The U.S. Court of Appeals for the Seventh Circuit has joined four other circuits in raising the bar for arguing government cases under the federal False Claims Act, potentially making it harder for the government or whistleblowers to pursue such claims against FHA lenders.

The legal wheels continue to turn in the personal efforts of CFPB Deputy Director Leandra English to overturn President Trump’s appointment of Office of Management and Budget Director Mick Mulvaney to serve simultaneously as acting director of the bureau. More activity is slated this week before Judge Timothy Kelly, whom Trump appointed to the U.S. District Court for the District of Columbia Circuit earlier this year. Additional legal briefs are due and a hearing has been scheduled. Despite losing in her bid for a temporary restraining order, English has since filed for a preliminary injunction to prevent defendants Trump and Mulvaney from “appointing, causing the appointment of, or recognizing the appointment of an acting director of the Consumer Financial Protection ...

When Office of Management and Budget Director Mick Mulvaney assumed control of the CFPB as acting director last month, he suggested he would like to see the bureau be less adversarial towards the financial services industry and be more accommodating. Since then, the bureau under Mulvaney’s directorship has pulled in its claws somewhat in a few enforcement actions, at least one of which is mortgage related. In this particular case, back in the spring of 2015, the CFPB sued Ohio-based Nationwide Biweekly Administration, Loan Payment Administration, and their owner, Daniel Lipsky, in federal district court. The regulator had accused them of misrepresenting the interest savings consumers would achieve through a biweekly mortgage payment program and misleading consumers about its cost....

Sen. Elizabeth Warren, D-MA, who recently raised some questions about the ethics standards that apply to CFPB Acting Director Mick Mulvaney and members of his Office of Management and Budget staff who are doing double duty with both agencies, also has some questions about how certain record-keeping and communication requirements are going to be carried out in the unusual set-up. “Given the dual roles for Mr. Mulvaney and his staff, I am also concerned about record-keeping and other procedures in place to ensure that their work remains separate and subject to appropriate Presidential Records Act, Freedom of Information Act, and other recordkeeping and transparency requirements, and is categorized correctly for these purposes,” Warren said. Her concerns were raised in a ...

Democrat state attorneys general from 16 states and the District of Columbia wrote President Trump earlier this month, vowing to ramp up their enforcement efforts if the bureau backs off under Acting Director Mick Mulvaney, and taking issue with his appointment to the position. “As you know, state attorneys general have express statutory authority to enforce federal consumer protection laws, as well as the consumer protection laws of our respective states,” the AGs said. “We will continue to enforce those laws vigorously regardless of changes to CFPB’s leadership or agenda.” They reminded the president that, as attorneys general, they retain broad authority to investigate and prosecute individuals or companies that deceive, scam or otherwise harm consumers. “If incoming CFPB leadership ...

It’s Official: Cordray is Running for Governor in Ohio. After months of rumors and speculation, former CFPB Director Richard Cordray recently declared his candidacy for governor in his home state of Ohio. Although he faces at least four rivals for the Democrat nomination, at least one observer in the state considers him the instant favorite.... Mulvaney, Trump and Wells Fargo. Since Mick Mulvaney assumed the directorship of the CFPB, he has imposed a 30-day freeze on all new bureau regulations, and reportedly stopped all new contracting and all new lawsuits, has installed his aides into important positions at the agency, and temporarily froze all payments from the bureau’s civil penalty fund....

The Federal Home Loan Bank of Seattle lost an appeal in an MBS case against Barclays Capital this week in which it claimed the investment banker made false statements or left out certain facts about the securities it sold in 2008. But the Court of Appeals of Washington State ruled that theFHLBank was fully aware of what it was buying at the time.

There was plenty of activity at the Consumer Financial Protection Bureau over the last week, from continuing legal drama over the leadership of the agency to changes in enforcement activity and a possible regulatory roll-back.

The Supreme Court of the United States recently refused to take up a case that would have ad-dressed a split in the lower courts regarding mortgage underwriters and overtime. With conflicting cir-cuit court opinions on the matter, lenders face regulatory uncertainty about whether underwriters are entitled to overtime.

Ginnie Mae has issued expanded guidelines to protect veterans and investors from harmful loan churning and rapid prepayments in mortgage-backed securities. The changes, along with additional measures under consideration by a joint Ginnie Mae/VA refinance task force, are aimed at ensuring continued strength and liquidity of the Ginnie Mae MBS program, said Michael Bright, the agency’s acting president. The latest guidelines expand on an initial measure Ginnie implemented requiring six-months of seasoning of VA loans before they can be refinanced and delivered into Ginnie MBS pools. However, some lenders have found ways around the measure and have continued their questionable lending practices, said Bright during recent testimony before a House Financial Services subcommittee. Churning is both illegal and unethical because it preys on unsuspecting borrowers, who are pressured by ...