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Bank of America v. Pengwin
Mortgages recorded before necessaries lien arises aren't extinguished and take priority if they remain unpaid after lien is perfected.
Banking Jun. 19, 2000
FTC v. Mt. Olympus Financial L.L.C.
Order
Banking May 2, 2000
U.S. v. King
Defendant is not entitled to reduction in sentence where he completed all steps he believed necessary to commit bank fraud.
Banking Mar. 30, 2000
First National Insurance Co. v. Federal Deposit Insurance Corp.
Federal Deposit Insurance Corporation, as receiver for bank, doesn't need independent counsel to represent receivership estate.
Banking Feb. 8, 2000
Battista v. Federal Deposit Insurance Corp.
Judgment creditors, enforcing judgment after their contract was repudiated under Financial Institutions Reform, Recovery and Enforcement Act, aren't entitled to cash payment.
Banking Feb. 4, 2000
Peatros v. Bank of America NT & SA
Federal banking act preempts the state's Fair Employment Housing Act to the extent the laws conflict.
Banking Feb. 3, 2000
Wells Fargo Bank v. Arizona Laborers
Pursuant to triparty agreement, bank has no duty to disclose land developer's financial information to party financing development project.
Banking Jan. 19, 2000
ALLTEL Information Services Inc. v. Federal Deposit Insurance Corp.
Financial Institutions Reform, Recovery and Enforcement Act precludes recovery of damages for lost profits.
Banking Dec. 30, 1999
Roscoe v. Federal Home Loan Mortgage Association
Order
Banking Dec. 16, 1999
Franklin Savings Corporation v. United States of America
Allegations of bad faith of federal banking overseers are barred by discretionary-function exception.
Banking Nov. 23, 1999
Federal Deposit Insurance v. Noel
Scattered records at failed savings and loan doesn't prevent presumption barring claims and defenses.
Banking Nov. 23, 1999
In re: Hatley
Order
Banking Nov. 4, 1999
Federal Deposit Insurance Corp. v. Castetter
State, not federal, law sets standard for business judgment rule for directors of federally insured bank.
Banking Oct. 29, 1999
Steiny and Company, Inc. v. Citicorp Real Estate, Inc.
Amount construction lender pays itself for interest accrued on loan doesn't have to be disclosed to claimant under 'stop notice laws.'
Banking Aug. 4, 1999
Federal Deposit Insurance Corp. v. Craft
Borrower may set off only direct compensatory damages arising from receiver's repudiation of bank's obligations.
Banking Aug. 3, 1999
Professional Collection Consultants v. Hanada
Statute of limitations governing FDIC's contract actions apply to its assignees.
Banking Jul. 30, 1999
Federal Deposit Insurance Corp. v. Estate Helsing
FDIC cannot unilaterally freeze debtor's accounts claiming authority to avoid fraudulent transfers.
Banking Jul. 29, 1999
Studwell Inc. v. Korean Exchange Bank
Beneficiary's interest in executory letter of credit is not property of the beneficiary subject to attachment.
Banking Jul. 1, 1999
Remington Investments Inc. v. Hamedani
Document from failed bank submitted to prove amount of debt owed by defendant is hearsay.
Banking Jun. 30, 1999
Newman v. Union Oil Co. of California
Recording driver's license numbers on pre-printed credit card forms is prohibited except in limited circumstances.
Banking Jun. 26, 1999
Newman v. Union Oil Company of California
Recording driver's license numbers on pre-printed credit card forms is prohibited except in limited circumstances.
Banking Jun. 26, 1999
Brown v. Investors Mortgage Co.
Preemptive effect of residential loan exemption from state usury laws isn't limited to purchase-money mortgages.
Banking Jun. 25, 1999
Goldblatt v. Federal Deposit Insurance Corp.
Individual retirement account is not special deposit entitled to preference in insolvent bank's asset distribution.
Banking Jun. 24, 1999
Atherton v. Federal Deposit Insurance Corp.
For savings institution's officers and directors' liability, state standard prevails if stricter than federal gross negligence standard.
Banking Jun. 22, 1999
Ledo Financial Corp. v. Summers
Suit on unwritten loan agreement against receiver, Federal Deposit Insurance Corporation, isn't barred by 'D'Oench' doctrine.
Banking Jun. 21, 1999
Far West Federal Bank v. Office of Thrift Supervision
Statutory abrogation of regulator's agreement to loosen controls entitles investors to rescind agreement and recover investment.
Banking Jun. 20, 1999
Oceanside 84 Ltd. v. Fidelity Federal Bank
Bank's calculation of new interest rate on adjustable loan 65 days before payment date isn't breach.
Banking Jun. 20, 1999
Puerta v. United States
Bank can identify customer from federal agent's photograph and confirm possession of copy of passport.
Banking Jun. 20, 1999
Reliance Insurance Co. v. U.S. Bank of Washington
Progress payment wired to account of defaulting contractor belongs to lending bank, not unpaid subcontractors.
Banking Jun. 17, 1999
Beach v. Ocwen Federal Bank
Borrower's right to rescind for Truth in Lending Act violations expires three years after loan closing.
Banking Jun. 16, 1999