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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

PTSD Damages For A Non-Event

Posted on January 28, 2009
Two and one-half years ago, then-VA Administrator Jim Nicholson asked Congress for emergency funding of not less $160.5 million "for credit counseling and other measures to protect veterans and military troops whose sensitive personal information was stolen...

G-Mac Steps Up Its "Regifting" Of Bad Loans

Posted on January 27, 2009
Freddie and Fannie aren't the only big loan investors who have been issuing massive loan "put backs" to their loan sellers. They've recently been joined by GMAC's Residential Funding Co., which, according to the Minneapolis/St. Paul Business Journal, "has nearly...

Spinning TARP With Just The Right Velocity

Posted on January 26, 2009
A short article from Friday's St. Louis Business Journal crams a lot of viewpoints.The article deals with the TARP CPP program, and complains that only four St. Louis banks have received investments from the Treasury under the program. The article's....

Talking From Both Sides Of Their Mouths

Posted on January 25, 2009
Steve Brown, the Real Estate editor of The Dallas Morning News, let loose a tirade on Friday directed at banks and their regulators over the "foreclosure flood" that is coming in commercial real estate.The whole spectrum of borrowers, ranging from...

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Barney Goes To Bat For Baytown Bank: Big Deal

Posted on January 22, 2009
I wish I could get as worked up about the page one story in today's Wall Street Journal as many others have done. I simply cannot. The entire process of picking winners and losers in the bank bailout game totally...

Data Breaches: On The Rise and Striking the Heartland

Posted on January 21, 2009
While most honest citizens are recovering from the hangover induced by the Obama Inaugural Extravaganza, the few rotten apples in the barrel have been busy little bees. Last week, the WSJ reported that last year, businesses reported 656 data security...

Allegations of IndyMac's "Backdating": Worse Than We Thought?

Posted on January 20, 2009
A colleague from the West Coast sent along this tidbit from ABC News that apparently documents the efforts of ABC News rodent reporter Brian Ross to chase an unsmiling and silent Darrell Dochow around the block a few times, after...

Preemption: High Tide?

Posted on January 19, 2009
When we discussed the US Second Circuit Court of Appeal's decision in December 2007 to uphold the principle federal preemption of the authority of state regulatory authorities to enforce state laws on fair lending against national banks, it generated a...

The Dancing Bear Tires

Posted on January 16, 2009
The Wall Street Journal broke a story today that, thus far, has been ignored by most of the rest of the main stream media. It's Friday and Bank of America's and Citigroup's woes dominate the banking stories. Yet, this one's...

Quick Hit Re: Accountability

Posted on January 15, 2009
Tonight, I only have a brief moment to point you to an intriguing post by a young blogger who continues to intrigue me: Emily Flitter of BankThink. In her e-mails to me, she seems to take the position that she's...

Not Feelin' The De Novo Love

Posted on January 14, 2009
For the sake of those trying to organize new banks, we wish we could say we've been surprised by this recent article from the newspaper itself (paid subscriptiton required) that confirmed what we recently speculated upon: the FDIC is putting...

FDIC Keeps IndyMac Buybacks "In-house"

Posted on January 13, 2009
Last week's rank speculation reasonable assumption that the FDIC as receiver of the late, great IndyMac retained the liability for buyback demands made by Fannie Mae was confirmed Sunday by the New York Post ( a bastion of responsible reporting,...

Make Work

Posted on January 12, 2009
Last week, banking expert Bert Ely argued persuasively why banks should not be pushed into using TARP dollars to throw good money after bad. He urged, instead, that banks put capital to work where it best served the survival of...

Bair Stays In Her Lair

Posted on January 11, 2009
It's amusing, and very fitting, that Barney Frank is the elected official who publicly confirms that, indeed, Barak Obama's kind words for Sheila Bair mean that she's in at the FDIC for as long as she wants to be, or...

Cramdown's A'Comin'

Posted on January 08, 2009
To no one's surprise, (certainly not ours), first lien residential mortgage loan cramdowns will soon be coming to a bankruptcy court near you. Although we haven't seen the bill yet, Dick Durbin's office announced today that he, Chuck ("Bank Run")...

Mad For Loan Mods

Posted on January 07, 2009
Although often berated as a prime example of the "Liberal Main Stream Media" that conservative radio talk show hosts love to loathe, the latest issue of Time magazine sang the praises of a company that's often been labeled as one...

Lending Mandates A Bad Idea

Posted on January 06, 2009
Noted banking expert and popular popper of gas balloons, Bert Ely, weighed in on the issue of banks not using TARP money to make loans, with an opinion piece published in the most recent edition of The Wall Street Journal....

Hard To Pick A Favorite

Posted on January 05, 2009
Shortly before New Years Day, Housing Wire broke the story that the FDIC's negotiations to sell most of IndyMac to a consortium of Wall Street sharks private equity funds was being held up by mortgage loan buyback demands made by...

Bailing Out Some Banks But No Borrowers?

Posted on January 04, 2009
Today's Dallas Morning News contained an article whose headline was less than stunning: "Banks might use bailout funds for acquisitions." Someone needs to notify the News that banks have already used bailout funds for acquisitions. Ask the former National City...

Pause...Then Resume

Posted on December 24, 2008
I'm taking a break for the holidays. Even snark, second-guessing, and general insensitivity needs to be renewed during this time of year. Perhaps I'll return next year with an inviting, open, accepting, post-modern personality, and revel in the diversity of...

Bailout Comes To Mainstreet

Posted on December 23, 2008
Emily Flitter brings us the inspiring story of an average homeowner,Thomas Haberson, who's had enough of the big banks getting all the bailout bucks. He's filed a handwritten complaint against the US Treasury Department in an Arizona court that seeks...

IndyMac Fun Continues For OTS

Posted on December 22, 2008
When in early October, I discussed the spreading stain of criticism over the OTS's former Western Regional Director Darrell Dochow and his alleged mishandling of busted federal savings bank IndyMac, I warned that the drumbeat would get louder and louder...

Delaying The Inevitable

Posted on December 21, 2008
Housing Wire recently posted further evidence that the various state foreclosure moratorium laws are not achieving their goal of forcing lenders to modify loans with borrowers who are substantially delinquent.It appears that California is now following in the footsteps of...

FDIC Saying "Nyet" To New Charters?

Posted on December 17, 2008
Although the FDIC denies it, organizers and consultants who are trying to start new banks in certain areas of the country allege that the FDIC has put in place a "de facto ban" on all new bank charters.?It is a...

FDIC Saying Nyet To New Charters?

Posted on December 17, 2008
Although the FDIC denies it, organizers and consultants who are trying to start new banks in certain areas of the country allege that the FDIC has put in place a de facto ban on all new bank charters.???It is a...

Workin' It Out With Waters

Posted on December 16, 2008
Not to be outdone by Sheila ("Mama Bear") Bair in the race for the title of 2008's "Loan Mod Madam," California Representative Maxine Waters has not only stuck her toe in the loan modification water, according to an article in...

Betsy On Bair

Posted on December 15, 2008
Fortune senior editor Betsy Morris has a girl crush on Sheila Bair, and boy, has Betsy got it bad!Sheila Bair may now be a lightning rod, but at least she's finally getting some respect. For months, her agenda was a...

Betsy On Bair

Too Dumb To Borrow?

Posted on December 14, 2008
For decades, there's been a split between those who think that consumers should be free to make informed decisions about credit, good or bad, as long as they have available to them the relevant information to make such informed decisions....

Too Dumb To Borrow?

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