By Chris Bruce
March 14 — A federal appeals court has named the panel of judges who are scheduled to hear arguments next month as PHH Corp. appeals a major 2015 enforcement order by the Consumer Financial Protection Bureau.
The U.S. Court of Appeals for the District of Columbia Circuit, in a calendar note on its website, March 12 named Judges Karen L. Henderson, Brett M. Kavanaugh, and A. Raymond Randolph to consider arguments scheduled for 9:30 a.m. on April 12 in Courtroom 31.
PHH, a Mount Laurel, N.J.-based mortgage lender, has asked the D.C. Circuit to overturn a June decision by CFPB Director Richard Cordray, who held that the company violated the Real Estate Settlement Procedures Act (RESPA) by illegally accepting mortgage reinsurance premiums paid by mortgage insurers to a PHH subsidiary . Cordray ordered PHH to disgorge $109 million.
Among other points, the case is being watched because it could clarify whether the CFPB may bring RESPA-based enforcement actions in its own administrative forum without regard to RESPA's statute of limitation. The CFPB says that under the Dodd-Frank Act, the limitations statute only applies to court actions.
Henderson joined the D.C. Circuit in July 1990 following a four-year tenure as a judge in the U.S. District Court for the District of South Carolina, according to biographies on the D.C. Circuit's website.
Kavanaugh was appointed to the D.C. Circuit in May 2006. Immediately prior to his appointment, he served from 2001 to 2003 as associate counsel and later as senior associate counsel to President George W. Bush, and from June 2003 until 2006 as assistant and staff secretary to President Bush.
Randolph was appointed to the D.C. Circuit in July 1990, taking senior status in November 2008. Immediately prior to his appointment, he was a partner with the firm of Pepper, Hamilton & Scheetz.
To contact the reporter on this story: Chris Bruce in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Seth Stern at email@example.com
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)