Thursday, February 2, 2023

Pauli Loeffler

January 2023 OBA Legal Briefs

Has your bank suddenly become a HMDA reporter? Minutiae matter Joint owners’ signatures on new joint accounts Has your bank suddenly become a HMDA reporter? By John S. Burnett A recent federal court decision has lowered the loan reporting threshold for closed-end mortgage loans under the Home Mortgage Disclosure Act-implementing Regulation C from 100 to 25 closed-end mortgage loans in …

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December 2022 OBA Legal Briefs

Insider Abuses Insider Abuses By Andy Zavoina Bert Lance. Many, or most of you will not know that name, but all of you know Regulation O. Briefly, this reg was implemented to prevent bank directors, executive officers, and principal shareholders from benefiting from favorable credit terms and treatment in a bank. This group we refer to as “insiders” is not …

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November 2022 OBA Legal Briefs

HMDA Changes Un-Changing? Defunding the CFPB New “Junk Fees” HMDA Changes Un-changing? By Andy Zavoina As a part of your Compliance Management Program, you should meet periodically with senior management and/or the board of directors and keep them informed of changes that are or may be coming down at you. This is especially the case as we approach budget talks. …

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October 2022 OBA Legal Briefs

Concerns about overdrafts and fees grow (Part 2) 2022 OK legislative changes A Reg O FAQ Concerns about overdrafts and fees grow — Part 2 By John S. Burnett In Part 1 of this article, I began a review of the FDIC’s August 18, 2022, “Supervisory Guidance on Multiple Re-Presentment NSF Fees,” issued with FIL-40-2022 (https://www.fdic.gov/news/financial-institution-letters/2022/fil22040.html). I ended Part 1 …

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September 2022 OBA Legal Briefs

Concerns about overdrafts and fees grow (Part 1) Repossessions and the SCRA Concerns about overdrafts and fees grow — Part 1 By John S. Burnett Regulators have run hot and cold on the topics of overdraft programs and associated fees for well over a decade. A few landmark issuances along that rocky road were: The 2005 Interagency Joint Guidance on …

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August 2022 OBA Legal Briefs

COVID coughs up and update FCRA is on the front burner COVID coughs up an update by Andy Zavoina Perhaps your staff is all back in the bank, some are travelling for summer vacation, masks are seen sparsely, and COVID-19 seems to be something viewed only in the rearview mirror. But that does not mean the pandemic is over, or …

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July 2022 OBA Legal Briefs

What’s new with Reg B? – A Lot! Electronic liens What’s new with Reg B? – A lot! by Andy Zavoina In a world where Reg B has essentially been around since 1974 when Congress passed the Equal Credit Opportunity, after all these years there can’t be much new to it – right? WRONG! While it has not changed recently, …

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June 2022 OBA Legal Briefs

Please help us to help you (Part 2) Oklahoma Mini-TCPA Tit. 47 O.S. § 1110 (Perfection of Security Interest) Tit. 47 O.S. § 427A/§ 1105A (Electronic filing, etc., of Titles) – REVISED Changes in UCCC amounts effective 7/1/22 Please help us to help you (Part 2) by Andy Zavoina Last month, Pauli asked you to include certain information in your …

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May 2022 OBA Legal Briefs

Please help us help you Lender credits on the TRID closing disclosure MLA and GAP Overdraft fees are not interest Please help us help you By Pauli D. Loeffler You may have missed the notice on the Oklahoma Bankers Association’s webpage regarding issues the OBA Legal and Compliance team is experiencing with emails sent to us. Regardless of the fact …

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April 2022 OBA Legal Briefs

Nacha warranties and old unauthorized ACH debits P2P complaints Fair banking Nacha warranties and old unauthorized ACH debits By John S. Burnett Your bank just wrapped up its investigation of a consumer’s Regulation E claim involving a series of unauthorized ACH debits made by a gymnasium. Your customer, Sam, got a notice that the gym was being closed “temporarily” on …

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