With Eye on Trump, CFPB Seeks Rehearing on PHH Case – NMP Skip to main content

With Eye on Trump, CFPB Seeks Rehearing on PHH Case

Nov 21, 2016
The Consumer Financial Protection Bureau (CFPB) is speeding up its efforts to appeal a federal appellate court ruling that declared its power configuration to be unconstitutional

The Consumer Financial Protection Bureau (CFPB) is speeding up its efforts to appeal a federal appellate court ruling that declared its power configuration to be unconstitutional.

According to a Los Angeles Times report, the case was brought by PHH and resulted last month in a court decision that declared CFPB Director Richard Cordray carried too much power and could be fired by the president prior to conclusion of his five-year term. Since that ruling, Donald Trump’s election victory has raised new speculation that the incoming administration will seek to dismantle the Dodd-Frank Act, including the role of the CFPB within the federal government.

On Friday, the CFPB requested that all judges in the D.C. Circuit Court of Appeals rehear the case, rather than the three-judge panel that issued last month’s ruling. Sen. Sherrod Brown (D-Ohio), the ranking Democrat on the Senate Banking Committee, chimed in his support for this legal maneuver, stating that the “CFPB deserves a hearing before the full D.C. Circuit Court, which I believe will find the CFPB’s structure sound.”

Since his election, Trump has offered no clue whether or not he would fire Cordray, whose term expires in mid-2018.

About the author
Published
Nov 21, 2016
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

MISMO Updates Business Glossary To Support AI, eMortgages

New definitions covering eHELOCs, remote online notarization, valuation modernization, and compliance initiatives aim to improve consistency