12 C.F.R. §560.2 - [Removed]
| Cite as | 12 C.F.R. §560.2 |
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477 cases
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State Farm Bank, F.S.B. v. Burke, No. 3:05CV808 (JBA).
...to the extent provided in § 557.13. State law includes any statute, regulation, ruling, order, or judicial decision.");3 see also 12 C.F.R. § 560.2(a) (providing that OTS occupies the field of regulation of lending activities of federal savings associations)4 OTS regulations expressly provi......
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Powell v. Huntington Nat'l Bank, CIVIL ACTION NO. 2:13–cv–32179
...‘[l]oan-related fees, including ... initial charges, late charges, prepayment penalties, servicing fees, and overlimit fees") (quoting 12 C.F.R. § 560.2(b)(5) ). The decision to apply a borrower's payment to a previous month when that borrower failed to pay the prior month's installment pay......
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Akopyan v. Wells Fargo Home Mortg., Inc., B236455
...95 Cal.App.4th at pp. 614-615, citing 12 U.S.C. § 1464(a).) In 1996, the OTS adopted its now-superseded lending preemption regulation (12 C.F.R. § 560.2), which is at issue in this case.10 (61 Fed.Reg. 50952 (Sept. 30, 1996).) In paragraph (a) of the regulation, the OTS announced its intent......
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Newsom v. Countrywide Home Loans Inc. Dba America's Wholesale Lender, Case No.: C 09-5288 SBA.
...state law. Fid. Fed. Sav. & Loan, Ass'n v. de la Cuesta, 458 U.S. 141, 160, 102 S.Ct. 3014, 73 L.Ed.2d 664 (1982). In particular, 12 C.F.R. § 560.2 provides that federal law “occupies the entire field of lending regulation for federal savings associations.” The effect of this express preemp......
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11 firm's commentaries
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Real Estate News Alert - Volume 19, Number 1 - September 2008
...are inapplicable to federMain Article Volume 19, Number 1 © 2008 Thomson Reuters/West 13 al associations under the operation of 12 C.F.R. § 560.2, which expressly “occupies the field” and preempts state law as applied to federal savings associations in a broad variety of categories.68 The......
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Dodd-Frank News - May 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Update
...Because “Congress did not direct such retroactive application in the Dodd– Frank Act[,]” and the former implementing regulation in 12 C.F.R. § 560.2 was in effect when the loan contract at issue was entered into, the court analyzed Plaintiff ’s claims under 12 C.F.R. § 560.2. With respect t......
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Burr Alert: Preemption Of State Consumer Protection Laws Under The Dodd-Frank Act
...the loan at issue, and, therefore, several of borrower’s claims under DC Consumer Protection Procedures Act were preempted by HOLA, 12 C.F.R. § 560.2); Sovereign Bank v. Sturgis, 863 F. Supp. 2d 75, 92 (D. Mass. 2012) (because Dodd-Frank Act does not apply retroactively, claims against fede......
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Dodd-Frank News: July 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Update
...the claim, arguing that it was preempted by HOLA and the Office of Thrift Supervision’s pre-Dodd-Frank regulation governing preemption, 12 C.F.R. § 560.2. In response, Plaintiffs argued the Dodd-Frank Act preemption amendments precluded a finding of preemption. Id. Addressing Plaintiffs’ ar......
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3 books & journal articles
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Credit Reform and the States: The Vital Role of Attorneys General After Dodd-Frank
...an incidental effect on the federal depository. See Lending and Investment, 61 Fed. Reg. 50,951, 50,972 (Sept. 30, 1996) (codified at 12 C.F.R. § 560.2(c)) (OTS); Bank Activities and Operations, 69 Fed. Reg. 1904, 1917 (Jan. 13, 2004) (codified at 12 C.F.R. §§ 7.4007(c), 7.4008(e)) (OCC). H......
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Exorcising McCulloch: the conflict-ridden history of American banking nationalism and Dodd-Frank preemption.
...list [of preempted state laws] is also substantially identical to the types of laws specified in a comparable regulation of the OTS. See 12 CFR 560.2(b)."). (291) 12 C.F.R. [degrees] 560.2(a) (292) In Fidelity Federal Savings & Loan Ass'n v. de la Cuesta, the Court suggested that it wou......
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Vol. 28, No. 5 #9 (October 2005). Predatory Lending: The Hidden Scourge of the Housing Boom.
...Association of Attorneys General to the Office of Comptroller of the Currency, October 6, 2003, available at http://www.naag.org. 29 12 C.F.R. 560.2. 30 12 C.F.R. 31 Guidelines for National Banks to Guard Against Predatory and Abusive Lending Practices, OCC Advisory Letter AL 2003-1, availa......