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Bank Lawyers Blog 

Commentary on Banking Law
Post Frequency: 10.2/day Last Entry: March 30, 2011 at 23:38:00 Recent Entries: 946
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The Most "Evil" Lenders Are Also, Conveniently, The Richest
Posted on December 20, 2009In July, we noted that while other broken Eastern cities that tried to blame their economic decline on the nefarious mortgage lending practices of banks with deep pockets were being handed their heads by judges who followed both the law's...
More Shameless Shilling
Posted on December 16, 2009Having hit two personal milestones this year, my sixtieth birthday and my thirty-fifth year practicing law, I figured it was past time to begin doing honest work. So, I talked two old and dear friends of mine, John Walker and...
More on D&O Insurance Distress
Posted on December 13, 2009FinCri Advisor (free registration required) continues its exploration of D&O policies for bank officers and directors and the defenses that carriers are raising to avoid having to actually defend the directors and officers. As my Contracts professor told his class...
OCC Preemption Lives To Fight Another Day
Posted on December 10, 2009According to Stacy Kaper, reporting in today's American Banker (paid subscription required), Barney Frank worked out a compromise late yesterday with moderate Democrats that appears to roll back the attempt by more liberal Democrats to restrict the OCC's power to...
Rallying the Troops
Posted on December 09, 2009The US House of Representatives began debate today on a massive financial institutions reform bill. It, and the hundreds of amendments that have already been helpfully proposed to improve it, are designed to avoid any repetition of the current woes...
Dusting Off An Old (But Good) Idea
Posted on December 08, 2009This is a good idea that I hope gains traction. There is speculation in the banking industry that the Federal Deposit Insurance Corporation could start holding more two-for-one sales, so to speak, for failing banks....[S]ome deals to come in Georgia....
Delaying The Inevitable Compounds The Loss
Posted on December 07, 2009As The Wall Street Journal's weekend edition reported (paid subscription required), political influence might buy a bad bank time, but it can't cure what ails it. Federal regulators on Friday seized AmTrust Bank, a battered Cleveland thrift kept alive this...
The FDIC Considers Another Loss Leader
Posted on December 06, 2009Sheila Bair announced late last week that she doesn't think previous efforts by buyers of mortgage loans of failed banks from the FDIC are cutting the muster and she is considering having the FDIC require that they take loan modifications...
No Worries, Mate!
Posted on December 03, 2009Ben Bernanke told the US Senate today that it would be "tragic" if bank regulatory reform legislation stalled. John Bowman is apparently a fan of tragedy. The Acting Director of the OTS told reporters last week that all this talk...
Thank You, Sir! May I Have Another?
Posted on December 02, 2009While we've previously focused on all the banks that are turning up their noses at the sweet smell of TARP II, we almost missed the fact that there's at least one small bank that scooted back to the trough for...
DAP Was a Disaster
Posted on December 01, 2009A year after it was shut down by Congress, the practice of builders paying non-profit consumer advocacy groups to funnel down payments in the form of "gifts" to buyers of homes from those same builders (buyers who financed the rest...
Arrogance Has Its Price
Posted on November 30, 2009A recent decision by a New York state trial judge has caused a bit of a buzz about the blogosphere, especially on borrower advocate blogs and other "fora" where banks are bashed and every set-back for foreclosing lenders is greeted...
Taking TARP Takes a Toll
Posted on November 24, 2009It appears that all those banks that didn't take TARP money and used that fact to publicly bash their brothers who did take TARP needn't have bothered to spend all those bucks on billboards. According to Rich Brose of Maritz...
Concentrating on Commercial Real Estate
Posted on November 23, 2009Reports of increased scrutiny of banks--particularly community banks--because of deteriorating commercial real estate values keep piling on. In Boston, the local business press seized upon the fact that commercial real estate concentrations at several local banks "soared past" the "limit"...
"Due Care" and the Benefit of 20/20 Hindsight
Posted on November 22, 2009Well over four years ago, before the subprime mortgage meltdown caused all our economic dominoes to tumble one into the other, leaving us wallowing in the current morass, I wrote a brief post about an important case involving directors of...
Another Day of Progress in D.C.
Posted on November 19, 2009Whatever Mark Zandi's smoking, I want a toke. Testifying today before the Congressional Oversight Panel that "oversees" the Treasury Department's TARP, Mr. Zandi made a bold assertion. Mark Zandi, the chief economist and cofounder of Moody?s Economy.com, said that banks...
To The Contrary
Posted on November 18, 2009Former client and long time banker Pat Dalrymple (the subject of a previous post) has joined the world of banking bloggers with "Contrabanker: A Bank Contrarian's Blog"). If Pat's first post is any indication, he's going to provide a no-holds-barred,...
Talking Trash 'Bout TARP
Posted on November 17, 2009Sheila Bair said last week that the TARP CPP program was, in retrospect, maybe not such a good idea. ?I just see all the problems it?s created now,? she said in an interview with PBS economics correspondent Paul Solman. ?The...
There IS Rest For The Weary
Posted on September 28, 2009The blog is on vacation until next week. Enjoy a snark-less week.
Then Again
Posted on September 24, 2009A couple of follow ups to recent blog posts: The New York Times ran a story last week about the strong fight that industrial banks are waging to preserve their form of charter in the face of an assault on...
Ego and Ambition Got in the Way
Posted on September 23, 2009We were just speaking about Angelo Mazilo, former Chairman of Countrywide, and darned if I didn't finally get around today to reading a recent profile about him in The Los Angeles Times, a newspaper that, according the article, Mazilo loathes....
Singing The No-Perp Walk Blues
Posted on September 22, 2009CNNMoney.com's Colin Barr asks, "Where are the subprime perp walks?" and expresses dismay that, three years after the advent of the subprime mortgage crisis, not one major case has been brought by criminal prosecutors against senior executives tied to the...
Colorado Not Grading On A Curve
Posted on September 21, 2009The situation in Colorado for independent mortgage brokers gets tougher every day. When we posted earlier this month about the decision of Colorado Director of Real Estate Erin Toll to deactivate the licenses of over half of the state's licensed...
Hindsight Is Always 20/20
Posted on September 20, 2009Francine McKenna of re: The Auditors fame wrote a post on Clusterstock today that irritated at least one anonymous commenter to the post. I get a kick out of the bravery that's fostered by anonymity. Francine wondered why the financial...
Turnabout Is Not Fair Play
Posted on September 17, 2009The FDIC's practice of "loss sharing" with acquirers of "bad assets" of failed banks and thrifts reached another level with the recent sale of a mixed bag of loans from the failed Franklin Savings of Austin (30% of which are...
Time For A Break
Posted on September 16, 2009I was going to post about something serious this evening and I just don't have the heart. No, that's not right. I just don't have the time. Well, I have neither. So, for something completely off-topic, and off-the-wall, here's an...
Tone Deaf Player Ejected From Band
Posted on September 15, 2009When I read this story from The Los Angeles Times late last week, I thought to myself that there has to be a limit to how tone deaf a person can be to public sentiment and still keep his or...
Other Federal Bank Regulators To FDIC: Thanks, But No Thanks
Posted on September 14, 2009FiCri Advisor followed up a post of last week about the FDIC's new policy for de novo banks (which prompted my thoughts on the matter here) with another post over the weekend. They asked the remaining federal commercial bank regulators...
Bair To Lenders: Borrower Forbearance Is A Good Thing
Posted on September 13, 2009Sheila Bair's press release last Friday was a publicity stunt that generated the expected snarky e-mails piling up in my e-mail in-box. Her statement that lenders always "win" by extending forbearance to borrowers and temporarily lowering their monthly mortgage payments...
Do You Feel Lucky Today?
Posted on September 10, 2009FinCri Advisor disputes at least a portion of the FDIC's rationale for its recently adopted restrictions on newly chartered state nonmember banks. The FDIC says its recent decision to expand the de novo supervisory period from three to seven years...
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How do you recover money from a stop payment placed on a personal check given to you?
you can always take them to small claims court and sure them for 3 times the amo...
How to prove child support payments were sent by US Mail?
Your best bet is to send the checks via certified mail return receipt requested....
Some elses debt is being reported by a bank to the crecit agencies. They know and have ackowledged it is not mine, yet it is still being listed as mine. it was my son's and no I didn't co-sign. It is adversly
It is easy for the bank and the credit reporting agencies to clear this confusio...
My job requires me to drive bank deposits up to two times a day using my own vehicle and gas. Although not too far, can should I be receiving compensation? One deposit run is required daily by company policy, but the man
you should be getting a mileage comp. I own my own company and I pay my employee...
A month or so ago I was with some new people I met, and one of them asked me to cash a couple of checks he had, that he couldn't cash because he didn't have a bank account or a driver's liscence. I didn
If the call was from your bank it may mean that the checks were bad. You may hav...

How do you recover money from a stop payment placed on a personal check given to you?
you can always take them to small claims court and sure them for 3 times the amo...
How to prove child support payments were sent by US Mail?
Your best bet is to send the checks via certified mail return receipt requested....
Some elses debt is being reported by a bank to the crecit agencies. They know and have ackowledged it is not mine, yet it is still being listed as mine. it was my son's and no I didn't co-sign. It is adversly
It is easy for the bank and the credit reporting agencies to clear this confusio...
My job requires me to drive bank deposits up to two times a day using my own vehicle and gas. Although not too far, can should I be receiving compensation? One deposit run is required daily by company policy, but the man
you should be getting a mileage comp. I own my own company and I pay my employee...
A month or so ago I was with some new people I met, and one of them asked me to cash a couple of checks he had, that he couldn't cash because he didn't have a bank account or a driver's liscence. I didn
If the call was from your bank it may mean that the checks were bad. You may hav...








