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Administrative Agency Constitutional Law Residential Real Estate

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Fleeting Glimpse of RESPA Issues in PHH Argument as Court Focuses on Bureau Constitutionality

by Foley & Lardner LLP on

Although the RESPA issues were addressed in the briefs filed by the parties in the PHH case, at oral argument this week the parties and the en banc D.C. Circuit focused heavily on whether the president’s authority is...more

Plaintiffs in Another Case Challenging CFPB's Constitutionality Move to Intervene in PHH Case

by Ballard Spahr LLP on

The plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew have filed a "Motion To Intervene In Any En Banc Proceeding That May Be Granted" in the PHH case. The motion follows the D.C. federal district court's...more

Court Grants CFPB's Petition for Rehearing in PHH

The D.C. Circuit has vacated its prior order in PHH Corporation v. Consumer Financial Protection Bureau and ordered the matter be reheard en banc. The parties have been specifically asked to address the following issues in...more

What the PHH decision means for the CFPB’s UDAAP authority

by Ballard Spahr LLP on

In addition to its implications for CFPB rulemaking, the D.C. Circuit’s decision in PHH Corporation v. CFPB has significant implications for the CFPB’s authority to enforce federal consumer financial protection laws as well...more

Court to CFPB: Unconstitutional and Wrong on RESPA

In a landmark decision impacting the consumer financial services industry and beyond, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit has declared unconstitutional a core component of the structure of...more

D.C. Circuit Rules CFPB Unconstitutional, and Wrong on RESPA

by MoFo Reenforcement on

The D.C. Circuit held today that the single-director structure of the CFPB violates Article II of the United States Constitution, and added important substantive rulings on the Real Estate Settlement Procedures Act (RESPA)....more

In Long-awaited Decision, D.C. Circuit Reverses CFPB Enforcement Ruling and Finds CFPB Structure Unconstitutional In Part

by Goodwin on

On October 11, 2016, the D.C. Circuit issued its opinion in PHH Corporation v. Consumer Financial Protection Bureau. In the long-anticipated decision, the court found the CFPB’s structure unconstitutional in insulating the...more

CFPB Declared Unconstitutional

by Poyner Spruill LLP on

The United States Court of Appeals for the District of Columbia Circuit today ruled on a critical case “about executive power and individual liberty.” In the matter of PHH Corporation, et. al., v. the Consumer Financial...more

Cutting Through the Constitutionality Haze in the Battle Between PHH Corporation and the Consumer Financial Protection Bureau

by Nexsen Pruet, PLLC on

So much has been written in recent weeks about the battle between PHH Corporation and the Consumer Financial Protection Bureau in the U.S. Court of Appeals for the D.C. Circuit. The panel heard oral argument on April 12,...more

A Day of Reckoning for the CFPB?

by Bilzin Sumberg on

Virtually ever since its inception on July 21, 2011, the Consumer Financial Protection Bureau (CFPB) has inspired wariness and skepticism in the financial institutions and financial services providers, subject to this new...more

Be Safe, Get Your Standing Evidence in Early

by Nexsen Pruet, PLLC on

A Land Use Practitioner representing opposition intervenors in a quasi-judicial land use matter is best served to present any evidence of special damages during the quasi-judicial hearing in order to preserve standing for...more

The Brown Act – Reminding Local Governments that the Sun Continues to Shine in California

by Nossaman LLP on

Transparency in government is a staple of American democracy. The Federal Freedom of Information Act and California’s Public Records Act are two examples of laws that are intended to provide transparency for government’s...more

News Flash: Courts Still Defer to an Agency’s Interpretation of Its Own Rules

The Supreme Court today ruled that, when an agency revises its interpretive rules, it need not go through notice-and-comment rulemaking. Although the decision, in Perez v. Mortgage Bankers Association, required the court to...more

U.S. Supreme Court hears disparate impact case

by Ballard Spahr LLP on

Last week, the U.S. Supreme Court heard oral argument in a case which questioned whether the Fair Housing Act (FHA) allows for a disparate impact theory of liability. The disparate impact theory of liability is one in which a...more

Third Time Is the Charm: U.S. Supreme Court Hears Argument in Disparate Impact Case

by Ballard Spahr LLP on

The U.S. Supreme Court recently heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.—the case presenting the issue of whether disparate impact claims are...more

St. Louis County Ordinance Requiring Pre-Foreclosure Mediation Unconstitutional, Missouri Supreme Court Holds

by Ballard Spahr LLP on

The Missouri Supreme Court recently ruled that a St. Louis County ordinance requiring lenders to mediate with borrowers prior to foreclosure was void ab initio because it was not directed to a matter of purely municipal...more

Where Subdivision Access Is Uncertain, Approval of the Subdivision Must Be Contingent Upon Judicial Resolution

by Stoel Rives LLP on

In the case of Shinn v. Bd. of Comm’rs of Clearwater Cnty., released June 17, 2014, the Idaho Supreme Court covered some new ground and revisited some old ground....more

Indiana homeowner failed to prove lack of uniformity in the assessment of his property

by Faegre Baker Daniels on

Indiana’s burden-shifting statute doesn’t apply to uniformity claims, the Tax Court ruled in a recent decision in which it also held the Owner failed to show that the assessment of his home was non-uniform with those of other...more

The Uniform Relocation Act Does Not Provide a Private Right of Action to Property Owners

by Nossaman LLP on

On March 7th, a U.S. District Court sided with the Federal Aviation Administration (FAA) on whether the Uniform Relocation Act (URA) provides private property owners with a private right of action: it does not. The Pacific...more

Part II: Is a Public Hearing Mandatory Pursuant to the Eminent Domain Procedure Law?

Our first installment in this series on condemnation procedures detailed a key element of the process found in the New York Eminent Domain Procedure Law (“EDPL”) – the public hearing. While the condemnation process generally...more

More Reports on San Bernardino's Decision to Abandon Underwater Mortgage Eminent Domain Plan

by Nossaman LLP on

Given how much publicity the proposal to condemn underwater mortgages received when it first appeared last summer, I suppose it's not surprising that San Bernardino's decision last week not to move forward has also garnered a...more

Hoku Lele, LLC v. City and County of Honolulu

Opinion of the Hawaii Intermediate Court of Appeals

by Robert Thomas on

The Hawaii Intermediate Court of Appeals, in a unanimous panel opinion authored by Judge Foley, held that a "zoning verification" by the Director of the City and County's Department of Planning and Permitting is not a "action...more

San Bernardino Not Moving Forward with Proposed Plan to Condemn Underwater Mortgages

by Nossaman LLP on

For the better part of a year, we've been writing about the controversial proposal to use the power of eminent domain to condemn underwater mortgages, allowing homeowners to have a new loan that better reflects the underlying...more

U.S. Supreme Court Oral Arguments Set In Koontz v St John's River Water Management District for January 15, 2013

by Rosa Eckstein Schechter on

One month from now, the United States Supreme Court will hear oral argument in Case No. 11-1447, styled Coy A. Koontz, Jr., Petitioner v. St. Johns River Water Management District, Respondent (read the docket here). We've...more

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

by Nossaman LLP on

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

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