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"CFLA Soon to Launch New Office & Product Line in 2020 as a Full & Final Defeat of the Consumer Financial Protection Bureau is all But Imminent"

cfla.com | January 17, 2020

Recent developments, including the State of California announcing the creation of its own CFPB, along with the CFPB itself imploding from within (Director announcing her own Agency is Unconstitutional and her own Position to be unlawful), and the CFPB being exposed for their shady, unethical, and unlawful practices, demonstrate that the United States Supreme Court is preparing itself, as is the United States Legislature, for a full and final departure of the CFPB an Agency of the Federal Government that has long been a colossal waste of money, and an entity with no accountability for its own actions.

As many of Certified Forensic Loan Auditors, LLC “CFLA” clients, and industry followers are aware, CFLA has been fighting the Consumer Financial Protection Bureau “CFPB” for almost 3 years. The CFPB has conducted hundreds of pages of questions, live depositions of CFLA Members, and demanded tens of thousands of documents all the while trying to compel CFLA to close its business operations; namely; to stop providing the powerful Bloomberg Property Securitization Analyst Reports that expose Banks hidden ownership of Mortgage Backed Securities Trusts that are truly the owners of your mortgage. CFLA has helped tens of thousands of people seek redress as against their lender using these powerful cutting edge tools. CFLA and its Chief Executive Andrew Lehman have fought back, Mr. Lehman has spent nearly One Million Dollars in Legal Fees, and thousands of hours of his personal time drafting responsive briefs, motions, research and document productions to the CFPB. Finally, the CFPB decided to file suit in Federal District Court in Los Angeles, CA and that’s when their bullying, harassment, and intimidation has been met with resistance. CFLA’s corporate Attorney Maryam Atigetchi, Esq, out of Beverly Hills, CA, filed multiple motions to dismiss, among other motions expressing the same position CFLA has taken that “the CFPB is Unconstitutional and Has no Right to attacked Businesses and paper them to death and threaten them into submission using tyranny and all out Legal Assaults on them without any accountability, such as the courts. Frankly, the Role of Consumer Protection should be left up to the States that have authority under the 10th Amendment of the US Constitutional and Bill of Rights to regulate the health, safety, welfare and aesthetics of the residents in their State.

CFLA’s position has now garnered support. Massive support. Such support that now the Issues in the CFLA case are being reviewed by the United States Supreme Court in the matter of Seila Law, and more than 30 Special Interest Groups have filed Amicus Curiae briefs in support of CFLA’s position that the CFPB is unconstitutional and should be extinguished.

After a clear paradigm shift, and in reviewing the Amicus Briefs in support of CFLA, the State of Texas, Kansas, Oklahoma, Nebraska, Iowa, Arkansas, Louisiana, 27 members of the House of Representatives, Chamber of Commerce of the United States of America, The Unites States Department of Justice, New Civil Liberties Alliance, Multiple US Senators, Center for Constitutional Jurisprudence, and many others are all calling for the Unites States Supreme Court to Rule Against the CFPB declaring them unconstitutional and extinguishing the agency in its entirety. Most constitutional scholars believe that this will be the way that the US Supreme Court rules on those issues as raised by CFLA, and in the case Seila Law.

DAVID & GOLIATH- In a statement by CFLA’s CEO Andrew Lehman who has himself suffered tremendous loss from the long fight against the tyranny of this Unconstitutional Government Agency the CFPB, expressed the following

“We are excited about the United States Supreme Court case in March 2020 and the opportunity to take down a Federal Agency that is accountable to no one but can summarily attack U.S Citizens and their Businesses and force them into bankruptcy without any due process or judicial review. I made these arguments to the CFPB, to mainstream media, politicians, elected officials, judges, and scholars but it only fell on deaf ears. Than as the time came where I was near physical, mental, emotional, financial exhaustion, there showed up a miracle and the issues were certified for review by the United States Supreme Court. I am tremendously grateful to the United States Senators who have reached out to me personally to give me hope that they understand our plight and that relief is coming soon. What CFLA has been subjected to should never be experienced by any American or American Business owner it is out right tyrrany"

“This case illustrates what happens to civil liberties when an administrative agency lacking any semblance of control or oversight from the executive or legislative branches turns on the citizens it purportedly exists to serve. Only the judicial branch can vindicate Defendant’s civil liberties by restoring accountable, constitutional government.”
Michael P. DeGrandis, NCLA Senior Litigation Counsel

“The serial investigations of the Plaintiff expose the CFPB’s cynical investigatory practices and reprehensible litigation tactics for what they truly are—brazenly unconstitutional abuses of process. It is long past time for CFPB to face the judicial scrutiny that it has so contemptuously circumvented over the last two and a half years.”
—Jessica Thompson, NCLA Litigation Counsel . Id at link.

As Amicus Briefs continue to be filed in support of the Petitioner in the United States Supreme Court Case of Seila Law, addressing the exact same issues as the instant case herein; (1) whether the CFPB is a Constitutional Agency Sufficient to Bring this action against the Defendants, and whether (2) the appropriate remedy is to (a) sever the unconstitutional provision of the Dodd Frank, or (b) invalidate the entire Act that relates to the CFPB and leave the reconstruction up to the Legislature rather than the courts; the position of constitutional scholars is clear—the CFPB is long overdue for a reconstruction with a multi member committee, with proper judicial and legislative oversight, accountable to the people and the President.

Former Director of the CFPB Mick Mulvaney once called the Bureau “a sick, sad joke,” “It’s a wonderful example of how a bureaucracy will function if it has no accountability to anybody,” Mulvaney, a former South Carolina representative, said in a 2014 interview with the Credit Union Times. “It turns up being a joke, and that’s what the CFPB really has been, in a sick, sad kind of way, because you’ve got an institution that has tremendous authority over what you all do for a living.”

In its opposition to the Defendants motion to Dismiss, the CFPB stated “the Bureau of Consumer Financial Protection (“Bureau”) brought this action to halt the marketing and sale of sham mortgage-relief services to consumer” [Opposition Filed by the CFPB, page 1], this is a material misrepresentation to the court as it is the CFPB who is the sham, the entity giving small businesses and average Americans the most problems, including consumers. Former CFPB Director Mick Mulvaney went on to say that the agency, created under the Dodd-Frank financial overhaul, is run by “essentially a one-person dictator” and added he had “probably had more complaints about the CFPB in my office, from small local banks and credit agencies, than every other government agency put together.”

Further, the CFPB having received full Discovery more than 2 years ago, including more than 100 specially prepared interrogatories, more than 52,000 documents, and had several days of depositions of the Defendants, the CFPB still has failed to allege one consumer complaint, failed to list any consumers that were harmed in its initial disclosures sent to the Defendants, and failed to state with specificity any such consumer related complaints that would make Defendants business practices subject to immediate court involvement such as any irreparable harm to the consumers, the public, or the CFPB. The only “irreparable harm” alleged by the CFPB with any specificity is that “CFPB would suffer from not obtaining Discovery” [See CFPB Opposition to Defendants Motion to Stay Proceedings] which is absolute hypocrisy, as the CFPB has been conducting massive discovery on the Defendants through the Administrative CID issued on Defendants back in August of 2017, and has to date received hundreds of thousands of pages of documents produced by the Defendants at Defendants expense, nearly bankrupting the Defendants in the process; all without any judicial review.

These Defendants are an example of how misguided the CFPB is in its current state. Defendants have an A+ rating with the Better Business Bureau since 2010, and provide a valuable service to the legal community. While the CFPB downplays the significance of the fact that (1) there exists no harm to any consumers or threat of harm to any consumers by the Defendants business practices, (2) Defendants work product is successful, (3) Defendants have Attorneys in Practice across the Country that have come forward to state that the Defendants work product is necessary for their law practice in the Area of Foreclosure Defense.

The current CFPB is in shambles, lacks direction and leadership, and is pursuing actions such as this that were not contemplated in the legislative intent of the Dodd Frank Act which was to create a Bureau to protect consumers in the financial marketplace. The current CFPB is attacking the defendants who have helped more Americans uncover who their actual dwelling lien holder is than has the CFPB, and arguably have helped more consumers in foreclosure obtain favorable resolutions with Banks than have the CFPB despite its Legislative mandate to do so. CFLA’s Bloomberg Audit reveals cutting edge information about the current ownership of a mortgage, and the financial data of the mortgage backed securities trust where applicable. Is the CFPB helping the consumers by preventing commercial access to this information, or is the CFPB helping hide the massive frauds by the Banks which was ironically the cause of a collapse in the marketplace that promulgated the creation of the CFPB under Title X of the Dodd Frank Act??

Defendants have given the CFPB 2+ years of full Disclosure of all inner workings of its business, including all customer lists, contacts, directories, and other operating data and financial data of its company, members, and officers. The current CFPB as structured, is as their former Director Mick Mulvaney once stated “a Sad Joke.” This Agency needs to be disbanded, created by congress, structured appropriately, given multi member leadership, and be guided by a stated purpose. The great American recession is over and now the current CFPB has become nothing more than ambulance chasers.

NEWS ABOUT THE STATE OF CALIFORNIA AND ITS LAUNCH OF THEIR OWN VERSION

SOME OF THE UNITED STATES SUPREME COURT AMICUS BRIEFS

Created in 2010 under Dodd Frank’s Title X, the Consumer Financial Protection Bureau was transferred much of the authority to regulate consumer financial products and services that were previously vested in other federal agencies.

However, unlike those former agencies headed by a group of commissioners, the CFPB is structured to be led by a single director appointed by the president and confirmed by Senate. The Director would serve a five-year term only to be removed by the president for inefficiency, neglect of duty, or malfeasance or wrongdoing in the office.

The constitution “forbids concentrating such unchecked authority in a sole, unaccountable administrator charged with overseeing an agency that wields executive power,” and that such a structure threatens the ability for states to enforce strong consumer protections.

The case is Seila Law LLC v. Consumer Financial Protection Bureau, No. 19-7. A copy of the brief is available here. The Court is scheduled to hear oral arguments in the case in March.

 

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Back to January 2020 Archive

"CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea–it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-CFLA (2352) for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online)".

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Certified Forensic Loan Auditors, LLC
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CFLA IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. CFLA DOES NOT OFFER FORECLOSURE CONSULTING OR FORECLOSURE RELIEF
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DOES NOT CHARGE OR OBTAIN REFERRALS FEES FOR THESE SERVICES. SERVICES NOT OFFERED TO RESIDENTS OF THE STATE OF NEVADA.

 
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