Read the latest articles and press releases about securitization and structured finance.

Industry News

Court Ruling Permits DOJ to Reopen Investigation into Real Estate Transaction Costs

In 2021, the Department of Justice (DOJ) reopened its long-running inquiry into alleged anticompetitive practices by the National Association of Realtors (NAR) which they are concerned might contribute to excessive costs to consumers for real estate transactions.

Industry News

Automobile Associations File Suit Against FTC on Recently Finalized CARS Rule

The National Automobile Dealers Association (NADA) alongside the Texas Automobile Dealers Association (TADA) has filed a federal legal challenge against the FTC’s rule to combat auto retail scams (CARS Rule).

Industry News

Supreme Court Justices Hesitant to Proceed on CPFB Constitutionality Case

On September 3, the Supreme Court heard oral arguments for CFPB v. Community Financial Services Association, which challenges the constitutionality of the CPFB’s funding structure. Justices on both sides of the aisle seemed hesitant to validate arguments that the CFPB’s funding through the Federal Reserve violates the appropriation’s clause.

Industry News

Federal Judge Upholds ESG Investing Rule

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas, ruled in favor of the Department of Labor’s (DOL’s) 2022 rule, which allows retirement fund managers to consider environmental, social, and governance (ESG) factors in investment decisions. The judge rejected the states’ argument that the Administrative Procedure Act precluded the DOL’s proposed rule.

Industry News

CFPB Director Chopra Warns of Potential Disruption Tied to Supreme Count Case

n a speech on September 11, CPFB Director Rohit Chopra addressed the CFPB v. Community Financial Services Association of America case, which deals with the constitutionality of the agency’s funding structure. In his remarks, Chopra argued that an adverse ruling could be destabilizing and call into question a decade of CFPB rulemakings, most specifically around housing finance regulations.

Industry News

Second Circuit Rules Syndicated Loans Are Not Securities

On August 24, the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s decision in Kirschner v. JPMorgan Chase Bank, N.A., ruling that bank loans are not classified as securities. The court’s latest decision supports previous regulatory practice that syndicated loans are not subject to state and federal securities laws.

Industry News

Federal Judge Dismisses ERISA Case Against Ocwen Financial Group and Wells Fargo

A federal judge in New York has dismissed a case brought forward by a pension fund, which accused Ocwen Financial Group and Wells Fargo of violating the Employee Retirement Income Security Act (ERISA). The judge ruled in favor of Ocwen and Wells Fargo, stating that the mortgage-backed securities in question did not qualify as plan assets under ERISA.

Industry News

CFPB V. NCSLT Oral Arguments Scheduled for May

The U.S. Court of Appeals for the Third Circuit has scheduled oral arguments in the case of the CFPB v. NCSLT for May 17, 2023, after being previously scheduled for March. The court’s ruling will play a critical role in determining whether securitization Trusts will be classified as “covered persons” under the Consumer Financial Protection Act (CFPA) and whether they will be subject to CFPB enforcement.

Industry News

Federal Appeals Court Expected to Hear Appeal in Case Impacting Syndicated and CLO Loan Markets

The U.S. Court of Appeals for the 2nd Circuit is expected to hear arguments for an appeal in early 2023 in the Kirschner, v. JPMorgan Chase Bank, N.A. court case. The 2020 case held that syndicated term loans are not securities, and therefore are not subject to securities laws.

Industry News

CFPB Files Brief in Appellate Case Reviewing Whether Securitization Trusts are “Covered Person” Under the CFPA

On November 7, the Consumer Financial Protection Bureau filed their brief in the Third Circuit Court of Appeals in the ongoing case against the National Collegiate Student Loan Trusts (NCSLT). In the brief, the CFPB defends their position that the Trusts are “covered persons” under the Consumer Financial Protection Act (CFPA) and thereby under the enforcement authority of the CFPB.

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