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Bank Law Monitor

A legal blog for the financial services industry

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Oh HEL(OC) no: Washington Supreme Court Curtails Non-Judicial Foreclosures of HELOCs
Washington lenders have long relied on non-judicial trustee sales as the primary (and less expensive) mechanism for resolving defaulted home loans. For decades, courts and lenders considered home equity lines of credit (HELOCs) secured by deeds of tr...
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A Ba(n)ker’s Dozen: Ending the De Novo Drought in Oregon
Thirteen … Oregon has only 13 state-chartered banks left (soon to be 12). In fact, the last bank formed in Oregon was in 2007. Recognizing this drought, Oregon is making big moves to change that. Last week, Oregon passed a historic bill to incentiv...
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Crypto Kindergarten: A Crash Course In Digital Assets
You are not alone if you like things explained to you like you are a five-year old, especially puzzling things like cryptocurrency, stablecoins, and tokenized deposits. Before crypto class begins, let us get our words straight: Cryptocurrency, stab...
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A Dummy’s Guide to the GENIUS Act (and Stablecoins)
It is the new buzz word: stablecoin. What is it, and why should you care? Here is a rundown of what you should know: The GENIUS Act.  In July, President Trump signed the GENIUS Act into law. The Act creates a federal regulatory framework for s...
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Article 12 – Perfection of Security Interests in Controllable Electronic Records
It is well established how to perfect a security interest on general intangibles under Article 9 of the Uniform Commercial Code: filing a financing statement. But is there a better way for a secured party who wants to stay in first position on assets...
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Regulatory Update: Final Rule on Courtesy Overdraft Services
The Consumer Financial Protection Bureau (CFPB) has finalized its proposed rule that aims to close what CFPB Director Rohit Chopra has characterized as a “loophole” from certain consumer financial protection laws.
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