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Home » Topics » Inside the CFPB » Enforcement

Enforcement
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FHLBank of Seattle Lost Appeal to Sue Moody’s for Risky MBS Purchase

December 15, 2017
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.
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CFPB’s English Files for Preliminary Injunction as Acting Head Mulvaney Pulls Back on Enforcement

December 14, 2017
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.
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Lenders Face Uncertainty on Whether Underwriters are Eligible for Overtime Pay After SCOTUS Ducks the Issue

December 14, 2017
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.
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Ginnie Mae Expands Seasoning Requirement for VA Refi Loans

December 8, 2017
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 ...
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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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