The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next

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The basic push here is against the “possession” standard that serves as the core of the Federal Circuit’s written description requirement. Apart from any policy arguments – Amgen argues that the.

However, regardless of whether PHH pursues an appeal, in unanimously reinstating the DC Circuit’s October 2016 ruling as to the RESPA issues, the decision has some important implications for the settlement services industry. The decision may provide support for other activities that rely on the Section

Implications of the DC Circuit Court’s Ruling in PHH v. CFPB. This linkage by the prudential bank regulators of consumer protection issues to safety and soundness considerations may prove more sheltered from judicial review than the CFPB’s single enforcement focus on consumer protection.

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Nation’s second-highest court upholds reversal of the CFPB’s enforcement ruling, but finds CFPB structure constitutional. Moving forward, if this holding survives a possible appeal in the U.S. Supreme Court by the White House or from PHH Corp., this decision will likely have major implications for government enforcement agencies and anyone that is targeted in an enforcement action.

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Analysis: Lenders Aggressively Going after Money Lost in Foreclosures When a borrower fails to meet its loan obligations, the lender may try to foreclose on the property securing the loan. "Foreclosure" is just the series of steps a lender has to take in order to force the sale of such property and use the sale proceeds to recover its unpaid debt. This is simple enough in theory.

On January 31, 2018, the US Court of Appeals for the District of Columbia Circuit issued a ruling en banc in PHH Corporation v. CFPB that may have a significant impact on the future operations of the CFPB, as well as on industry participants’ responses to supervision and enforcement.