Appeals, Constitutional Challenges, Mortgage Lenders

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

Goodwin on 5/27/2025

On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

The Super-Priority Saga Continues – Nevada Supreme Court Holds That NRS 116’s Notice Provisions Are Constitutional

Bradley Arant Boult Cummings LLP on 1/27/2017

The Ninth Circuit sent shockwaves through the mortgage industry when it held that NRS 116—the statute allowing an HOA to impose a nominal super-priority lien that can extinguish a senior deed of trust when foreclosed—was...more

CFPB Seeks Rehearing of D.C. Circuit Panel Ruling in PHH: What Now?

Foley & Lardner LLP on 11/29/2016

The Consumer Financial Protection Bureau (Bureau) Friday filed a petition in the closely-watched PHH case, seeking to undo a ruling by a panel of judges for the D.C. Circuit Court that was highly critical of the Bureau’s...more

Appellate Court Decision Holding CFPB Unconstitutional Promises Significant Implications

Bradley Arant Boult Cummings LLP on 10/17/2016

In a landmark decision issued last week, the U.S. Court of Appeals for the D.C. Circuit held that the Consumer Financial Protection Bureau’s (CFPB) structure violated the Constitution’s separation-of-powers requirements. In...more

U.S. Court of Appeals Rules Current Structure of CFPB Unconstitutional

Brownstein Hyatt Farber Schreck on 10/15/2016

The Consumer Financial Protection Bureau’s (CFPB) reign as an unchecked power just suffered a significant check. On Oct. 11, 2016, the U.S. Court of Appeals for the District of Columbia found that the CFPB’s structure was...more

Appeals › Constitutional Challenges › Mortgage Lenders

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

The Super-Priority Saga Continues – Nevada Supreme Court Holds That NRS 116’s Notice Provisions Are Constitutional

CFPB Seeks Rehearing of D.C. Circuit Panel Ruling in PHH: What Now?

Appellate Court Decision Holding CFPB Unconstitutional Promises Significant Implications

U.S. Court of Appeals Rules Current Structure of CFPB Unconstitutional

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