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NAFCU, with 12 other trade associations, filed an amicus brief Friday in support of the PHH Corp. in its case against the CFPB, on a Real Estate Settlement Procedures Act issue. PHH also raises questions as to the bureau's constitutionality and is being reheard by the U.S. Court of Appeals for the D.C. Circuit.

PHH has challenged bureau rulemaking as well as its structure. Last month, the court granted the CFPB's petition to reconsider the court's initial ruling that found its structure unconstitutional. Oral arguments will be heard May 24.

The opening brief from PHH was due Friday. The bureau's response is due March 31, with a reply brief due April 10. Amicus briefs supporting PHH were due Friday and amicus briefs supporting the CFPB are due March 31

NAFCU will continue to monitor developments in this litigation.

In its petition filed in November, the CFPB argued against the court's decision on grounds that it would interfere with Congress's ability to create independent agencies led by a single director. The CFPB pointed to other independent agencies, including the Social Security Administration, the Federal Housing Finance Agency and Office of Special Counsel, to help make its case.

After the court's initial ruling in October, NAFCU urged an immediate moratorium at the bureau on any rulemakings not already implemented.