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Banking Law

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Commentary on Banking Law

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

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If You Couldn't Laugh, You'd Have To Cry

Posted on April 20, 2009
Elizabeth Warren, a Harvard law professor, bankruptcy expert, and blogger, is someone I've previously criticized for being a bit "breathless" when it comes to criticizing big, bad banks and their nefarious, consumer-hating ways. On the other hand, as head of...


Procrastination Is Costly

Posted on April 19, 2009
I was out of town on Good Friday, when New Frontier Bank in Greeley, Colorado was taken down (paid subscription required) by the FDIC (at the request of the Colorado Banking Commissioner). I'll spare you the quips about "good" being...


Dipping Into The Mailbag

Posted on April 16, 2009
It's time to answer a couple of e-mails, publicly, if semi-anonymously. One reader, responding to my use of the phrase "TARP's a tar baby," asked me if I'd ever thought of calling it a "TARP baby." No, but Jamie Dimon...


Foreclosure Freezes Failure

Posted on April 15, 2009
Housing Wire's Paul Jackson has been adamant for some time about the utter uselessness of foreclosure moratorium laws in doing anything other than delaying the inevitable for borrowers and in increasing ultimate losses to servicers and lenders. Last December, we...


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Repaying TARP Capital: Not So Fast

Posted on April 14, 2009
A recent post to FinCriAdvisor (free registration required) gives some interesting insight on what we've previously described as the TARP Tar Baby: the difficult process of repaying TARP CPP investments to the U.S. Treasury Department. Get ready to prove to...


Stunned By Reality

Posted on April 13, 2009
There is more stupidity around than hydrogen and it has longer shelf life. ---Frank Zappa Not long ago, a banker told me that one of the many problems with federal intervention in the country's residential mortgage markets was that none...


Blogging To Distractions

Posted on April 08, 2009
Due to holiday travel, this blog will be off the air until next week. Before I head out, I want to clean one item out of the "to blog on" box before I take off for parts unknown. I received...


Spreading The Love, And Paying It Back

Posted on April 07, 2009
It's only $15 million (and another $100,000 in "change"), but when it comes to returning TARP CPP money, every little bit helps. It also sends another message to Congress and "The Change" that their getting what Barney Frank asked for:...


Putting Reverse Spin On TARP Marketing

Posted on April 06, 2009
One small bank has taken a lesson from recent snarky marketing campaigns by other banks that didn't take TARP preferred stock investments through the US Treasury Department's Capital Purchase Program and have been playing on the public's anger over "bank...


FDIC Torpedoes A Bank's Reacpitalization?

Posted on April 05, 2009
There's a community bank in Greeley, Colorado that appears to be on its last legs. Bank traffic was heavy Friday afternoon amid continued rumors that regulators had planned a takeover. No such takeover occurred, although some customers remained worried...


KPMG: Stomped By The Elephant

Posted on April 02, 2009
Yesterday?s news that the trustee in bankruptcy for former subrime mortgage giant New Century (one of the first big subprime lenders to fail a couple of years ago) had sued KPMG and its international parent over the collapse of New...


KPMG: Stomped By The Elephant

Posted on April 02, 2009
Yesterday?s news that the trustee in bankruptcy for former subrime mortgage giant New Century (one of the first big subprime lenders to fail a couple of years ago) had sued KPMG and its international parent over the collapse of New...


I'm Honestly Shocked

Posted on April 01, 2009
The steady stream of complaints about banks sitting on their money and not making loans to credit-worthy borrowers was temporarily dammed up recently by a diverting report out of Kansas City, Missouri. It appears that in some cases, banks are...


I'm Honestly Shocked

Posted on April 01, 2009
The steady stream of complaints about banks sitting on their money and not making loans to credit-worthy borrowers was temporarily dammed up recently by a diverting report out of Kansas City, Missouri. It appears that in some cases, banks are...


TARP Free And Proud Of It

Posted on March 31, 2009
Four banks, led by Iberiabank Corp, were first out of the gate today to announce that they'd paid back their TARP CPP investments. The four repaid the US Treasury over $338 million to redeem referred stock and warrants, and also...


TARP Free And Proud Of It

Posted on March 31, 2009
Four banks, led by Iberiabank Corp, were first out of the gate today to announce that they'd paid back their TARP CPP investments. The four repaid the US Treasury over $338 million to redeem referred stock and warrants, and also...


Earlier this month, we headlined

Posted on March 30, 2009
Earlier this month, we headlined a post about the backdating scandal at IndyMac, "As Bad As It Gets." We were just kidding. It gets worse (paid subscription required). The Treasury Department's inspector general is investigating whether regulators allowed the backdating...


OTS Backdating Scandal: From Bad To Worse

Posted on March 30, 2009
Earlier this month, we headlined a post about the backdating scandal at IndyMac, "As Bad As It Gets." We were just kidding. It gets worse (paid subscription required). The Treasury Department's inspector general is investigating whether regulators allowed the backdating...


More Of The Same Old Sleaze

Posted on March 26, 2009
We once thought that Clinton appointee Franklin Raines had a sweet deal at Fannie Mae (even though he had to--kind of--sort of--pay back a wad of his "compensation"). On a per-hour basis, Franklin had nothing on current White House Chief...


More Of The Same Old Sleaze

Posted on March 26, 2009
We once thought that Clinton appointee Franklin Raines had a sweet deal at Fannie Mae (even though he had to--kind of--sort of--pay back a wad of his "compensation"). On a per-hour basis, Franklin had nothing on current White House Chief...


A Regulator's "Kumbaya Moment"

Posted on March 25, 2009
At a Congressional hearing today (paid subscription required), federal bank regulators reluctantly confirmed what we (and many bankers) have been complaining about for months (most recently, here and here): bank regulators are sending conflicting signals to banks about lending...


A Regulator's "Kumbaya Moment"

Posted on March 25, 2009
At a Congressional hearing today (paid subscription required), federal bank regulators reluctantly confirmed what we (and many bankers) have been complaining about for months (most recently, here and here): bank regulators are sending conflicting signals to banks about lending...


Where There's A Will, There's A Way

Posted on March 24, 2009
An article by Cheyenne Hopkins in today's American Banker (paid subscription required) nicely outlines the immediate reactions of many banking lawyers and consultants to the toxic asset and loan purchase plans announced yesterday by the Treasury Department...


CRA Extension: Let's Focus On The Real Issues

Posted on March 22, 2009
We're waiting on pins and needles for the details of the next great idea for disposing of toxic assets on the balance sheets of big banks by enticing private investors to participate in working out those assets with a government...


TARP Derangement Syndrome

Posted on March 19, 2009
The successor to "Bush Derangement Syndrome" among the chattering and political classes might soon be "TARP Derangement Syndrome." With the House and the Senate rushing through punitive legislation to punish bonus recipients at AIG, and in the process scooping up...


Creative Coercion Curtailed

Posted on March 18, 2009
Cindy Cooper got her head handed to her last week in Buffalo. Whether she'll shuffle off, dry up and blow away is anyone's guess. If she comes back for more, I'm assuming that the judge will hand her not only...


The Wheel Will Turn

Posted on March 17, 2009
Sen. Charles Grassley is playing a deadly game. I never believed for an instant that he was literally advocating that AIG executives commit suicide. However, there's no question that he's playing on the public's anger, riding it like Laird Hamilton...


Take My TARP...Please

Posted on March 16, 2009
TCF CEO Bill Cooper is mad as hell, and he's not going to take it anymore. The man who recently told the Treasury Department that he's got a bad case of seller's remorse and wants to give back his bank's...


Maxine Waters: Ethically Challenged

Posted on March 15, 2009
In a big lake filled with enormous, intellectually dishonest bottom feeders, California Rep. Maxine Waters sucks up more detritus than most, and spews forth the most ridiculous garbage with every exhale. In December, she openly thumbed her nose at House...


Rolling Down The Road To Perdition With Barack & Co.

Posted on March 12, 2009
To many readers, this story is merely a routine business transaction between two banks. A New Mexico-based bank sells its Colorado branches to a bank with a larger footprint in Colorado. The seller nets a nice little premium (5.8%) for...


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