Industry Reports | Alabama Bank News

Lender Liability: Can Enforcing the Terms of a Loan Agreement Be a Breach of Contract?

Board Briefs, Breaking, Industry Reports, Legal, Publications

by Michael Odom Can a bank be held liable for breach of contract for calling a loan after the maturity date, or where the note says it is payable on demand? Can a lender be held liable for refusing to make an advance under ...Read More

Compliance Q&A: HMDA and Construction Loan Reporting

Breaking, Compliance Q&A, Industry Reports, Publications

Question: For HMDA reporting, the purpose is to construct 45 additional apartment units but collateral is existing 68 unit apartment complex and land where borrower will build the additional units. The payment terms are 24 payments of interest only thru 3/15/21 then payments of P & ...Read More

Compliance Q&A: Allowing Customers to View Multiple Accounts Under One User Name

Compliance Q&A, Industry Reports, Publications

Question: What are the risks/concerns to the Bank if we allow a customer to view multiple accounts under the same log in in our Online Banking? The customer would have “View Only” access to these accounts. The accounts are a mix of Business accounts ...Read More

Supreme Court Update for Banking and Financial Services Professionals

Breaking, Industry Reports, Legal, Politics, Publications

by Charles W. Prueter In 2007, a bankruptcy and securities law professor at Harvard Law School proposed the creation of a new independent federal agency to enforce consumer financial protection statutes and regulations and generally to regulate the financial services sector. The professor’s proposal ...Read More

Building Success in Washington

Breaking, Industry Reports, Politics

by Rob Nichols, American Bankers Association of Alabama Between the end of September and the end of October—at the same time the House was beginning its impeachment inquiry—a remarkable thing happened. Representatives turned their attention to two different, pressing banking issues—cannabis banking and modernization ...Read More

Compliance Q&A: POS Transaction Dispute

Breaking, Compliance Q&A, Industry Reports, Publications

Question: If a consumer is disputing a POS transaction and it is not fraud (i.e. merchandise never received, service canceled and company debited account or any other reason than a fraud transaction), are we required under Reg. E to give provisional credit while we ...Read More

Supreme Court Update for Banking and Financial Services Professionals

Breaking, Industry Reports, Legal, Publications

by Charles W. Prueter, Waller The new Term kicks off at One First Street in Washington, D.C., next Monday morning. Last month, the Update previewed several of the cases on the Supreme Court’s docket, including a collection of three cases presenting the question of ...Read More

Compliance Q&A: Overdraft Protection

Breaking, Compliance Q&A, Industry Reports, Publications

Question: I’m being told we can opt people in for overdraft protection. Is that true? Answer: Reg. E sets out the requirements for providing customers with overdraft services for paying an ATM or a one-time debit card transaction. Under the Reg. E requirements, ...Read More

An Ounce of Prevention: How to Avoid Lien Extinguishment under Alabama’s Common Interest Community Super-Priority Lien Statute

Board Briefs, Breaking, Industry Reports, Legal, Publications

by R. Aaron Chastain and Christopher K. Friedman In 2014, the Nevada Supreme Court sent shockwaves through the mortgage lending industry when it held that a portion of a homeowners’ association (“HOA”) or condominium owners association’s (“COA”) statutory assessment lien had priority over a ...Read More

Supreme Court Update for Banking and Financial Services Professionals

Breaking, Industry Reports, Legal, Publications

by Charles W. Prueter, Waller For Alabama fans, there’s the third Saturday in October (unfortunately for Tennessee fans, the day is better known as One Especially Depressing Saturday in a Long Line of Depressing Saturdays), and for Supreme Court fans, there’s the first Monday ...Read More

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