Breaking Archive

by Alan Deer, Bradley From 2000 to 2007—the seven years leading up to the recent financial crisis—the FDIC received more than 1,600 applications for deposit insurance, an average of more than 200 per year. More than 1,000 new banks ultimately were formed over this ...Read More

Question: HELOCs and escrow for flood–are they always exempt even if in 1st position? Answer: Yes, that’s correct–there’s a specific exemption for HELOCs in and of themselves: 339.5   Escrow requirement. (a) In general—(1) Applicability. Except as provided in paragraphs (a)(2) or (c) of this section, an ...Read More

Question: I pulled a flood certification in which there is one parcel of land but multiple, nonresidential buildings on that piece of land. The provider did not include a schedule of the buildings. All the buildings are in a flood zone, and the provider ...Read More

A recent state Supreme Court ruling could potentially spell disaster for real estate lending in Alabama. In late September, the Court ruled that a future-advance mortgage does not create a mortgage lien until some indebtedness is incurred under the mortgage, rather than when the ...Read More

by Elena A. Lovoy, McGlinchey Stafford As the leaves begin to change colors and football games fill our calendars, it remains business as usual (or unusual) in residential mortgage lending. Two interesting developments shed light on how far a court may be willing to ...Read More

Question: For the Reg. DD – “indoor signs” exception in Section 1030.8(e)(2), I see that indoor signs are exempt from: permissible rates, when additional disclosures are required, bonuses, and certain media exemptions. My question is whether “when additional disclosures are required” includes, for example, an ...Read More

by James H. White, III Author’s note: The following is a memorandum from an investment bank to a hypothetical bank client faced with the possibility of a dissent and appraisal action in connection with a sale of the bank. Confidential Memorandum To: Community Banker ...Read More