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Third Circuit Holds Securitization Trusts Are “Covered Persons” Under CFPA

A long-awaited Third Circuit decision held that securitization trusts holding student loans are “covered persons” subject to the CFPB’s enforcement and investigative powers because they “engage” in offering or providing...more

SEC Final Rule Exempts ABS Issuers from New Cybersecurity Disclosure and Reporting Requirements

ABS issuers have been exempted from the U.S. Securities and Exchange Commission's (“SEC”) final rule requiring certain cybersecurity risk and incident disclosure (the “Final Rule”). The SEC left open the possibility of...more

U.S. Supreme Court Grants Cert Petition by CFPB, Regulatory Uncertainty Remains

On Monday, February 27, the U.S. Supreme Court granted the certiorari petition filed by the Consumer Financial Protection Bureau (“CFPB”) seeking review of the Fifth Circuit decision in Community Financial Services...more

CFPB Issues Two Final Rules: A Change to the General Qualified Mortgage Rule and the Seasoned Qualified Mortgage Rule

The Consumer Financial Protection Bureau (“CFPB”) recently issued two final rules aimed at bolstering the Qualified Mortgage (“QMs”) market. The first final rule amends the general eligibility category of QMs (“General QMs”)...more

Deal Agent: A Structural Enhancement to Private Label RMBS

The U.S. Treasury Department (the “Treasury”) views a healthy private label residential mortgage-backed securities (“PLS”) market as “an important component of a reformed, safe, and sustainable housing finance system that...more

RMBS Risk Retention is Here

It's official. Risk retention became effective for residential mortgage-backed securities (“RMBS”) on December 24, 2015. Since the final rules (the “Rules”) were issued, there has been a lot of talk throughout the broader...more

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