the supposed short list under consideration is Jonathan Dever, a Republican state representative in the Ohio legislature and chairman of its Financial Institutions Housing and Urban Development Committee. In this capacity, he is charged with overseeing the reform of all the state’s financial institution laws, laying out an aggressive agenda of reorganizing and rewriting its foreclosure, lending, real estate, and banking statutes. Another new name being floated is that of Dan Iannicola, president and CEO of the Financial Literacy ...
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