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The contributors to the Consumer Law & Policy blog are lawyers and law professors who practice, teach, or write about consumer law and policy. The blog is hosted by Public Citizen Litigation Group, but the views expressed here are solely those of the individual contributors (and don't necessarily reflect the views of institutions with which they are affiliated). To view the blog's policies, please click here.

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Thursday, January 21, 2021


Miranda Cisneros Bell

The Trump administration's Director was not serving the needs of citizens filing verifiable claims about servicer misconduct. These claims should have been elevated to the Department of Justice or at least the FTC for a thorough investigation. If the Department of Justice is going to allow criminal behavior by servicers, lenders and or the assigns/successors after filing Consent Judgments against these same entities who agreed to terminate their criminal behavior than perhaps they should pursue criminal indictments. The Department of Justice has filed over a dozen Consent Decrees/Judgments since 2012 based on known criminal behavior. In essence these Consent Judgments took away or limited the actual damaged parties remedies of monetary relief, both civil and criminal. The same perpetrators who fully accepted the terms of the Consent Judgments along with their assigns or successors have been engaging in the same crimes in state courts (lacking subject matter jurisdiction to collaterally attack victims included in the CJ) and in Bankruptcy proceedings nationwide. This is a serious breach of fiduciary duty and enforcement which is guaranteed in the settlements. The CFPB and the Department of Justice must immediately begin prosecuting violators of the Consent Judgments or stop allowing financial institutions to commit crimes using criminal prosecutions instead. More than 85 percent of the violations are against people of color, like myself.

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