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Name Category Published
McElroy v. Chase Manhattan Mortgage Corp.
Lender was not required to process tendered payment in form of 'Bonded Bill of Exchange Order' because bill was worthless on its face. 		Banking Feb. 8, 2006
American Bankers Assoc. v. Gould
Federal credit reporting act preempts at least portion of state privacy law's affiliate-sharing provisions. 		Banking Sep. 27, 2005
Virachack v. University Ford
Cash rebate is not part of cost of credit and need not be disclosed under Truth In Lending Act. 		Banking Aug. 30, 2005
Jones v. E*Trade Mortgage Corp.
District court erred in dismissing homeowner's complaint for failure to state cause of action under Truth In Lending Act. 		Banking Aug. 23, 2005
Wolski v. Fremont Investment & Loan
Yield spread premium is not part of points and fees paid by borrower at close of escrow under predatory lending law. 		Banking Aug. 3, 2005
TME Enterprises Inc. v. Norwest Corp.
Bank can accept incoming wire transfer with beneficiary that does not match name on account as long as it is unaware of discrepancy. 		Banking Jun. 17, 2005
Wolski v. Fremont Investment & Loan
Yield spread premium is not included in 'points and fees' of residential mortgage loan. 		Banking Apr. 12, 2005
Easter v. American West Financial
Under Washington law, brokers who arrange table-funded loans need not be licensed. 		Banking Jan. 18, 2005
DBJJJ Inc. v. National City Bank
When bank fails to timely examine documents, it is precluded from arguing documentary presentation is inadequate. 		Banking Jan. 10, 2005
McCarthy v. Federal Deposit Insurance Corp.
Debtor challenging loan practices of bank that went into receivership must exhaust administrative remedies before filing lawsuit. 		Banking Jun. 30, 2004
Olson v. Six Rivers National Bank
Bank did not violate Consumer Credit Reporting Agencies Act by requesting credit information pertaining to husband in connection with loan made to wife. 		Banking Oct. 15, 2003
Lee v. Yang
Jilted fiancee who had joint interest in checking account could withdraw funds without restriction. 		Banking Oct. 15, 2003
Fischer v. First International Bank
When loan agreement doesn't state loans will be cross-collateralized, enforcement of "dragnet" clause presents triable issue; order granting new trial is void. 		Banking Oct. 1, 2003
Byars v. SCME Mortgage Bankers Inc.
Lender was authorized to pay rebate to mortgage broker on loan with limited origination fees. 		Banking Aug. 11, 2003
De La Fuente v. FDIC
Board must reconsider permanent removal of bank director who arranged self-interested loans. 		Banking Aug. 3, 2003
Hirsch v. Bank of America
Plaintiffs' unjust enrichment claim based on excessive bank fees charged to title companies and passed onto plaintiffs survives demurrer. 		Banking Jun. 25, 2003
Bjustrom v. Trust One Mortgage Corp.
Lender's payment of yield spread premiums and service release premiums to mortgage broker doesn't violate law or breach loan agreement. 		Banking Apr. 1, 2003
Gibson v. World Savings and Loan Association
Plaintiffs' state claims are not pre-empted by federal regulations of Home Owners' Loan Act. 		Banking Feb. 4, 2003
Miguel v. Country Funding Corp. (Dubin)
Subject matter jurisdiction does not exist where homeowner failed to notify bank of cancellation within three-year period. 		Banking Jan. 15, 2003
The Bank of America v. City and County of San Francisco
City ordinances prohibiting banks from charging ATM fees to nondepositors are pre-empted by federal banking laws. 		Banking Nov. 5, 2002
Espresso Roma Corp. v. Bank of America
Complaint against bank for payment of forged checks is properly dismissed where bank established prima facie case that it exercised ordinary care. 		Banking Oct. 8, 2002
Park Terrace Limited v. Teasdale
Summary judgment is proper in actions against lender based on exemption for loans arranged by licensed real estate broker. 		Banking Oct. 2, 2002
Cochran Investment Co. Inc. v. Bank of America
Delayed discovery of bank's liability for taking negotiated instrument from fiduciary will not be barred by statute of limitations. 		Banking Sep. 24, 2002
Universal Marketing and Entertainment Inc. v. Bank One of Arizona
Creditor did not commit conversion by garnishing account that contained unsegragated funds. 		Banking Sep. 23, 2002
Flowers v. First Hawaiian Bank
Bank's compliance with unlawful Article 32 subpoena without obtaining certificate of compliance from Army isn't exempt from Right to Financial Privacy Act. 		Banking Sep. 17, 2002
Gold Country Lenders v. Smith (In re Smith)
Borrower must establish detrimental reliance to receive actual damages resulting from creditor's violation of Truth In Lending Act. 		Banking Aug. 8, 2002
The Money Store Investment Corp. v. Southern California Bank
Triable issue of fact exists concerning bank's dispersal of loan proceeds contrary to escrow instructions. 		Banking Aug. 7, 2002
Trustmark Insurance Co. v. Bank One, Arizona, NA
When 'Letter of Instructions' imposes conditions other than time of payment, it is not 'payment order' under UCC. 		Banking Jun. 18, 2002
U.S. v. Boren
Federal statute criminalizes false statements in connection with any bank application or commitment, not just those relating to loans. 		Banking Mar. 26, 2002
U.S. v. Schild
Sentencing for bank fraud conviction may be enhanced according to 'intended' rather than actual loss. 		Banking Dec. 13, 2001
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