NASCUS Video Channel
NASCUS has been monitoring developments in the litigation regarding state requirements that mortgage lenders pay at least 2% interest on escrow accounts associated with residential mortgages. The policy behind these laws is to prevent mortgage lenders from requiring excessive property tax escrow requirements. There are 13 states with such laws.
Those states are: CA/NY/CT/IA/ME/MD/MA/MN/NH/OR/RI/UT/WI.
At the heart of the litigation is whether the National Bank Act (NBA) preempts those state laws with respect to National Banks. If it is found to do so, state-chartered banks in those states would be left subject to the law, while national banks would not. Our interest of course is what, if any, implications there may be for credit unions and NCUA.
For background, we have pulled the relevant text from an excellent piece on SCOTUS Blog: https://www.scotusblog.com/2023/10/this-weeks-relists-preemption-of-consumer-protection-laws-bankruptcy-claims-covid-mandates-and-chevron-deference-again/
Oct. 24, 2023 — Please join us for an exclusive conversation with Brian Lauer from the Messick, Lauer, & Smith P.C. law firm. During this event, Brian will provide an in-depth analysis of the recently enacted rule and its implications on existing regulations. Additionally, Brian will delve into the advantages that this new rule offers to federally insured credit unions, enabling them to harness the potential of emerging technologies and opportunities in the financial technology sector. Attendees are encouraged to participate by asking questions.
2023 State System Summit/CUbroadcast Interviews (Click here to access more interviews)
(Videos are continuously being added.)
2023 Summit with Pierre Jay Winner Mike Williams (CO)
2023 Litigation Trends and Outlook (Feb. 16, 2023)
We will be joined by our friend, Fred Burnside (Davis Wright Tremaine LLP), to discuss updates in litigation within the financial services sector.
Including Overdraft Fee Litigation; Regulation E Cases; Zelle Litigation; Issues Related to ACH Fees; and much more.
This discussion covers the implications of the 5th Circuit Court of Appeals decision in Community Financial Services Association of America v. Consumer Financial Protection Bureau, ruling that the CFPB’s independent funding structure is unconstitutional with our friends from the Manatt, Phelps & Phillips law firm.
Fred Burnside reviews the arbitration clause issues, discussing overdraft litigation, representment litigation, ATM fee litigation, and other emerging issues. Fred also shares strategies for mitigating risk from these various actions and share thoughts on the public policy implications of these issues.
Lamont and Jeremy will provide an introduction to cryptocurrencies and digital assets, discuss the relationship of decentralized finance to traditional fiat currency and survey the current legal framework in the United States within which cryptocurrencies and digital assets continue to evolve.