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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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Throwing Gas On The Fire

Posted on March 24, 2010
When you're a bank, it's hard to lend money when you have to hoard capital because the regulators keep forcing you to write down the value of your assets. While we've been focusing on commercial real estate loans and REO,...


More Barn Door Slamming

Posted on March 23, 2010
In the latest example of closing the barn door when there are no horses left inside, Comptroller of the Currency John Dugan announced that federal bank regulators are going to crack down on commercial real estate lending by commercial banks....


Too Big Not To Dismember

Posted on March 22, 2010
"Break 'em up!" That's what independent community banks are crying about the "too-big-to-fail" giant banks, and Jerry Walker, CEO of the Independent Bankers Association of New Mexic,o tells New Mexico Business Weekly reporter Dennis Domrzalski why. "This financial crisis started...


FDIC Assessments: Another Nail In The Coffin

Posted on March 21, 2010
A recent article in The New Mexico Business Weekly publicizes yet another way that federal bank regulators are beating up community banks: increased FDIC insurance assessments. The article focuses on a couple of specific examples, local community banks that saw...


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Wal-Mart's Revenge

Posted on March 18, 2010
Under the title "Wal-Mart Marches On," last November we profiled Wal-Mart's post-banking plan to capture retail financial services from traditional banks (and other financial service providers) through its partnerships with General Electric's Money Centers and Fiserv's CheckFreePay unit...


More States Bashing Big Banks

Posted on March 17, 2010
Last month, we reported about New Mexico's House of Representatives passing (unanimously) a bill that would have directed the state to move money from New Mexico branches of out-of-state banks to in-state banks. Although that legislation did not make it...


Bank of America's Post-Foreclosure Brain Freeze Immune To Global Warming

Posted on March 16, 2010
Sooner or later, Bank of America is going to have to get its "stuff" together. In the interim, we'll continue to marvel at its inability to keep its hands off other peoples' homes. After swiping a parrot named Luke, the...


Move Your Money? Maybe Mañana.

Posted on March 15, 2010
Arianna Huffington's "Move Your Money" campaign has, thus far, filled retail bank customers full to the brim with inertia. At least, that's the case in The Lone Star State. With big banks battling tarnished reputations and heightened scrutiny from Washington,...


Seriously Absurd

Posted on March 14, 2010
Our desire to push a proposal to permit community banks to use a 10-year amortization schedule for commercial real estate losses overrode our desire last Thursday evening to post the latest example of Bank of America's mistaken seizing of the...


More On 10-Year CRE Loss Amortization

Posted on March 11, 2010
My recent post that floated the idea for federal legislation that would permit community banks to amortize losses on commercial real estate and commercial real estate loans over a 10-year period, as opposed to current GAAP accounting rules that require...


Are Federal Thrifts Flipping Out?

Posted on March 10, 2010
Yesterday's American Banker had a front-page story (paid subscription required) that discussed how some large federal savings banks were flipping from an OTS to an OCC charter. Apparently, the uncertainty of what effect the proposed financial reform legislation, including proposals...


Andy Cuomo's Pinata Week

Posted on March 09, 2010
New York Attorney General Andrew Cuomo is a man who appears in many respects to want to follow in the footsteps of Eliot "Mess" Spitzer, only, he hopes, without tripping over a stray hooker. Like The Spitz, Andy is generating...


Time To Refloat Pandit's Trial Balloon?

Posted on March 08, 2010
About a year ago, Citibank CEO Vikram Pandit floated a trial balloon during Congressional testimony that turned out to be made of lead. Pandit suggested that one way to deal with toxic assets on the balance sheets of banks was...


FDIC's "Repudiation" Powers: Deja Vu All Over Again

Posted on March 07, 2010
As the FDIC continues to sing its favorite tune, "Another One Bites the Dust," listeners who do business with FDIC-insured banks and thrifts should become familiar with the repudiation powers of the FDIC in its capacity as the receiver of...


Non-Intersecting Parallel Universes

Posted on March 04, 2010
You listen to the remarks of Sheila Bair, Chris Cole and Doug Tippens this week at the National Association of Attorneys General Conference and you have to ask yourself whether these people occupy the same universe. Which one are you...


Bair to Bonderman: Howling Will Get You Nowhere

Posted on March 03, 2010
Last week, David Bonderman publicly complained that the FDIC was scaring off private equity from failed bank deals. Sheila Bair has heard what she refers to as "a lot of howling" about the FDIC's restrictions on private equity acquiring broken...


Freddie Mac's Originators Balking At Buybacks

Posted on March 01, 2010
A recent article in The American Banker (paid subscription required) focused on an unpleasant fact for Freddie Mac: when it pushes loan sellers to buy back loans, some of them tell Uncle Freddie to "take your loan and shove it,...


Fannie Mae Launches Loan Quality Initiative

Posted on February 28, 2010
We noted earlier this month that Fannie Mae and Freddie Mac were in "full put-back mode." Apparently, Fannie is feeling a tad defensive about the publicity that it's been receiving over this issue. It wants to assure interested parties that...


Bonderman To FDIC: You're Making A Bad Situation Worse

Posted on February 25, 2010
TPG Capital?s David Bonderman isn?t exactly a loquacious guy when it comes to public utterances, so when he drops a hot opinion in a public forum, it tends to be noticed. Today at a University of North Carolina conference, he...


Thining The Herd To Feed The Vultures

Posted on February 24, 2010
As a good friend of mine is fond of saying, "Everybody has an opinion and most of them should be left undiscovered." I thought of that observation today while listening to a teleseminar on distressed commercial real estate loan workouts....


The World According To TARP? No Mas!

Posted on February 23, 2010
When you hit the Maryland shore this summer, you'll find plenty of yummy soft shell crabs to eat. However, you won't find banks stumbling over each other to get at the latest iteration of TARP. I mean, what's the US...


The Flounder Defense

Posted on February 22, 2010
Although it appears on its face to be another fairly mundane breach of contract lawsuit, recent litigation commenced by a Medford, Oregon real estate developer against the FDIC as receiver of a failed Vancouver, Washington bank caught my eye because....


One Small Victory For The Little Guy

Posted on February 21, 2010
The recent victory of Advanta Bank over the FDIC in federal district court gives some small encouragement to those of us who hope that the Fifth Amendment isn't a dead letter when it comes to the federal banking agencies. According...


Banks? Average ROE Expected To Plummet? No Fake, It's Simple Financial Math

Posted on February 18, 2010
Another guest post by John M. Walker, Jr. He risks sounding rude, arrogant and condescending, which, if he does, would put him in good company. Housing Wire noted yesterday a report is to be issued by JPMorgan analysts who have...


Going Postal

Posted on February 17, 2010
Rick Martin at Housing Wire is a man after my own heart. Like me, he's tired of all of us looking for scapegoats to sacrifice and always finding that someone else is the goat. Like me, he's got nothing but...


Bank of America's Pathfinders Strike Again

Posted on February 16, 2010
At some point, you'd think the folks who seize foreclosed homes for Bank of America might want to employ a GPS device or, at the very least, consult a street map. Taking those simple precautions might save the bank from...


The FDIC Needs To Speak More Slowly

Posted on February 15, 2010
Readers have asked me if I had seen the now infamous video put out last week by a couple of a snark-meisters with a video camera and a ton of attitude, who hammered the FDIC's loss-sharing agreement with OneWest that...


Land of Enchantment Not Enchanted With Out-of-State Banks

Posted on February 14, 2010
Last week, the New Mexico House of Representatives voted 65-0 to enact a bill that would direct the state to move state funds to New Mexico-headquartered "community banks." Governor Bill Richardson said that he'll sign it if it makes it...


We Have Met The Enemy, And He Is Us

Posted on February 11, 2010
While I was going to post tonight about the Congressional Oversight panel's sudden discovery that commercial real estate threatens the community banking system, I'll get to that next week. Instead, I was sidetracked by some thoughtful e-mails I've received from...


The Ripple Effect

Posted on February 10, 2010
An excellent example of what happens to other participants in real estate loans (and in the projects that secure the loans) when the FDIC assumes the lead participant or sole lender role after it seizes a failed bank's assets has...


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