Continuing its battle against the CFPB, a small community bank in Texas filed a motion for summary judgement Monday seeking a declaration that the formation of the bureau and 2012 recess appointment of Director Richard Cordray was unconstitutional.
Filed in U.S. District Court for the District of Columbia against U.S. Secretary of the Treasury and former Chairman of the Financial Stability Oversight Council Jacob J. Lew, the motion also requested a declaration stating "all CFPB regulations promulgated during the time of Cordray's illegal appointment that impacted plaintiffs are invalid and cannot be enforced."
The institution behind the fight is the State National Bank of Big Spring, Texas, which, along with its co-plaintiffs the Competitive Enterprise Institute and 60 Plus Association, filed a suit against the CFPB after the bank was unable to continue issuing mortgage loans to lenders and complete wire transfers due to CFPB rules. The suit was originally shot down by a judge in the lower court, ruling the plaintiffs didn't have the standing to challenge the agency's constitutionality, however in July 2015, a three-judge panel from the D.C. Circuit Court ruled unanimously that it in fact did.
Complete your profile to continue reading and get FREE access to CUTimes.com, part of your ALM digital membership.
Your access to unlimited CUTimes.com content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking credit union news and analysis, on-site and via our newsletters and custom alerts
- Weekly Shared Accounts podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical coverage of the commercial real estate and financial advisory markets on our other ALM sites, GlobeSt.com and ThinkAdvisor.com
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.