Securitization Insight Ep 14: Valid-When-Made: Impacts and Insights from Recent Court Rulings

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On Tuesday, February 8, the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) received favorable court rulings in cases challenging their so-called “valid-when-made” rules. The plaintiffs in each case were the attorneys general of California, Illinois and New York. The plaintiffs claimed that each rulemaking (1) exceeded their authority, (2) were arbitrary and capricious, and (3) violated federal rulemaking standards. 

In this episode of Securitization Insight, Jen Earyes, head of policy at the Structured Finance Association, joins Patrick Dolan to discuss the details of the OCC and FDIC rules at the center of this litigation, and how the court ruled on the plaintiffs’ claims in the cases against the OCC and the FDIC. They also discuss what these rulings mean for other “valid-when-made” litigation and for the securitization industry, and more.

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