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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

Glass-Steagall: Buh-Bye!

Posted on September 22, 2008
My initial reaction to the news that Goldman Sachs and Morgan Stanley are becoming bank holding companies mirrors the initial thoughts of The New York Times (perish the thought!). the leverage ratios of both investment banks will be drastically reduced,...

The Best And The Brightest

Posted on September 22, 2008
The night before I left to cover the Iraq war I got drunk with another friend, who works in TV news. We were talking about how--as an approach to national security--invading Iraq was...different. I'd moved my family from Washington to...

Beneath The Bloviation

Posted on September 21, 2008
While the blogosphere bloviates breathlessly about the U.S. Treasury Department's blatant grab for unbridled power, the likes of which has not seen since Julius Caesar crossed the Rubicon, some bank law nerds have been diverted by more mundane aspects of...

Any Hope for Hope for Homeowners?

Posted on September 18, 2008
There are only two weeks to go until the event we've all been waiting for hits the mortgage world like Ike (the hurricane, not the dead president): The Hope for Homeowners Program. At yesterday's hearing before the House Financial Services...

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Learning A New Trade

Posted on September 17, 2008
Experienced bankruptcy attorneys must be rolling their eyes at this news from Market Watch. [Monday's] financial meltdown on Wall Street and the unprecedented bankruptcy filing of Lehman Brothers has had a ripple effect in the Continuing Legal Education arena...

Incentives? What Incentives?

Posted on September 16, 2008
Depending on which way you roll with respect to our banking system, you may think US banks are the tools of Satan or are God's gift to"person-kind." Or, as some of you apparently do, you may think that they're simply...

The Silver Lining

Posted on September 15, 2008
As those of us dumb enough to have money invested in stocks and/or stock mutual funds watch Wall Street lemmings swim out to sea to drown, other investors believe the time is right to start cherry-picking whatever flesh remains on...

Bank's Confidential Info "eBayed"

Posted on September 14, 2008
It's one thing for Gov. Palin to try to sell the Alaskan state government's jet on E-Bay. It's quite another thing for your run-of-the-mill bank vendor to sell your personal information (including your banking information) through the same service. An...

Businesses Blow Off Information Security Breaches?

Posted on September 11, 2008
The Wall Street Journal's Business Technology blog had an eye-opening post the other day about the rapid pace of data breaches, and, more surprising, the alleged reason for the increase in breaches. U.S. businesses reached an ignominious milestone in August,...

Bank Run Counterattack

Posted on September 10, 2008
You have to hand it to The Onion. When the going gets tough, the tough go weird. Protecting Our Banks The Federal Deposit Insurance Corporation, the body that insures bank deposits up to $100,000, has raised the number of "troubled...

The Good, the Bad, and the Risky

Posted on September 09, 2008
An article in The Wall Street Journal (paid subscription required) last month prompted some inquiries about the good bank-bad bank strategy from the good old-bad old days of the 1980s. James Dierberg, the 71-year-old chairman of First Banks Inc., is....

Wamu Settles Appraiser "Blacklist" Suit

Posted on September 08, 2008
In January, California appraiser Jeniffer Wertz sued Washington Mutual, alleging that she was removed from Wamu's "preferred appraisers" list, allegedly because she refused to knuckle under to a Wamu sales manager's demand that she change a neighborhood value classification on...

The Bozo Factor

Posted on June 12, 2008
Twenty plus years ago, I had been recruited by a large law firm as a lateral hire. At my first quarterly firm dinner, I was sitting next to an especially acerbic fellow lateral hire (and, therefore, one of my favorite...

HUD Resumes Fight To Delete DAP

Posted on June 10, 2008
After carefully considering an adverse ruling by a federal district court judge over its failure to follow the procedures mandated by the Administrative Procedures Act, HUD has decided to thank the judge for outlining the course of action it now...

Remote Deposit Capture: Is Fraud Risk Remote?

Posted on June 09, 2008
Over the past year, we've discussed the risks involved in remote deposit capture (most recently here) and that financial institution regulators expect banks that offer RDC to customers to examine, underwrite, and educate customers who use this service, in order...

Mike Bloomberg: Modern Day Beau Brummell

Posted on June 08, 2008
When we last spied on stalked sent eight dozen long-stemmed red roses to discussed former New York Banking Superintendent Diana Taylor, her wounds had healed from having been gut shot by the NRA when she was proposed as the Chairman...

The Big 4 and Subprime: Pawprints Everywhere, But Not A Big Game Hunter In Sight

Posted on June 04, 2008
Much ink has been spilled over the last few days about the settlement between the rating agencies and NY AG Andy ("Little Eliot") Cuomo. Francine McKenna of re: The Auditors asks "When Will They Call CR On Auditors Too?" By...

An Accord Of Skepticism

Posted on June 03, 2008
It may be time to pull out the figure skates and do a "Hamill camel" in Hell: the editorial boards of The Washington Post and The Wall Street Journal agree on legislative policy. Well, not really, but at least they...

A Steeper Yield Curve May Not Matter

Posted on June 02, 2008
The problem with public prognostications, especially by economists, is that some jerk memorializes the predictions and then waits a couple of years to remind everyone that the crystal ball must have been on the blink. In January 2006, the Mortgage...

The Limits of Literacy

Posted on June 01, 2008
Recently, John Carey at Dealbreaker raised a subject that I also raised a few years ago and that, at the time, engendered some spittle-spewing outrage on some consumer financial advocacy blogs and message boards: the financial illiteracy of most Americans...

Stubby, We Hardly Knew Ye

Posted on May 30, 2008
Luke Mullins of The Home Front tells the tragic tale of another victim of the foreclosure crisis that continues to plague this country like, well, a swarm of killer bees. The national foreclosure crisis has slashed home values, put families...

A Pause For Quite Reflection

Posted on May 29, 2008
As I scramble to quench fires set by flamers engaged in tense negotiations over a technology outsourcing agreement and another situation that demands repeated redrafts and a cast iron gluteus maximus, I did want to pass along a couple of...

An Elephant Stampede

Posted on May 28, 2008
Two and one-half years ago, we were talking about an "elephant in the room" for the mortgage banking business: loan repurchase obligations. In November 2005, the problem was primarily with respect to subprime mortgage loans. Today, according to The Wall...

We're All Doomed

Posted on May 27, 2008
Last November we asked, "Will The Be A Bank Implode-O-Meter?" In January, we received our answer and it was "Yes." If you haven't checked it out, you should do so. Although commercial and investment bank failures haven't exactly skyrocketed and...

LendingTree Sued Over Security Breach

Posted on May 26, 2008
The security breach at LendingTree that allowed former employees to help other mortgage lenders gain access to mortgage application information, which we discussed last month, has given rise to what may become a class action lawsuit against LendingTree...

Own To Rent

Posted on May 22, 2008
When the going gets weird, the weird turn pro. ---Hunter S. Thompson Whenever pressure is applied to fragile minds, those minds tend to bend. The latest example of an idea that demands a reply of "get bent" is "Own To...

Staying "Bought"

Posted on May 21, 2008
It's amusing to watch Senators Dodd and Shelby tout their special interest bailout plan as a clever means to get maybe half a million borrowers (and perhaps their lenders, even after the required "haircut," some relief from having to suffer...

Everything Old Is New Again

Posted on May 20, 2008
FDIC Chairman Sheila Bair may have inadvertently displayed her lack of experience in the area in which she's supposed to be an expert by making a big deal last Friday about the use of brokered deposits to fuel rapid growth...

Ohio (Effectively) Bans Payday Lending

Posted on May 19, 2008
Why are these men celebrating? We'll explain. Notwithstanding heavy-handed opposition from some corners of the payday lending industry, the Ohio legislature passed a bill that will, for all practical purposes, put payday lenders out of business in Ohio...

The Perfect Fit

Posted on May 18, 2008
An excellent example of the proof of The Peter Principle: Former Ohio Attorney General Marc Dann spent his first day after resigning helping his wife with her business selling dishes online. Dann's attorney Mike Harshman says Dann helped his wife,...

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