In an interesting twist, the FHFA has informed the Fifth Circuit in Collins v. Mnuchin, that despite having previously advised the en banc court that it would not defend the FHFA’s constitutionality, it has reconsidered its position under the leadership of its new Director and will take the position going forward that the agency’s
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CFPB defends its constitutionality to Ninth Circuit panel: will Kraninger have a change of heart?
By Alan S. Kaplinsky on
Posted in CFPB Monitor, Federal CFS Monitor
The pendency of three cases in circuit courts challenging the CFPB’s constitutionality has given rise to speculation as to whether the CFPB will continue to defend its constitutionality under Director Kraninger’s leadership. The CFPB continued to defend its constitutionality in these cases while under former Acting Director Mulvaney’s leadership. It did so, however, as a…
Petitions for rehearing en banc filed in Fifth Circuit case finding FHFA is unconstitutionally structured
By Alan S. Kaplinsky on
Posted in CFPB Monitor, Federal Agencies
In July 2018, in Collins v. Mnuchin, a Fifth Circuit panel found that the Federal Housing Finance Agency (FHFA) is unconstitutionally structured because it is excessively insulated from Executive Branch oversight. It determined that the appropriate remedy for the constitutional violation was to sever the provision of the Housing and Economic Recovery Act of…
Does the Fifth Circuit’s decision finding the FHFA is unconstitutionally structured presage a similar fate for the CFPB?
By Alan S. Kaplinsky on
Posted in CFPB General, CFPB Monitor
The issue of the CFPB’s constitutionality is currently before the Fifth Circuit in the interlocutory appeal of All American Check Cashing from the district court’s ruling upholding the CFPB’s constitutionality. As a result, the Fifth Circuit’s decision issued earlier this week which found that the Federal Housing Finance Agency (FHFA) is unconstitutionally structured because it…
CFPB Guidance on Serving LEP Consumers
By Heather S. Klein on
Although the CFPB’s leadership transition rightfully remains top of mind for many of our readers, we wanted to recap two developments related to serving consumers who are Limited English Proficient (LEP). In the days before Director Cordray’s resignation, the CFPB officially approved Fannie Mae and Freddie Mac’s final redesigned Uniform Residential Loan Application (URLA), which…
FHFA announces reopening and second extension of comment period for LEP RFI
The Federal Housing Finance Agency has announced that it has reopened and extended until September 1, 2017 the comment period on its Request for Input on improving language access in mortgage lending and servicing. The FHFA previously extended the comment period until July 31, 2017.
According to the FHFA, it took this action “to allow…
FHFA extends comment period for LEP RFI
The Federal Housing Finance Agency has announced that it has extended until July 31, 2017 the comment period on its Request for Input on improving language access in mortgage lending and servicing.
Issued this past May, the RFI asked for input to be provided by no later than July 10, 2017. The extension is shorter…
Industry groups ask FHFA to extend comment period for LEP RFI
A group of eight trade associations has sent a letter to the Federal Housing Finance Agency (FHFA) asking the FHFA to extend by at least 45 days the comment period on the FHFA’s Request for Input (RFI) on improving language access in mortgage lending and servicing. Issued this past May, the RFI asks for input…