President Trump recently signed an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy“ to eliminate the use of disparate impact liability. The U.S. Department of Housing and Urban Development (HUD) also has indicated that it intends to yet again reconsider its disparate impact rule under the Fair Housing Act.… Continue Reading
Ousted Democratic NCUA board members file suit
The two Democratic NCUA board members ousted by President Trump have filed suit, arguing that their firings violated federal law.
Todd Harper and Tanya Otsuka filed suit in the U.S. District Court for the District of Columbia, naming President Donald Trump, Treasury Secretary Scott Bessent, NCUA Chairman Kyle Hauptman and others as defendants.… Continue Reading
Today’s podcast episode: Private Civil Consumer Financial Services Litigation to Partially Fill CFPB Void – Part 2
The podcast we are releasing today is part 2 of a re-purposed webinar we produced on March 25 titled “The Impact of the Election on the CFPB – Part 4.” As a result of the diminishing impact of the CFPB on enforcing the consumer financial services laws, we expect that void to be filled by state government enforcement agencies and private civil litigation, including class and mass actions.… Continue Reading
GAO agrees to investigate attempted CFPB firings, other recent bureau actions
The Government Accountability Office has agreed to investigate recent CFPB moves to fire more than 1,400 employees and the impact it and other agency actions have had on the bureau’s ability to operate.
“GAO accepts your request as work that is within the scope of its authority,” A. Nicole Clowers, GAO’s Managing Director, Congressional Relations, wrote in response to a letter from Senate Banking Committee ranking Democrat Elizabeth Warren, D-Mass.… Continue Reading
Appeals court temporarily bars mass firings at CFPB
The U.S. Circuit Court of Appeals for the District of Columbia has upheld a temporary injunction issued by Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia prohibiting the CFPB from firing more than 1,400 employees, leaving only about 200 employees at the agency.
The order comes as the latest development in a suit brought by the National Treasury Employees Union, which represents many CFPB employees, and other groups, challenging the Trump Administration’s efforts to reduce the agency’s operations.… Continue Reading
HUD Modifies Exclusive REO Listing Period and Eliminates Exclusive Sales Period
Recently, the U.S. Department of Housing and Urban Development (HUD) issued Mortgagee Letter 2025-13 to revise the exclusive listing period for certain parties in connection with HUD real estate owned (REO) properties, and eliminate the exclusive sales period for the same parties in connection with the FHA loan claims without conveyance of title (CWCOT) post foreclosure sales process.… Continue Reading
New York AG sues payday lenders MoneyLion and DailyPay
New York Attorney General Letitia James has sued payday lenders MoneyLion Inc. and DailyPay Inc. in New York state court, alleging that the two companies took advantage of tens of thousands of New Yorkers.
Both companies make paycheck advance loans to hourly workers in exchange for tips and fees.
The short-term nature of the loans results in “outrageous” interest rates, frequently reaching 750%, according to James, who added that both companies allegedly push workers to take out frequent loans to cover gaps created by their prior loans.… Continue Reading
VA Winding Down VASP Program
As previously reported, last year the U.S. Department of Veterans Affairs (VA) launched a Veterans Affairs Servicing Purchase (VASP) program, which VA characterized as a “last-resort tool” for VA home loan borrowers facing severe financial hardships. Pursuant to the program, VA purchases defaulted VA loans, modifies the loans, and then places them in the VA-owned portfolio as direct loans.… Continue Reading
OCC, FDIC eliminating ‘reputational risk’ from supervision, examinations
The OCC has removed “reputational risk” from its handbooks and guidance and the FDIC is moving to do the same.
The OCC’s decision supports “the OCC’s mission and its supervisory objectives to ensure that banks have appropriate and strong risk management processes for their business activities, treat customers fairly, and comply with applicable laws and regulations,” the agency said, in announcing the move.… Continue Reading
Today’s podcast episode: Private Civil Consumer Financial Services Litigation to Partially Fill CFPB Void – Part 1
The podcast we are releasing today is part 1 of a re-purposed webinar we produced on March 25 titled “The Impact of the Election on the CFPB – Part 4.” As a result of the diminishing impact of the CFPB on enforcing the consumer financial services laws, we expect that void to be filled by state government enforcement agencies and private civil litigation, including class and mass actions.… Continue Reading