Friday, November 8, 2024

Legal Briefs

February 2008 Legal Briefs

  1. Replacing a Cashier’s Check Based on Declaration of Loss
  2. Basis for Charging “Unauthorized” Items to Customer’s Account
  3. Other Ways a Forged Signature is Not a Forgery

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December 2007 Legal Briefs

Discussion of Identity Theft Red Flags

  1. Developing Responses to Red Flags
  2. Suspicious Activity Reports & Privacy Exceptions
  3. Example of SAR Filing      
  4. Credit Report Alerts & Notices
  5. Suspicious Documents
  6. Suspicious Personal Identifying Information
  7. Unusual Use/Suspicious Activity on Account
  8. Notice of Identity Theft

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August 2007 Legal Briefs

Background on Subprime Mortgages

Interagency Guidance on Subprime Mortgages

  1. Statement’s Coverage
  2. What is “Subprime”?
  3. Substantial Risk Factors
  4. Balloon Payments?
  5. Consumer Protection Principles
  6. Underwriting Standards
  7. Control Systems 

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July 2007 Legal Briefs

  1. Consumer Loan Dollar Amounts Adjust on July 1
  2. Changes to Identity Theft Provisions
  3. All ATV’s Transferred After June 30, 2008 Require Titles & Liens
  4. How to Re-title a Mobile Home Merged Into the Real Estate
  5. Commissioner’s Bill Includes Several Miscellaneous Changes

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June 2007 Legal Briefs

Changes to Oklahoma’s Vulnerable Adult Abuse Reporting Provisions

  1. Financial Neglect; Exploitation
  2. Specific Duty to Report
  3. Avoiding Singling out Banks 
  4. Expanded DHS Powers

Illegal Immigration: How H.B. 1804 Affects Banks, Other Businesses

  1. Citizenship/Immigrant Verification
  2. Independent Contractor Verification
  3. “Harboring” Illegal Immigrants
  4. Restriction on Issuing ID’s
  5. Other Provisions
  6. Economic Costs

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April 2007 Legal Briefs

  1. Stale-Dated Checks: Should the Bank Pay Them or Not?
    1. What the Statute Says
    2. Bulk Filing
    3. Regulation CC Exception Hold
    4. Whether to Pay or Not?
    5. Some Possible Approaches
    6. When is an Old Check No Longer Good?
  2. Reasons for Returning Checks within the Midnight Deadline
    1. The Bulk Filing Issue
    2. Having a Valid Reason for Return
    3. Reasons Limited to the Midnight Deadline
    4. “Refer to Maker”; Kiting
    5. “Account Closed”
    6. Forged Checks
    7. Dummy or Counterfeit Checks

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March 2007 Legal Briefs

  1. Stop Payment Orders on Checks – Questions and Answers
  2. No Means of Stopping Payment on Cashier’s Checks
    1. Examples: When a bank would like to avoid paying a cashier’s check
    2. Is a customer’s “defense” against the payee a reason for not paying a cashier’s check?
    3. When does a bank have its own defense to paying a cashier’s check

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January 2007 Legal Briefs

  1. Recent Amendments to Health Savings Account Provisions
    1. HSA Contribution Amounts
    2. Reimbursing Medical Expenses
    3. Accumulating Tax-Advantaged Savings
    4. Full Deduction in First Year
    5. Transfer from IRA to HAS
  2. Index for 2006

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December 2006 Legal Briefs

Defense Authorization Act – Restrictions on Loans to Service Members and Their Dependents

  1. Background
  2. What Transactions are Covered?
  3. “Interest” Limited to 36%
  4. All Fees are “Interest”
  5. New Definition of “APR”
  6. No Lender Access to Bank Account
  7. No Renewal of Debt
  8. No Mandatory Arbitration
  9. Non-complying Contracts Void
  10. Criminal Provision
  11. What Persons are Covered?

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