News & Analysis as of

Penalties Loans

Sheppard Mullin Richter & Hampton LLP

Washington State Passes New “True Lender” Legislation

On March 25, Washington State became the latest in a growing list of jurisdictions to introduce a “true lender” law with the passing of bill SB 6025. The legislation, similar to laws in other states would characterize a...more

Ward and Smith, P.A.

What the "Biggest Holiday Inn in the World" Can Teach Us About Default Interest in Bankruptcy

Ward and Smith, P.A. on

When a borrower triggers a monetary default under a loan by failing to make required payments, most loan documents allow the lender to accelerate the loan and invoke a default interest rate and penalties....more

A&O Shearman

A penalty for your thoughts: default interest rate found to be penal

A&O Shearman on

The High Court has found a clause that imposed default interest of 4% per month on a defaulting party to be a penalty and therefore unenforceable....more

Shipkevich PLLC

CFPB Continues to Target Consumer Lending Activity, Imposes $20 Million Penalty

Shipkevich PLLC on

On May 31, 2023, the Consumer Financial Protection Bureau (CFPB) took decisive action against installment lender OneMain Financial, demanding the payment of $20 million in penalties and redress. In the consent order, the...more

King & Spalding

U.S. Commerce Department Launches First CHIPS for America Funding Opportunity

King & Spalding on

Applications For Leading Edge Commercial Fabrication Facilities And For Current-Generation Facilities Accepted Beginning March 31, 2023 And June 26, 2023, Respectively - On August 9, 2022, President Joseph R. Biden signed...more

Rivkin Radler LLP

NYS Offers Forbearance to Borrowers, NYC Allows Penalty Waivers

Rivkin Radler LLP on

On March 21, 2020, Governor Cuomo issued Executive Order 202.9, which is in effect through April 20, 2020. The order provides financial relief to consumers and businesses with outstanding bank loans....more

Saul Ewing Arnstein & Lehr LLP

U.S. District Court Decision Court Treats Physician Loans as W-2 Income Rather Than Bona Fide Debt

A recent federal court decision illustrates how “loan” arrangements between physicians and their employers, if not properly structured, may be treated as the payment of taxable compensation and the employers may be hit with...more

Dechert LLP

U.S. Consumer Financial Protection Bureau Issues Rules on Qualified Mortgages and Ability to Repay

Dechert LLP on

Congress in the Dodd-Frank Act responded to concerns about the quality of mortgage loans by establishing incentives for lenders to seek to ensure that borrowers had the ability to repay mortgage loans made to them. In...more

Foley & Lardner LLP

Final Rule Issued on Ability-to-Repay/Qualified Mortgages

Foley & Lardner LLP on

The Consumer Financial Protection Bureau (CFPB) issued its final ability to repay rule (Rule) on January 10, 2013. The Rule implements ability-to-repay provisions of the Dodd-Frank Act, which imposed strict underwriting...more

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