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Home » Topics » Inside the CFPB » Enforcement

Enforcement
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Congress Passes Short-Term Spending Bill, Avoids Shutdown

December 8, 2017
Congress on Thursday passed a stopgap-spending bill to prevent a potential government shutdown and to give lawmakers time to negotiate crucial issues. The House voted 235-193 to pass the measure. A short time later, the Senate quickly approved it 81-14. The temporary spending bill will keep the government running through Dec. 22. The continuing resolution or CR, that has kept the government open would have expired on Dec. 8. Both the House and Senate are scheduled to adjourn on Dec. 15. Congress will need to pass a final appropriations bill or another continuing resolution to keep the government operating after Dec. 22. Despite differences over tax reform, FY 2018 budget, immigration, health care and other issues, lawmakers do not want a shutdown, mortgage industry sources said. Republicans, in particular, hope to enact their $1.5 trillion tax package by Christmas. On the other hand, ...
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CFPB Seems to Shift in Mortgage Enforcement Case, Judge is Set to Further Consider English Challenge

December 7, 2017
Under new management, the Consumer Financial Protection Bureau this week took action that may be a harbinger of a more laissez-faire approach to regulatory enforcement.
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Guaranteed Rate Initiates Lawsuit Against Former Mortgage Lending SVP for Talent Raid

December 7, 2017
Guaranteed Rate is accusing a former top executive of raiding talent at the Chicago-based firm by planning a mass exodus of key employees for a newly launched competitor across town. But Joseph Caltabiano, the company’s former senior vice president of mortgage lending, denies the allegations.
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Cordray is Gone, Mulvaney Sets a New Tone for Consumer Bureau

December 4, 2017
Office of Management and Budget Director Mick Mulvaney, President Trump’s choice to serve as acting director of the CFPB, assumed control of the agency Monday, Nov. 27, 2017, and quickly established a dramatically different direction for the agency, one far less hostile to the financial services industry. In his first press conference as acting director, one week ago, Mulvaney shook things up while trying to strike a more balanced approach, one far less hostile towards the financial services community. “This is an ordinary course of business in Washington, DC. What you’re witnessing today at the CFPB happens at every single agency every couple of years, which is a transition,” he said. [Includes a timeline chart.]
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Trump Wants to Fix ‘Awful,’ ‘Unaccountable’ Agency: Mulvaney

December 4, 2017
During his first press conference as acting director of the CFPB, Mick Mulvaney spelled out the charge he was given in taking control of the agency, and elaborated upon his view of the bureau as a regulatory entity that has overstepped its bounds. “[President Trump] wants me to fix it,” Mulvaney began. “He wants me to get it back to the point where it can protect people without trampling on capitalism, without choking off the access to financial services that are so critical to so many folks.” He then cited the “many folks who are in the lower and middle classes, folks who are trying to start their own businesses, people who are trying to break out, people who are ...
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She Said, He Said: English’s Arguments vs Trump’s

December 4, 2017
The biggest CFPB story of the year – which appointee is authorized to head up the agency in the case of a resignation of the director – involves competing legal arguments interpretations of two federal laws.Deputy Director Leandra English is relying on the CFPB succession provision of the Dodd-Frank Act, while Acting Director Mick Mulvaney and the Trump White House are relying on the text of the Federal Vacancies Reform Act. The crux of their respective arguments to the U.S. District Court for the District of Columbia follows. English’s brief to the court declared: “The Dodd-Frank Act is clear on this point: It mandates that the deputy director ‘shall serve as the acting director in the absence or unavailability of the
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The CFPB’s Own General Counsel Supports White House Position

December 4, 2017
One of the most surprising aspects of the sudden drama associated with the departure of Richard Corday as director of the CFPB – who started at the bureau with a cloud of controversy and left it the same way – is that the bureau’s own general counsel, Mary McLeod, supported the position of the Trump administration in the struggle for control of the agency. “Questions have been raised whether the president has the authority under the Federal Vacancies Reform Act to designate Mick Mulvaney, the director of the Office of Management and Budget, as the acting director of CFPB following the resignation of Richard Cordray ..., even if the deputy director otherwise could act under 12 U.S.C. §5491(b)(5),” she said in a memorandum ...
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With Mulvaney Confirmed Atop CFPB, What Happens to English?

December 4, 2017
Now that U.S. District Court Judge Timothy Kelly has affirmed Mick Mulvaney, President Trump’s choice to serve as acting director of the CFPB, one unresolved issue is the fate of his rival for the throne, Leandra English, whom Richard Cordray selected to be deputy director in his last official act before resigning. It’s possible that Mulvaney could flat out fire her, and he intimated last week that was a possibility – his argument being that she didn’t show up for work that day. However, multiple press accounts claimed she did in fact report for duty. One attorney closely following the case conceded, “I think she’s in a tough spot. While she could continue to press her claims in the hope of ...
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Industry Again Urges Pivot from Regulation by Enforcement

December 4, 2017
As the CFPB prepares to move forward with a new strategic plan – which may well be revised, now that Mick Mulvaney is in charge – the mortgage industry again called on the bureau to move beyond “regulation by enforcement.” Instead, it should provide more of the detailed guidance lenders and servicers and other participants need to fully comply with the agency’s rules and regulations and best serve consumers, top industry representatives said. In a recent comment letter to the bureau, the Mortgage Bankers Association noted that the CFPB is at an inflection point in 2017. Now it can “pivot and focus its resources on providing supervision and binding, authoritative guidance that helps responsible parties, including those in the mortgage industry, comply ...
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CFPB, VA Warn Military Personnel About Deceptive Refi Offers

December 4, 2017
The CFPB and VA recently issued their first WARNO, or “warning order,” to members of the U.S. armed forces and veterans with VA home loans, urging them to stay on their toes and avoid deceptive mortgage refinance offers. “If you have a VA home loan, then there is a good chance that you have already come into contact with unsolicited offers to refinance your mortgage that appear official and may sound too good to be true,” the two agencies said. Many of these solicitations promise extremely low interest rates, thousands of dollars in cash back, the ability to skip mortgage payments, and no out-of-pocket costs or waiting period. “Don’t be fooled,” the CFPB and VA said. “Before responding to any ...
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