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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

National Bank Preemption About To Take A Body Blow?

Posted on May 10, 2010
Back at the start of last year, when discussing the Cuomo v. Clearing House Corporation case (I expected the OCC to win, which was a bad call that surprised more than merely me), I had a feeling that those of...

CRE "Forbearance" Bill Introduced

Posted on May 10, 2010
Notwithstanding the view of at least one of my readers that community banks who are in trouble because of commercial real estate lending have only their own poor judgment and greed to blame, others (including me) continue to think that...

Surprisingly Unsurprising

Posted on May 09, 2010
We've discussed (most recently here) incidents that demonstrate how expensive to banks data security breaches can be. Lawyer and law technology columnist Eric Sinrod cited a recent study conducted by The Ponemon Institute and co-sponsored by PGP Corporation that, says...

Pro Bono Not a Go-Go But a No-No

Posted on May 06, 2010
It's been over six months since I last ran this type of post, and another installment is long overdue. I suppose I could run it daily as part of every post and still expect deadbeats to besiege me. Yet, hope...

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A Dent and Scratch Sale With an Equity Kicker

Posted on May 05, 2010
Reporter J. Scott Trubey of the Atlanta Business Chronicle thinks that recent deals in Georgia "could prove to be a model path to health for larger struggling community lenders across the nation." The deal, "essentially a play on the 'bad...

Another Big Fish That Got Away

Posted on May 04, 2010
When we last looked in on former HUD Secretary Alphonso Jackson, he had resigned under a cloud of suspicion following the launching of an FBI investigation into allegations that he revoked a HUD contract to a contractor who said that...

The Road To Perdition

Posted on May 03, 2010
Three weeks ago, we discussed a proposed Colorado law that would effectively shut down payday lending in that state. At that time, the bill had made it out of a House committee on a purely partisan vote. Since then, a...

Big Game Hunting With A Pea-Shooter

Posted on May 02, 2010
A reader asked me what I thought of the potential damage to Sheila Bair that might be caused by recent allegations by House Republican Rep. Darrell Issa of California that she may have ordered the FDIC to "ease up" on...

An Old Pro Gets Back In The Game

Posted on April 29, 2010
Today's announcement that Texas investor Gerald J. Ford was pumping a half-billion dollars into troubled Pacific Capital Bank was interesting on a number of levels. First, it means that Ford's group grew tired of trying to break back into banking...

Au Contraire, Mon Fr�re

Posted on April 28, 2010
Last night's post generated a forceful dissent from Robert L. Viering, a Principal of River Point Group in Monticello, Minnesota. Bob's a former community banker and current community bank consultant who disagreed with what he thought was my too-lenient attitude...

It's The Same Old Song

Posted on April 27, 2010
Fox Business News ran a decent article (as hard as that may be for some left-leaning readers to believe) by Darryl R. Isherwood not long ago on community and regional banks and their commercial real estate loan problems. It supports...

Big Auditing Firms Rocked By Repurchase Risk

Posted on April 26, 2010
A couple of weeks ago, we mentioned that blogger Francine McKenna of re:The Auditors has been on the case of the nation's largest accounting firms about their failure to properly catch and force clients to disclose a major risk of...

Bad Luck Or Just Deserts?

Posted on April 25, 2010
If a bank is going to try sending a "tricky" notice to customers that can be logically interpreted as trying to get them to do something that will line the bank's pockets while emptying the customers' pockets, the last thing...

Internecine Warfare

Posted on April 22, 2010
While most of the focus of the mainstream press has been on bashing Big Bad Banks, especially in light of today's clobbering of Wall Street "banks" by "The One," behind the scenes a bitter war has been waged between the...

We Interrupt This Program

Posted on April 21, 2010
We don't usually do public service announcements on Bank Lawyer's Blog, but Carol Kaplan of the American Bankers Association was so nice about her request that we couldn't refuse. The ABA is looking for "lost bankers" in order to hold...

Adaptation = $$$

Posted on April 20, 2010
Although many community bankers bemoan the write downs and loss reserves that have resulted from a cratered economy and zealous regulators trashing commercial real estate, some folks outside the baking industry think that banks haven't been beaten up enough on...

Community Banks Get A Bi-partisan Boost In Colorado

Posted on April 19, 2010
The push to craft federal legislation to allow privately-owned community banks to write off commercial real estate loan losses over a ten-year period got an apparent shot in the arm in Colorado. Democratic Rep. Ed Perlmutter and Republican Rep. Mike....

In The Banking Biz, Everyone's Rodney Dangerfield

Posted on April 18, 2010
I get no respect. The way my luck is running, if I was a politician I would be honest. --Rodney Dangerfield Whether you're a banker or a bank regulator, college students across the country have made it clear: we don't...

Better Late Than Never

Posted on April 15, 2010
According to The Financial Times, Wall Street analysts are warning investors to start paying attention to a risk that we started yakking about five years ago: mortgage loan repurchase risk. FT journalist Tracy Alloway quotes Barclays Capital US analyst Jason...

Why Can't We All Just Get Along?

Posted on April 14, 2010
Jeff Gerth at ProPublica discusses something in an article he posted today about which those of us who deal with federal bank regulatory agencies are all too well aware: regulators with overlapping jurisdictions spend as much (or perhaps more) time...

The Rich (And The Quick) Get Richer

Posted on April 13, 2010
A recent article by Miami Herald staff writer Martha Brannigan captured some interesting human interest angles on a few of the private equity players who are buying failed banks from the FDIC, particularly those in Florida and Georgia, two states...

The Truth Commission Slogs On

Posted on April 12, 2010
Recent testimony before the Financial Crisis Inquiry Commission has provided listeners and readers with ample examples of finger-pointing and avoidance of responsibility. While cynics might find much to amuse themselves, and partisans with axes to grind much fodder to bolster...

Politicians: No Matter What The Issue, Unfailingly Wrong

Posted on April 11, 2010
In these days of economic peril, when unemployment is high and credit is as scarce as it is critical, what can we count on our elected officials to do? You guessed it: destroy jobs and limit access to credit by...

Linkage

Posted on April 07, 2010
I'm traveling the rest of the week, including to Austin to give a presentation to the Financial Institutions Section of the Austin Bar Association on Thursday with a partner of mine in Bank Business Advisors, John Walker (no, not the...

WSJ: TARP Tax On Thin Ice?

Posted on April 06, 2010
Michael Corkery at the Wall Street Journal's Deal Blog points out something that bank haters seem to overlook: the overwhelming majority of TARP capital that was invested in banks has been paid back or will be paid back, and has...

More Evidence Of An Ag Credit Squeeze

Posted on April 05, 2010
It appears that the plan of the FDIC to crack down on agricultural lending is having an immediate impact, at precisely the worse time for farmers. Rural banks and credit unions, hit by the financial crisis and stiffer credit regulations,...

Maryland Community Banks Don't Want Special Favors

Posted on April 04, 2010
Remember the bill proposed by a Maryland legislator that we discussed last month that would give state-chartered Maryland banks a 10% edge in bidding for contracts from the state government? At least one Maryland bank trade association and some individual...

A Mile High And Right On The Money

Posted on April 01, 2010
Newly appointed Colorado Banking Commissioner Steve Strunk has spent over 36 years being an actual banker, which is about 36 more years of banking experience than that possessed by--oh--say--Sheila Bair, for example. Despite that handicap, it appears that Steve might...

Spreading The Love

Posted on March 31, 2010
While I was out galavanting about the better part of three states over the past week, I received some eye-opening e-mail. A correspondent wrote to let me know that when it comes to dysfunctional regulators and self-fulfilling prophecies, community banks...

Yakking For Fun and Profit

Posted on March 25, 2010
When I declined to give away my knowledge of FDIC loss-sharing agreements for free last month, that refusal so enraged a Gen Y reader who'd stumbled across this blog while Googling the phrase "doing the math on FDIC loss-sharing agreements"...

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