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Non-Bank Lenders Financial Services Industry Assignees

Ballard Spahr LLP

OCC and FDIC issue proposed rules to undo Madden

Ballard Spahr LLP on

The OCC and FDIC issued proposed rules this week intended to eliminate the uncertainty created by the Second Circuit’s decision in Madden v. Midland Funding.  In that decision, the Second Circuit held that a nonbank that...more

Ballard Spahr LLP

OCC and FDIC file joint amicus brief urging Colorado federal district court to reject Madden

Ballard Spahr LLP on

The OCC and FDIC have filed a joint amicus brief in a Colorado federal district court arguing that the court should affirm the decision of a bankruptcy court holding that a non-bank loan assignee could charge the same...more

Troutman Pepper

Update on Madden v. Midland: Cert. Decision Expected Soon

Troutman Pepper on

The certiorari petition asks the court to address whether the National Bank Act continues to have preemptive effect after the national bank has sold or otherwise assigned a loan to another entity. In a petition for a...more

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