Court Defers Ruling on Cordray’s Legal Authority – NMP Skip to main content

Court Defers Ruling on Cordray’s Legal Authority

Jul 14, 2016
The contentious relationship between Rep. Jeb Hensarling (R-TX), the chairman of the House Financial Services Committee, and Richard Cordray, Director of the Consumer Financial Protection Bureau (CFPB), took a raw new turn when Hensarling demanded that Co

A court challenge to the constitutionality of President Obama’s controversial 2012 recess appointment of Richard Cordray to run the Consumer Financial Protection Bureau (CFPB) has been put on hold by a U.S. District Judge.

According to a Bloomberg report, U.S. District Judge Ellen Segal Huvelle announced she would not make a decision on whether Cordray’s 2012 appointment was legal because that question is currently being considered by the U.S. Court of Appeals for the District of Columbia. The appeals court is currently considering that aspect of the Cordray directorship as part of a case brought by PHH Corp. against the CFPB.

Cordray’s appointment came while the Republican-controlled Congress was in a pro forma session designed to prevent recess appointments. The Obama Administration used the recess appointment to elevate Cordray to the bureau’s leadership role after the Senate refused to consider his confirmation. Cordray would be formally confirmed in 2013 after the president resubmitted his candidacy.

The challenge before the district court was brought by State National Bank of Big Spring, Texas, which filed suit in 2012. The bank stated that Cordray lacked the constitutional authority to make regulatory decisions. Greg Jacob, a partner in the Washington office of O’Melveny & Myers LLP representing the bank, vowed to appeal the decision.

“Judge Huvelle’s holding that Director Cordray could ratify literally thousands of invalid actions, including invalid rulemakings, by publishing three perfunctory sentences with no accompanying process at all cannot be right, and we are confident we will prevail on appeal,” Jacob said.

About the author
Published
Jul 14, 2016
CFPB Issues AI Underwriting Guidance On Adverse Action Notices

The agency says proprietary and machine-learning models do not relieve lenders of their fair lending and disclosure responsibilities

VantageScore Says 4.0 Model Could Unlock $1 Trillion In Mortgage Originations

New study says VantageScore 4.0 scores five million more creditworthy borrowers than FICO Score 10T, expanding lending opportunities as the industry prepares for the GSE credit score transition

MISMO Updates Mortgage Insurance Standards To Support FICO 10T, VantageScore 4.0

New implementation guide standardizes mortgage insurance data exchange, helping lenders, insurers and technology providers prepare systems for newer credit scoring models

Congress Weighs New Roadmap To End Fannie, Freddie Conservatorship

Rep. Scott Fitzgerald's three-bill housing package would establish a statutory framework for releasing the GSEs while expanding construction lending and easing some TRID compliance requirements

CHLA Backs Bank Capital Proposal, Questions Impact On Mortgage Lending

Trade group supports lower mortgage risk weights but says broader market forces — not capital rules — drove banks' retreat from the market

Senate Passes 21st Century ROAD To Housing Act In 85-5 Vote

Sweeping housing package heads back to House after Senate clears final version with broad bipartisan support