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CFLA Moves to Dismiss CFPB Complaint & Attack the Constitutionality of the CFPB & its Director

cfla.com | November 4, 2019

For immediate release: CFLA filed a Motion to Dismiss Under Federal Rules of Civil procedure Rule 12(B)(6) for "failure to state a claim upon which relief can be granted," [SEE CFLA Mx TO DISMISS), along with a Motion to Stay the Proceedings until Resolution of the United States Supreme Court case on Writ of Certiorari on the issues already somewhat resolved regarding the Unconstitutional Structure of the CFPB, and what remedies the Court will grant since the CFPB has been found to be Unconstitutional. [SEE CFLA Mx TO STAY] The Supreme Court is set to decide whether the Dodd Frank Act will be stricken in its entirety, whether the portion of the Dodd Frank Act that vests powers in the CFPB will be stricken, or whether the USSC will merely sever the unconstitutional provisions in the Act that delegate far too much power in the hands of the CFPB and leave the Agency to continue to do its GREAT POWERFUL WORK TO RUN OFF TH SMALL COMPANIES HELPING CONSUMERS AND MAKE SURE THE BIG BANKS CAN HIDE AS MUCH AS POSSIBLE FROM YOU!!. Filed therewith, Motion to Strike under Federal Rules of Evidence 12(c) pleadings by the CFPB that are improperly plead. [SEE FULL TEXT OF MOTION TO STRIKE]

Most Consumers would agree that the CFPB has done very little to help them in the wake of the great Financial Crises brought on by the Issuance of Fraudulent Mortgage Backed Securities into the Real Estate and Financial markets. The CFPB which was once appointed as the "consumer watchdog of the financial services industry" is really not an ally of the consumer and more and more Americans are starting to voice serious concerns about this agency and its apathy with consumers. Its becoming quite obvious the CFPB is only mission is to protect BANKS!

Additionally, the CFPB Director, Kraninger recently filed her Respondents Brief [SEE FULL TEXT OF CFPB RESPONDENTS BRIEF] in the USSC Action on Writ of Certiorari, Seila, Law, LLC, and in this Brief actually changed the CFPB's stance and adopted the Arguments being made by the Appellant, the Department of Justice, CFLA, and Donald trump, that the CFPB is Unconstitutional as structured under the Dodd Frank Act t (Dodd-Frank Act), Pub. L. No. 111-203, 124 Stat. 1376.

At the CRUX of these motions is the fact that the CFPB is an Agency with UNCLEAN HANDS trying to bring an Action against CFLA "A Company that Actually Helps Consumers Determine Their Actual Dwelling Lien Holder" which is usually a mortgage backed securities trust that wants to remain hidden by its servicer[s] and the government including the CFPB . So here are the facts, the CFPB has been harassing CFLA and LEHMAN since early 2017 with document demands, depositions, threatening and intimidating employees of CFLA.. But then all of a Sudden on September 17th, 2019, the CFPB has an epiphany and declares itself unconstitutional in a 50 page USSC Brief filed by the CFPB [read CFPB Respodnents Brief here], and sent letters about the new position being taken by the CFPB to Congress, the House of Representatives, the 5th and 2nd and 9th Circuit Courts, and filing her Brief in the United States Supreme Court. But yet she authorized the CFPB to bring the Lawsuit against CFLA just the week prior??? CFPB Files Lawsuit against CFLA on September 9, 2019, 8 days later CFPB declares itself unconstitutional in 50 page USSC Brief on September 17, 2019.....

Oh and remember all those Global Settlements that the US Attorney Generals Office and the NY Attorney Generals Office entered into in or about 2009-2012, with these billions of dollars of restitution set aside for consumers? Did yall get that? Well funny thing is that these same "Global Settlements" are all about to be, or have already expired and thus the funds revert back to the same bank. So was there even a global settlement at all??

Goldman Sachs Settlement? Bear Sterns Settlements, these had a cumulative $2 Billion in restitution to the consumers but in order to even determine if you qualify you would have had to have a CFLA Bloomberg Securitization Audit performed because Goldman Sachs and Bear Sterns don't appear on the face of any of your documents, and the government never gave notice to the hundreds of thousands of consumers that were eligible.. The CFPB wishes to restrain CFLA from providing Consumers that are eligible for these global settlements that they qualify for in many cases, as much as $39K, $70K, or even $100K for each mortgage...


CFLA argues that the CFPB Does not want the public to know who really owns their mortgage and what went on with it in the past 10 or more years... Is this fair? Well The CFPB would argue that its just not fair to reveal these "true owners" of the Mortgage because it is just really no ones business but themselves [i.e. GOV & BANKS] what they did, how much money they made, and how many laws they violated. Just pay your mortgage each month and if you stop, than the Servicer will foreclosure.. Plain and Simple Debt Collection Actions. That's what the BANKS want and apparently that's what the CFPB wants. No Defenses to Foreclosure. Pay or get out!

Grab Your Popcorn folks this one is going to be fun to watch..


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Back to November 2019 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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