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Banking Law

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

Private Equity And Failed Banks: The Stiff Arming Continues

Posted on June 23, 2010
The American Banker chose to post an article online outside it's subscription-based firewall, which means that readers who don't subscribe to that publication get a chance to read the article and see what they're missing on a daily basis. I...

Diana Taylor Says, "Yes. No. Maybe."

Posted on June 22, 2010
As long-time readers understand, the principal author of this blog has had an unhealthy obsession with a passing interest in Diana Taylor, former New York Banking Superintendent and current paramour of New York City Mayor Michael Bloomberg. It's been over...

CRE Loss Amortization: Less Than A Home Run

Posted on June 21, 2010
Although the commercial real estate loan loss amortization amendment sponsored by Colorado Representative Ed Perlmutter that we discussed last week made it into HR 5297, which was passed late last week by the House of Representatives, the final version of...

A Little Kryptonite Thrown At The FDIC

Posted on June 20, 2010
It's not often that the so-called "Superpowers" of the FDIC as receiver of a failed bank are curbed. However, Kevin LaCroix discussed a recent decision of the federal Second Circuit Court of Appeals that clipped the FDIC's wings in his...

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CRE Loss Amortization Makes Into HR 5297

Posted on June 16, 2010
I was informed today that US Representatives Mike Coffman and Ed Perlmutter of Colorado succeeded today in securing an amendment to HR 5297 (The Small Business Lending Fund Act), which is expected to be voted on by the House tomorrow....

CRE Loss Amortization Makes It Into HR 5297

Don't Look Now, But There's A Man In Your Browser

Posted on June 15, 2010
Consultant Jasbir Anand wrote a nice "Viewpoint" piece in a recent issue of the American Banker (paid subscription required) about "man-in-the-browser" attacks on bank accounts. While banks have invested in multifactor authentication over the past few years (which is a...

Bashing the FDIC: It's Not a Pastime, It's a Way of Life

Posted on June 14, 2010
Ever since one of New Mexico's largest home grown community-focused banks, Charter Bank, was seized by the FDIC last year, the New Mexico Business Weekly has been all over the FDIC. Not in the way Monica Lewinski was all over...

ATM Skimming: From Russia (And China), With Love

Posted on June 13, 2010
Tracy Kitten of The Fraud Blog recently posted about ATM Skimming problems. Her post highlights a number of problems we've been following for a number of years with respect to all types of cybercrime, not merely ATM skimming. One of...

Get Your Head Into The Clouds

Posted on June 10, 2010
A passing reference in a previous post to an upcoming webinar on issues for banks related to "Cloud Computing" generated some inquiries as to what, exactly, constitutes "cloud computing." Well, when it comes to drilling down into the esoterica of...

Residential Mortgage Lending: High Risk, High Costs, Low Returns

Posted on June 09, 2010
Housing Wire had an interesting post the other day that concerned a recent panel discussion at a REO Exposition in Dallas about the Protecting Tenants at Foreclosure Act of 2009. Apparently, this wonderful slice of federal sausage caught many real...

A Tale Of Two Legislatures

Posted on June 08, 2010
Over a year ago, Ohio legislators were busy "brain storming" ways to "close loopholes" they themselves created in state laws which purportedly tried to shut down payday lending in Ohio. According to one recent editorial in Columbus Business First, they're...

No More "Tolling" For Bank Lawyer's Blog

Posted on June 07, 2010
A Bank Lawyer's Blog favorite, former Colorado Deputy Insurance Commissioner Erin Toll, a woman who apparently never met a camera lens she didn't fall in love with (and vice versa, to be perfectly honest), recently was permanently "disengaged" from her...

The Long, Spastic Arm Of The Law

Posted on June 06, 2010
I know thoughtful readers will find this hard to believe, but the financial reform legislation being reconciled by both houses of the US Congress might have some unintended consequences, and not all of those consequences will be beneficial. Yes, I,...

Memo to Bank of America: Eat More Fish

Posted on June 03, 2010
The good news never ends when Bank of America's enemies put their ear to the ground. That stumbling and bumbling they hear are the sounds of a blind bull in a Waterford crystal palace after its just consumed loco weed....

No Rest For The Wicked

Posted on June 02, 2010
In a blog post yesterday, Linda McGlasson at The Agency Insider reminds bankers that Ponzi schemes didn't die when Bernie Madoff went to jail. While Bernie's scam might be the Platonic ideal of a Ponzi, compared to which those of...

The "New" Charter Bank Says: "The Lending Window Is Open"

Posted on June 01, 2010
When we last visited the situation in Albuquerque in the immediate aftermath of the failure of New Mexico's Charter Bank and its potential effects on the local economy, we noted that the "new" Charter Bank's "new owner," Texas-based Beal Financial...

FASB's Big Bad Idea

Posted on May 31, 2010
The stars must be in an unusual alignment, because Bill Issac and Sheila Bair agree on something, and I agree with both of them. Such agreement will come around again when pigs grow wings. What has united us is the...

Pushbacks on Buybacks Getting Stronger

Posted on May 27, 2010
Sunday, we discussed the fact that not only were some big mortgage loan seller/servicers "pushing back" on Fannie Mae and Freddie Mac when those GSEs try to force loan repurchases, but that the Mortgage Bankers Association was holding a series...

Community Banks: Up TARP Creek Without A Paddle

Posted on May 26, 2010
Last year, Jamie Dimon called TARP a "Tarp Baby," which I assume enraged politically correct Uncle Remus haters everywhere. He was talking about the country's biggest banks at the time. In January of this year, we called it a "roach...

Nouri Bashing Par Excellence

Posted on May 25, 2010
I made a little fun of Nouriel Roubini last week, mostly because he's so unrelentingly downbeat, yet has managed to achieve a kind of "rock star" status among business and economics geeks. It's as if being on the brink of...

Pyrrhic Victories

Posted on May 24, 2010
Last week, A Texas bank and a former business customer quietly settled a lawsuit that arose out of the diversion by cyber criminals of over $800,000 from the customer's account with the bank. Although neither side publicly commented about the...

Sunday Night Scattershooting

Posted on May 23, 2010
I'm blogging on the fly while dodging arrows shot by Nouri lovers over last Thursday night's post. So, here are a few disconnected links to items that might be of interest to readers. If not, have a Supercalifragilisticexpialidocious start to...

Doctor Doom Scoffs at Financial Reform

Posted on May 20, 2010
Economist Nouriel Roubini has achieved an almost (or perhaps, actual) cult-like status because he was one of the very few talking heads who consistently called the "Great Recession" before it was apparent to the rest of us mere mortals. He's...

The Incredible Shrinking Bank Sector

Posted on May 19, 2010
As regular readers know, I've speculated for some time (for example, here) that the FDIC has a not-so-hidden agenda to bring down the number of FDIC-insured banks from 8,000 to 6,000. After a speech last month, I was reminded by...

Sheila Talks Turkey About Derivatives

Posted on May 18, 2010
I assume that no Blue State readers ever watch Fox Business News, and, therefore, as a public service to them, I'm posting an embedded video of a recent interview of Sheila Bair on that cable channel in which she makes...

The "Inflatable" Charter

Posted on May 17, 2010
Some Denver investors (who, not surprisingly, are former bankers) are in the process of pursuing a game plan that's become increasingly common: buying a relatively small, distressed commercial bank before it fails and using it as a platform to make...

Bennett Bites The Dust

Posted on May 16, 2010
There was an insightful article in the American Banker (paid subscription required) last week by Joe Adler that discussed the likely impact of Senator Bob Bennett's recent primary loss on the industrial banking industry. That impact is very likely to...

The Road To Hell Is Paved With Bonds

Posted on May 13, 2010
Daniel Goldman is senior editor of First Things, a journal that advertises itself as one that is concerned with the intersection of religion and the public square. Therefore, imagine my surprise when Goldman's Monday morning piece on the First Things...

Forecast For The Sunshine State: Thunderstorms

Posted on May 12, 2010
Lawyer and former McKinsey & Co. management consultant David W. McCombie III wrote an opinion piece for Monday's The Miami Herald about the state of the banking business in Florida. According to David, the situation is grim and is likely...

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