Judge Denies NAMB’s Temporary Restraining Order Against the Fed’s LO Compensation Rule – NMP Skip to main content

Judge Denies NAMB’s Temporary Restraining Order Against the Fed’s LO Compensation Rule

Mar 30, 2011

The National Association of Mortgage Brokers (NAMB) has had their request for a temporary restraining order (TRO) against the Federal Reserve Board’s loan originator compensation rule denied by Judge Beryl Howell today in U.S. District Court for the District of Columbia. NAMB was seeking a TRO against the Fed rule, officially known as Regulation Z; Docket No. R-1366, Truth-in-Lending, as the rule is set to be enforced as of this coming Friday, April 1, 2011. Judge Beryl Howell denied the National Association of Independent Housing Professionals’ (NAIHP) request for a delay as well. “We are obviously disappointed in the findings of Judge Howell, but we are not giving up and are immediately filing an appeal,” said Mike Anderson, CRMS of Essential Mortgage, Government Affairs Committee Chair of NAMB. “Judge Howell’s decision was rendered even though she found the rule could cause was irreparable harm. That was shocking to us in hearing this decision.” The initial hearing was held Tuesday, March 29, 2011 before Judge Howell, where NAMB, NAIHP and their attorneys presented proof and oral arguments as to why the Court should grant a TRO against the LO compensation rule. However, Judge Howell ruled on Wednesday that “the plaintiffs claim that the Board’s Rule exceeds its authority and is arbitrary and capricious. A general description of the industry and practices that prompted the Board’s concern to promulgate the Rule provides a valuable context in evaluating these challenges.” “We are asking for an expedited treatment of our appeal, and if that is granted, they will set a briefing schedule,” said Anderson. “We will continue our lobbying pressure and will continue to fight and get changes.”
About the author
Published
Mar 30, 2011
Newrez Expands Into Personal Loans, Deepening Ties With Upgrade

The launch builds on a $1.5 billion loan investment relationship between parent Rithm Capital and Upgrade, extending Newrez's push beyond traditional mortgage lending

Nov 12, 2026
Better's Mortgage Volume Rises 15%, But Losses Persist

Better is targeting a bigger share of wholesale lending, with plans to expand into Non-QM and conventional mortgages

Nov 10, 2026
Strong Jobs Report Threatens Mortgage Rate Rally

October hiring more than doubled expectations, pushing Treasury yields higher

Nov 06, 2026
Fed Holds Rates, But Pricing Pressures Persist

Rising Treasury yields and fresh inflation data complicate rate locks, borrower qualification, and lender margins as markets anticipate another hike in December

Oct 29, 2026
Zippy Adds Capital For Manufactured-Home Lending Push

The $20 million investment from Saluda Grade will support expansion beyond 27 states and new loan products across wholesale, retail, and community channels

Oct 16, 2026
Inflation Hits 3.7%, Putting Mortgage Rate Relief At Risk

September’s inflation pickup puts recent rate improvements at risk, potentially eroding affordability gains from lower home prices and seller concessions

Oct 14, 2026