News & Analysis as of

Loan Origination Funds Federal Deposit Insurance Corporation

Orrick, Herrington & Sutcliffe LLP

Agencies remind banks of HMDA reporting changes on closed-end mortgages

On February 1, the OCC reminded banks and OCC examiners that the loan origination threshold for reporting HMDA data on closed-end mortgages has changed due to a court decision issued last year, which addressed challenges made...more

Ballard Spahr LLP

Seven states and D.C. file lawsuit challenging FDIC “Madden fix” rule

Ballard Spahr LLP on

Three weeks after California, Illinois and New York sued the Office of the Comptroller of the Currency (OCC) to enjoin its final rule purporting to override the Second Circuit’s Madden decision as to national banks and...more

Ballard Spahr LLP

Colorado Settlement Provides a Possible Path Forward for Certain Bank-Fintech Online Lending Partnerships

Ballard Spahr LLP on

We have previously blogged about the lawsuits filed by the Colorado Attorney General against fintechs Avant and Marlette Funding and their partner banks WebBank and Cross River Bank. These lawsuits challenged on Madden and...more

Dechert LLP

Federal Regulators to the Rescue? The OCC and FDIC Propose Rules to Address Madden Risk.

Dechert LLP on

With the hope of finally addressing the uncertainty created by the U.S. Second Circuit Court of Appeal’s holding in Madden v. Midland Funding,1 the Office of the Comptroller of the Currency (OCC) and the Federal Deposit...more

Hudson Cook, LLP

True Lender Developments: Litigation and State Regulatory Actions

Hudson Cook, LLP on

Bank partnership lending programs have existed for years and have played a significant role in the growth of the online lending industry and the fintech sector. In a bank partnership lending program, a non-bank partner...more

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