The Constitutional Dilemma of the CFPB: Unchecked Power is Abusive

[vc_row][vc_column][vc_column_text]By: Erich Paetsch Saalfeld Griggs Litigation, Creditors’ Rights & Bankruptcy Practice Groups Oregon Business Lawyers In an important decision, the U.S. Court of Appeals for the D.C. Circuit ruled that Congress fundamentally failed to adhere to Article II of the United States Constitution when it created the Consumer Financial Protection Bureau (“CFPB”). PHH Corporation, Et.

MERS, Inc. is Sued Again – This Time by Multiple Oregon Counties, for Fraud, Negligence, Unjust Enrichment

[vc_row][vc_column][vc_column_text] By: Elayna Matthews, Litigation and Creditors’ Rights & Bankruptcy Attorney November 3, 2016 – Several Oregon Counties have filed a lawsuit today against MERS, Inc., and its holding company, MERSCORP Holdings, Inc. (“MERS”), as well as several financial institutions that operate in Oregon and transferred security instruments to MERS. The Counties are alleging fraud, unjust enrichment, and negligence

New Guidance for Mortgage Servicers from the Consumer Financial Protection Bureau

[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ width=”1/1″ tablet_text_alignment=”default” phone_text_alignment=”default”][vc_column_text] By: Elayna Matthews Litigation and Creditors’ Rights & Bankruptcy Practice Groups Citing the widespread concern that many mortgage servicers lack adequate computer systems which prevent them from following CFPB mortgage servicing regulations (the majority of which became effective in January, 2014), the CFPB has

New CFPB Rule Targets Lenders of Pay-Day Loans, Auto Title Loans, and Other High-Cost Loans

[vc_row][vc_column][vc_column_text]By: Elayna Zammarelli Saalfeld Griggs Litigation, Creditors’ Rights & Bankruptcy Practice Groups Oregon Business Lawyers Today the Consumer Financial Protection Bureau (“CFPB”) proposed rules targeting the pay-day, auto title and deposit advance products in the lending industry. Under the proposed rule, lenders would be required to ensure a consumer has the ability-to-repay (“ATR”) the loan