Post Tagged with: "BANKING LAW"

A FINANCIAL INSTITUTION CLAIMING THAT A POSSESSOR BANK WRONGFULLY REFUSED TO RETURN LOANS AND PROCEEDS TO WHICH A TRUSTEE HAD LEGAL TITLE MUST UTILIZE THE FINANCIAL INSTITUTIONS REFORM, RECOVERY AND ENFORCEMENT ACT’S ADMINISTRATIVE CLAIMS PROCESS BEFORE TURNING TO THE FEDERAL COURT FOR DE NOVO JUDICIAL REVIEW: BANK OF AMERICA NATIONAL ASSOCIATION V. COLONIAL BANK

BY KIRAN K. PATEL The Court of Appeals for the Eleventh Circuit vacated and remanded an injunction from the District Court holding that the antiinjunction provision of Financial Institutions Reform… Continue Reading>

STATE ENFORCEMENT OF STATE FAIR-LENDING LAWS AGAINST NATIONAL BANKS IS NOT AN EXERCISE OF VISITORIAL POWERS RESERVED EXCLUSIVELY TO THE FEDERAL GOVERNMENT BY THE NATIONAL BANK ACT: CUOMO V. CLEARING HOUSE ASSOCIATION, L.L.C.

BY JAMES THORNBURG Do states have the power to enforce their own fair-lending laws against national banks? This was the question presented to the Supreme Court of the United States in Cuomo v. Clearing House Ass’n, L.L.C. In a majority opinion by Justice Antonin Scalia, the Court answered in the […]

Read More

VISITORIAL POWERS AND THE GENERAL POWER TO ENFORCE THE LAW: ANDREW M. CUOMO, ATTORNEY GENERAL OF NEW YORK V. THE CLEARING HOUSE ASSOCIATION, L.L.C.

BY ALEXANDRA KUTCHINS The Supreme Court of the United States vacated an injunction against the attorney general of New York insofar as it prohibited him from bringing a judicial enforcement action to enforce compliance with New York fair-lending law because the vesting of visitorial powers in the Comptroller of the […]

Read More