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Structured Finance in the Courts (1)

Legal and Regulatory Issues

Legal advocacy is a key component of our mission to protect the structured finance market.

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Overview

When a case in the judicial system raises issues of foundational significance to the structured finance market, SFA will intervene to protect long-standing contractual doctrines, reasonable market expectations and a healthy, functioning market.

We partner with other trade groups on matters relates to topics of importance to the structured finance market. A few of the key legal cases we weighed in on are below.

NCSLT Resource Hub

SFA’s CFPB v. NCSLT Resources Hub houses previous SFA advocacy, helpful links and resources relating to the September 2017 lawsuit from the Consumer Financial Protection Bureau (CFPB) against the National Collegiate Student Loan Trusts (NCSLT). 

Publications & Resources

On November 25, 2025, the Structured Finance Association (SFA) submitted a comment letter to the U.S. Securities and Exchange Commission (SEC) in response to the SEC’s Concept Release regarding rules pertaining to residential mortgage-backed securities (RMBS) and asset-backed securities (ABS)….
On February 21, SFA submitted a comment letter to the International Organization of Securities Commissions (“IOSCO”).  In the letter, SFA addresses questions presented in IOSCO’s consultation report including those around the proposed definition of pre-hedging; the use-cases of pre-hedging and…
On January 16, 2025, the SFA submitted a letter to the FDIC on the Recordkeeping for Custodial Accounts proposal.
SFA prepares an educational brief to the Michigan Department of Insurance and Financial Services on HB 5354.
On June 13, 2024, the Structured Finance Association published a consensus document relating to FinCEN’s Beneficial Ownership Information Reporting Requirements
The Securities and Exchange Commission (SEC) adopted Rule 192 on November 27, 2023, to prohibit conflicts of interest in certain securitization transactions. This rule applies to securitization participants involved in asset-backed securities (ABS) and aims to prevent conflicts of interest…
On September 19th, the Structured Finance Association submitted an amicus brief to the U.S. Supreme Court urging the Court to review a Third Circuit decision that grants the Consumer Financial Protection Bureau enforcement authority over student loan securitization trusts.
The Consumer Financial Protection Bureau is seeking to hold innocent investors in Securitization Trusts responsible for the alleged wrongdoings of a third party.

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