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HTMLFinancial Institution Cannot Assign Loans Based on Activities of Third Parties, Says Massachusetts Supreme Judicial Court
Zachary Atkins, Prentiss Willson; Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 26, 2015, previously published on February 25, 2015
The Massachusetts Supreme Judicial Court (SJC) refused to allow a taxpayer, a financial institution, to assign its loan portfolios based on the location of third-party loan servicing activities for purposes of calculating its financial institution excise tax property factor. The taxpayer earned...

 

HTMLWhat’s in Store for 2015 Regarding CFPB Regulations? Answer: enforcement.
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 30, 2015
In 2014, the new consumer mortgage rules made by the Consumer Financial Protection Bureau (“CFPB”) took effect. Generally, the CFPB implemented laws to protect consumers from negative actions by mortgage servicers and to provide consumers more transparency in working with servicers and...

 

HTMLUS Second Circuit Eases Banks’ Garnishment Burdens in Recent TRIA and FSIA Decisions
Mark G. Hanchet, Christopher J. Houpt; Mayer Brown LLP;
Legal Alert/Article
February 26, 2015, previously published on November 14, 2014
In recent years, banks have found themselves named as parties in their capacities as garnishees in enforcement litigation brought by judgment creditors of governments or entities that have been designated as terrorist parties. Two decisions from the US Court of Appeals for the Second Circuit spell...

 

HTMLNinth Circuit Rejects Challenge to Bonus Annuity
Eric A. Arnold, Tracey K. Ledbetter, Stephen E. Roth, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 26, 2015, previously published on February 26, 2015
The U.S. Court of Appeals for the Ninth Circuit has affirmed summary judgment for the insurer in a putative RICO class action relating to a bonus indexed annuity. Rejecting the plaintiff’s claims, the court held that the insurer had adequately disclosed and accurately described certain...

 

HTMLGuardianship Over the Person and their Financial Affairs
Timothy K. Spencer; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 22, 2015
An individual who is unable to take care of him or herself due to either infirmity or age requires a responsible guardian to oversee the personal and/or financial affairs of that individual. "A guardian is a person lawfully invested with the power, and charged with the duty, of taking care of...

 

HTMLVacant and Abandoned: Can Creditors Discard Personal Property Following a Foreclosure in Ohio?
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 27, 2015
Personal property is often left by the prior owner or a tenant following a foreclosure. Sometimes it is difficult to determine whether the personal property has been abandoned. I am often asked what must be done with the personal property left behind once the creditor takes possession of an...

 

HTMLU.S. Senate to Conduct Hearings Directly Affecting Community Banks and Credit Unions
Jon J. Lieberman; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on February 09, 2015
Senator Richard Shelby (R-AL), Chairman of the United States Senate Committee on Banking, Housing, and Urban Affairs, and Ranking Member Sherrod Brown (D-OH), will hold public hearings during the week of February 9, 2015 of great relevance to community banks and credit unions nationwide. The...

 

HTMLThe Importance of Consideration in Loan Guarantees
Rick L. Knuth; Jones, Waldo, Holbrook & McDonough A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on November 17, 2014
As do all contracts, the loan guaranty must be supported by consideration. "Consideration" is the benefit or the detriment to one or both parties that separates an enforceable contract from a mere casual agreement. Consideration is often recited in contracts, using some nominal amount,...

 

HTMLCooperative Bank Makes Large Donation to the NRECA International Foundation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 25, 2015, previously published on February 24, 2015
CoBank, a national cooperative bank, recently donated $250,000 to the National Rural Electric Cooperative (NRECA) International Foundation.

 

HTMLOFAC Issues Cuban Asset Control Regulations Focused on the U.S. Financial Sector
Curtis M. Dombek, J. Scott Maberry; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 22, 2015
On January 15, 2015, the Department of Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations to implement changes in U.S. policy toward Cuba announced by President Obama on December 17, 2014.

 


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