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Banking Law

Bank Lawyers Blog

Commentary on Banking Law

Post Frequency: 10.2/day

Last Entry: March 30, 2011 at 23:38:00

Rollin' Up The Op Subs

Posted on August 23, 2010
One of the advantages of a national bank or federal thrift charter used to be that for those banks or thrifts that engaged in mortgage lending on a multi-state scale, the mortgage operations could be housed in an operating subsidiary...

Is $24 Million "Getting Off Easy"?

Posted on August 22, 2010
Francine McKenna talks about the tale of two recent litigation settlements that arose out of the bursting of the subprime mortgage bubble. She thinks that KPMG may have gotten less than its just desserts in the settlement of a case...

BankUnited's IPO: Too Soon To Judge

Posted on August 18, 2010
Some readers think the story that broke last week that BankUnited is considering an initial public offering somehow vindicates the FDIC's concerns that "private equity" is interested in nothing more than "hit-and-run" quick turnarounds, and is not to be trusted...

No, Let's NOT Do It Your Way

Posted on August 17, 2010
Because millions of my readers (actually, two) asked me what happened in my holy war against the content thieves at MyWayLending.com, I?ll give a brief update. After running down the contact information for the domain name registrant, I e-mailed that...

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Another Wrinkle In The OneUnited Affair

Posted on August 16, 2010
In last night's post, I made the heinous error of blaming the OTS for the shortcomings of the FDIC. That's like slapping a little baby when you should be having Chuck Norris roundhouse kicking the baby's adult uncle in the...

"Deserve" Has Nothing To Do With It

Posted on August 15, 2010
A recent article in the American Banker (paid subscription required) posited that the ethical dust-up over Maxine Waters' alleged intervention with Treasury Department officials in order to obtain TARP money for OneUnited Bank, in which Waters' husband had a financial...

Q & A

Posted on August 11, 2010
As promised (or threatened, depending upon your viewpoint), here are answers to additional questions that were submitted at last week's Bank Law Stuff executive briefing on the Dodd-Frank House of Horrors Act. The answer was supplied by either Tom Bieging...

Warren-Wary

Posted on August 10, 2010
A recent post inspired some e-mails from readers. My concerns about the possibility of Elizabeth Warren becoming the first director of the Consumer Financial Protection Bureau motivated the chairman of a community bank to send me the following e-mail: Professor...

Lawyer Season

Posted on August 09, 2010
When I suggested a few weeks ago that the recently enacted financial reform act should be renamed "The Bank Lawyers Perpetual Employment Act of 2010," I was kidding (sort of). In St. Louis, lawyers are deadly serious about the fact...

Lost In Translation

Posted on August 08, 2010
Tom Considine, the commissioner of the New Jersey Department of Banking and Insurance, wrote an opinion piece in last Tuesday's print edition of the American Banker (I'm unable to locate a link to it), that affirmed something we've heard and...

Inspiring Fear: The Most Critical Quality

Posted on August 04, 2010
There was an interesting analysis last week by Reuters' reporters Maria Aspan and Kim Dixon that suggested that the chances of Elizabeth Warren being picked to head the Consumer Financial Protection Bureau were enhanced because she's feared by Wall Street...

A Green Shoot?

Posted on August 03, 2010
An exception that may prove the rule appears to be Lakeside Bank, which opened its doors on July 26, 2010 in Lake Charles, Louisiana. According to a press release issued by the State of Louisiana Office of Financial Institutions, the...

Bloviating Waters Run Shallow

Posted on August 02, 2010
Almost a year ago, the news that Rep. Maxine Waters was under investigation by the House Ethics Committee for her alleged attempt to influence government officials on behalf of a bank connected to her husband (discussed in disgust in a...

Cleveland: Where Losers Neither Die Nor Fade Aaway

Posted on August 01, 2010
When we last looked in on the city of Cleveland's baseless and futile lawsuit against Wall Street investment banks, we thought the butt kicking administered by federal district court judge Sara Lioi would not deter the too-cynical-to-quit mayor of that...

Reading Between The Lines

Posted on July 25, 2010
Venable LLP partner Joe Lynyak's opinion piece in yesterday's American Banker (paid subscription required) concerning the new Consumer Financial Protection Bureau is a most diplomatic, carefully worded, yet cogent, piece of advice to whoever first takes the reins as the...

Small Business Lending Bill: Will They Or Won't They?

Posted on July 21, 2010
The sausage-making that's taking place in the Senate this week concerning the $30 billion small lending fund bill, a bill that also contains the CRE loss amortization provision we've previously discussed, is particularly unappetizing. While Senate Small Business Chairwoman Mary...

More Depressing Commentary on Community Banks

Posted on July 20, 2010
Reporter Alain Sherter of Bnet.com recently discussed a concern that I raised last week on the uncertain future of small community banks, and he does a nice job. After noting that last year, 45% of community banks increased their lending...

Private Equity Thaw?

Posted on July 19, 2010
A reader asked me if I thought that last Friday's acquisition of three failed banks by a group of former senior Bank of America executives and backed by what the FDIC considers to be "private equity," as well as the...

Banks and Social Media: Banks Lagging Their Customers

Posted on July 18, 2010
Being a blogger about banking law for over six years, I?ve developed an interested in social media use by banks, and I?ve posted about the topic on this blog (when I can tear myself away from the siren call of...

Some Community Banks' Response To Financial Reform: See Ya'!

Posted on July 15, 2010
Many community bankers are looking forward to the brave new world under Dodd-Frank, which appears certain to pass the Senate in the very near future (perhaps tomorrow), with the same eagerness the crowd in Greeley's saloon at the end of...

Every Death March Starts With A First Step

Posted on July 15, 2010
To commemorate today's passage by the Senate of the landmark Dodd-Frank Wall Street Reform and Consumer Protection Act, I thought I'd post a chart sent to me by John Hall of the American Bankers Association: It's not merely that the...

Let The Games Begin

Posted on July 14, 2010
The following is sung to the tune of "Hey, Hey, We're The Monkees"): Here we come, walkin' Down the street. Get very painful looks from Every banker we beat. Hey, hey, we're the Bair-ees And people say we're callous and...

Is The Small Bank Headed To Extinction?

Posted on July 13, 2010
A business reporter speculates on a subject that we've been concerned about for some time: the prospect of the drastic reduction in the number of community banks in the wake of the current economic recession (and perhaps "double dip" recession)....

MyWayLending.Com Steals My Blog Posts

Posted on July 11, 2010
People behind a web site that calls itself "MyWayLending.com" has been taking my blog posts as soon as they are published on this blog and, without my permission, publishing them in their entirety on the MyWayLending.com web site. Like this...

Accountability Not In The Cards

Posted on July 07, 2010
Reporter Heather Landry, in a recent American Banker article that the paper has decided to post "outside the wall," made me laugh out loud with her opening description of a Senate hearing from early last year in which a regulator...

Wal-Mart Bulks Up On Small Biz Lending

Posted on July 06, 2010
With the same perverse fascination that compels us to watch Godzilla crush Tokyo, we can't tear our eyes away from the sight of Wal-Mart's inexorable march into the land where, lately, many banks have feared to tread: small business lending....

Some Bankers Not Only Don't Get It, They Don't Get It That They Don't Get It

Posted on July 05, 2010
After all the public sturm und drang over (1) the failure of mortgage lenders to enforce sound mortgage underwriting standards during "The Bubble Years," (2) the difficulties caused to foreclosing lenders by poor loan documentation, and (3) the fact that...

Immoral Hazards

Posted on June 30, 2010
While guys like John Dugan get their knickers in a twist about the "moral hazard" of granting limited accounting forbearance to community banks who want to amortize commercial real estate losses, the Main Stream Media wrings its hands about big...

Cantakerous Contrarian

Posted on June 28, 2010
ContraBanker's cranky, and his ire is directed at both sides of the management-regulatory divide. I live in western Colorado. At certain times of the year migrating deer and elk can make our highways look like lunch time on Times Square....

False Forbearance Allegations

Posted on June 27, 2010
A recent article in the American Banker (paid subscription required) discussed briefly some of the arguments that federal banking regulators have been making to members of Congress in opposition to the loss-amortization provisions of the small business financing bill that...

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