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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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The Free Market Baffles Ohio Legislature

Posted on March 11, 2009
Last May, I wrote about the Ohio law that, the legislature intended, would put the screws to payday lenders in that state. The law limited payday loans to four short-term loans a year and capped annual interest rates at 28...


Not With A Bang, But With A Whimper

Posted on March 10, 2009
It's only two years late, but the National Association of Realtors President's confident prediction that Congress would enact a permanent ban on national banks exercising real estate brokerage powers "by the end of this year" has finally come to pass...


Belaboring The Obvious

Posted on March 09, 2009
Once more, unfortunately, it's time to repost this, from three years ago:It also states in my Disclaimer that "[n]othing on this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client...


A Brave New World

Posted on March 08, 2009
US Banker announces that for financial institutions, the "Age of Re-regulation is nigh." The news is unsurprising, given the regulatory failures that have been evident for some time, especially with respect to Wall Street institutions. Nevertheless, its advent has got...


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Fat Tail, Fat Chance

Posted on March 04, 2009


IndyMac: As Bad As It Gets

Posted on March 03, 2009


Chaz Schumer Does An About Face

Posted on March 02, 2009


TARP's A Tar Baby

Posted on March 01, 2009


Cramdown Pare-Down?

Posted on February 26, 2009


Bankruptcy Laterals Bringing In Big Bucks

Posted on February 25, 2009
Today's Law Blog touts the big bucks bankruptcy lawyers are pulling in. While big law is laying off corporate lawyers, bankruptcy is back in vogue and paying serious money to partners with skills and (we assume) portable business who can...


Good Banks-Bad Banks

Posted on February 24, 2009
Minnesota's senior (and until the Franken-Coleman contest is resolved, only) US Senator, Amy Klobuchar, stepped away from some of her more notorious bank-bashing brethren and wrote an editorial published in today's The Washington Post that offers the startling opinion that...


Under Their Thumb

Posted on February 23, 2009
This weekend, the talking heads on the Sunday morning news shows were in full bleat about how the federal government must "nationalize" (only temporarily, of course) some of the biggest, most troubled banks, in the manner of Sweden, so that...


Save The Economy, Screw The Poor

Posted on February 22, 2009
The Austin-Statesman points out one of the many unintended consequences of federal government's deft management of monetary policy: the diminishing funding for legal services for the poor.Rock-bottom interest rates, part of the Federal Reserve's attempt to prop up a crumbling...


Wilbur Ross: Home Loan Modification Program Falls Short

Posted on February 19, 2009
Bazllionaire Wilbur Ross, a man who's made a big play on mortgage servicing rights and who's waiting until the US government ":gets real" on the terms it offers to private investors before he jumps into the bailout of broken financial...


Texas Tarp Ad War Takes Its Toll

Posted on February 18, 2009
Last week, we discussed a nasty little public advertising campaign being waged by a couple of Texas banks that didn't take TARP CPP money against those who did. At the time, I thought that while most customers wouldn't be influenced...


Gosh Darn It, TARP Sucks

Posted on February 17, 2009
If you listened to the more politic utterances of big bank CEOs lately about TARP you might think that banking giants were in lockstep about their love for Big Government handouts. Luckily for those of us at Bank Lawyer's Blog,...


Regulators to Banks: We Want You To Lend, But...

Posted on February 16, 2009
Last month, real estate columnist Steve Brown shot off a nice little rant about how bank regulators were forcing banks to clamp down so hard on real estate lending that they were denying credit to good borrowers as well as...


Chipping Away At Preemption

Posted on February 15, 2009
A recent action that received little coverage (other than by BankThink) was the request by Consumers Union that The Treasury Department order the OCC to rescind its preemption regulation. Consumers Union is trying to win the case of Cuomo v....


Deep Thoughts, Vol. II

Posted on February 12, 2009
Last fall, theology professor R.R. Reno wrote a long blog piece at First Things that defended the federal government's bailout from the attacks of his more ideologically pure brethren on the right. Professor Reno recently came back with a follow...


What's Good For The Sharks Is Good For America

Posted on February 11, 2009
A couple of weeks ago, I said that I thought the plaintiffs' attorneys in the recently settled class action litigation against the Veterans Administration over the theft of a lap top computer would "make millions." Yesterday, The Washington Post reported...


Bizzaro Marketing 101

Posted on February 10, 2009
Is it so wrong to expect that FHA loan fraud detection ads that mimic Mystery Science Theater 3000 actually be amusing? I guess the old adage still applies: any publicity is good publicity.This YouTube marketing video was forwarded to me...


Colorado Gets Its Piece of Countrywide's Hide

Posted on February 09, 2009
Colorado Attorney General John Suthers, a Republican, held a press conference today to promote himself announce a settlement with every politician's favorite mortgage lending punching bag, Countrywide. The State of Colorado had sued Countrywide over its marketing practices of subprime...


Anti-TARP Marketing: Fair Or Unfair?

Posted on February 08, 2009
In the Dallas/Fort Worth "Metroplex," some banks are using the fact that they haven't taken TARP money and their competitors have as fodder for Texas-sized sniping.Rivalry between normally polite banks is getting down, dirty and very public with some using...


Blue-Eyed Soul Raps The Bailout

Posted on February 05, 2009
Reader Gregg Somervile, a stockbroker, sent me a link to his "rapumentary" ripping Hank Paulson. It may be a few months behind the curve at this point, but it remains hilarious. The line about Richard Fuld being the only guy...


Bank Lawyers' Advice About TARP: Don't Walk Away, Run!

Posted on February 04, 2009
A few days ago, we posted about the increasing number of community banks that had been approved for capital investments through the TARP CPP program, but that had decided to pass on taking the capital. Today, Law.com discussed one of...


No Good Deed Goes Unpunished

Posted on February 03, 2009
In thrall to their politically correct masters, those entities formerly known as Freddie Mac and Fannie Mae (now simply referred to as Mary-KateandAshley) have adopted consumer-friendly policies that may be at odds with their interest in not only self-preservation (although...


Drive-by Blogging

Posted on February 02, 2009
This has been a long, long day and there's a Shiner Bock with my name on it waiting in the icebox, so here are just a couple of "quick hits": I received an e-mail today from an attorney with a...


Bailing Out On The Bailout

Posted on February 01, 2009
Yesterday's The Wall Street Journal documented the most detailed evidence to date that many community banks who don't need the government's TARP money are backing away from participating in the Capital Purchase Program, primarily because their "fear of the unknown"...


Calling All Investors

Posted on January 29, 2009
The American Banker had an interesting article the other day (paid subscription required) about the private investors who the FDIC and other federal bank regulators are attempting to entice into making investments in banks and thrifts in need of cold,...


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