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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

Small Biz Lending Law A Bust?

Posted on October 14, 2010
According to a recent American Banker article (paid subscription required), it looks like the $30 billion small business lending law enacted by Congress may be cocered with the same patina that slimed TARP. So far, the response among bankers has...

Bank Fees: Not As Bad As You Might Think

Posted on October 13, 2010
You wouldn't known it by reading the main stream media, which feasts on sad tales of consumers being gouged by evil banks at every turn (some of which are, indeed, sad tales), but as Fierce Spirits points out, a recent...

Don't Cry For Me OCC

Posted on October 12, 2010
Tell me you're surprised by this (paid subscription required)and I'll call you a fibber. The merger of the Office of the Comptroller of the Currency and Office of Thrift Supervision is shaping up to be the match made in regulatory...

Will The Bite Be As Bad As the Bark?

Posted on October 11, 2010
With all the furor lately over bullies who drive sensitive adolescents to end their lives by harrassing them mercilessly, you have to wonder why no one takes the time to call out the FDIC for all of its public blustering...

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Misdirection

Posted on October 06, 2010
While the Department of Justice announced today that it will investigate the foreclosure practices of some of the big residential mortgage loan servicers arising from their alleged "robo-signing" of documents that were not actually reviewed by the person signatory, Housing...

The Smaller They Are, The Harder They Fall

Posted on October 05, 2010
?Community banks are the lifeblood of our nation?s financial system, supplying much-needed credit to countless individuals, small businesses, nonprofit organizations, and other entities in large and small towns around the country.?-- Sheila Bair, May 29, 2009 A thoughtful piece by...

Public's TARP Tantrum Survives TARP's Death

Posted on October 04, 2010
Although the TARP program officially ends today, the Wall Street Journal's Deborah Solomon and Neftali Bendavid contend that Joe Sixpack and Mama Grizzly remain madder than wet hens over the program. Lawmakers who voted for TARP are fighting for their...

Smoke and Mirrors

Posted on October 03, 2010
I'm not the only blogger bleating about loan repurchase risks. Francine McKenna has been pounding the large audit firms for several years about their failure to catch the repurchase risk inherent in the business operations of large mortgage bankers like...

Unlike Love, Banks Aren't Lovlier The Second Time Around

Posted on September 30, 2010
The Denver Business Journal's Renee McGaw discusses a quirky result of the recent meltdown in the community banking sector: a number of the banks that have hit the skids and are under regulatory enforcement agreements or orders were started and...

Overdraft Rules' Impact Overblown?

Posted on September 29, 2010
According to an article in yesterday's American Banker (paid subscription required), both banks and consumer advocates are stunned (STUNNED I Tell Ya'!) that as banks have been forced to make consumers "opt in" to overdraft protection (as opposed to just...

36% ROE: A Good Year's Work

Posted on September 28, 2010
If eyebrows were raised by last month's news that BankUnited is planning an IPO, those same eyebrows are likely near the top of the forehead with the more recent announcement that the OTS had approved the declaration of a dividend...

Fax Machines: A Source of Civil Money Penalties?

Posted on September 27, 2010
Linda McGlasson at The Agency Insider blog had a smart post last week on the recent FDIC guidance on the information security risks of printers, copiers, and fax machines. It's not about the copies that are made or printed or...

America's Bank's Bozo Behavior Bites Another Consumer's Behind

Posted on September 26, 2010
I've been blogging about incidents over the last couple of years that demonstrate Bank of America's astounding practice of foreclosing upon and/or seizing homes upon which it has no liens. Of course, this piss-ant blog isn't going to motivate a...

ICBA Goes Off The Rails

Posted on September 23, 2010
ICBA CEO Camden Fine has finally admitted what many of us have suspected for some time: he's out of his mind. Albert Einstein defined insanity as doing the same thing over and over again and expecting a different result. Given...

De Novo No A Go-Go

Posted on September 22, 2010
Over at the Bank Safety & Soundness Advisor (paid subscription required), the experts confirm what the wingnuts at Bank Lawyer's Blog have been blabbing about regarding de novo banks: holding your breath until the FDIC approves your application for insurance...

Parsing "Private Equity"

Posted on September 21, 2010
Today's American Banker contained a front page article by Rachel Witkowski (paid subscription required) that discussed a very important trend that many interested players have experienced or seen with respect to the acquisition of failed banks from the FDIC: there's...

It's Who You Know, Not What You Are

Posted on September 20, 2010
The Senate version of the small business lending bill that passed the Senate last week didn't contain even the watered-down version of the commercial real estate loss amortization provisions that the House version of the bill contained. As I noted...

Wells, Warren, and the Weekend

Posted on September 16, 2010
A couple of quick hits for those non-government employees who haven't the advantage of "Flex Days" and actually show up for work on Friday to read this blog: Baltimore had its latest amended complaint against Wells Fargo dismissed by Judge...

Passing The Buck On Buybacks

Posted on September 15, 2010
I was talking over lunch the other day with a senior executive of a large community bank that is in the midst of litigation with a rather large loan servicer that is attempting to force the bank to repurchase loans...

Blow Back For A Blowhard

Posted on September 14, 2010
I received some push back from a few readers on a couple of recent posts, and inasmuch as I long ago decided I didn't have time to both practice law and "police up" the blog's comments box from the leavings...

Tiny TARP-Takers Taking It On The Chin

Posted on September 13, 2010
The Big Dogs that took TARP have, for the most part, paid it back and are doing as well or better than any other line of business in the current struggling economy. According to the St. Louis Business Journal, many...

Preconceived Notions

Posted on September 12, 2010
Long-time community banking attorney wrote a recent article for the ABA Banking Journal online that discusses a fact of life for most banks: when bank examiners walk in the door at the start of an examination they already know what...

Overdraft Fees: Painful For Banks, Blissful For Litigators

Posted on September 09, 2010
Wells Fargo's recent loss in federal district court in overdraft fees litigation is already generating additional action in other courhouses. Class action attorneys in Minnesota recently filed suit against Minneapolis-based TCF Financial Corp. and made allegations in their class action...

Barney Debates A Dining Room Table

Posted on September 08, 2010
While Rep. Maxine Waters has been hogging the public spotlight with her vigorous defense of her right to milk the public cow, her erstwhile colleague on the House Financial Services Committee, Chairman Barney Frank, has been learning the lesson that....

Extremism In The Defense of Oppression Is No Vice

Posted on September 07, 2010
American Banker's Editor-at-Large Barbara Rehm recently began writing columns for that trade publication and she's doing a great job of discussing some of the issues that face community bankers in the trenches and that don't otherwise get a lot of...

Trudging Deeper Into The Swamp

Posted on September 06, 2010
As expected, Maxine Waters has risen to her own defense with all guns blazing, firing off a salvo of denials of accusations of ethics' violations, casting aspersions on her accusers, and hoping that some of these spitballs stick to the...

The New Boss Same As The Old Boss?

Posted on August 30, 2010
I'll be on vacation the rest of the week, but I wanted to leave you with a little video music entertainment to tide you over until after the Labor Day holiday. As many of you know, consumer advocacy groups have...

Do It, And Do It NOW!

Posted on August 29, 2010
A recent issue of Bank Safety & Soundness Advisor (paid subscription required) publicizes a trend that boots on the ground have been experiencing lately: "Federal regulators are increasingly inserting language into consent orders --instead of waiting to issue a Prompt...

Out of the Fields and Into the Big House

Posted on August 25, 2010
"...[W]e must take the crown in our hands, and go hunting in dry places and dark corners of the earth until we find the one man who feels himself unfit to wear it. Carlyle was quite wrong; we have not...

Overdrafts: The War Rages On

Posted on August 24, 2010
As all of us who have debit/ATM cards have recently experienced, banks who are bothering to comply with the changes to Regulation E on overdraft "protection" (and we assume that includes all banks that want to stay in business) have...

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