Financial Institutions

Small Bank Exemptions

01/09/13

Community banks and credit unions are the darlings of Congress in the financial services industry. This is quite understandable--they play an important economic role in their communities and have a much greater civic presence than the big banks. The president of the local community bank is much more likely to be involved in major civic organizations than the Bank of America branch manager. As a result, a parallel regulatory system has developed for community banks and credit unions.

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Hackers, Bank Records, and Going Paperless

01/09/13

The traditional allocation of losses at a bank was first loss bank, second loss government, but never losses to insured depositors. To wit, if Willie Sutton robs a bank, the money lost is the bank's, not that of any particular depositor.  If bank fails, then the FDIC steps in pays out the insured depositors. It does so on the basis of the bank's books and records.  

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OCC review whistleblower

01/05/13

Adam Levitin predicted here that the "independent" review of banks' foreclosure files ordered by the OCC in the wake of the robosigning scandals would be a sham, based among other things on the adverts to hire the reviewers.  Now, one apparently overqualified reviewer has told his

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Reading the New FDIC/Bank of England Resolution Paper

12/13/12

Which is available here.  Slow going:

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What I Love about Kiva.org

12/08/12

Kiva.org is the on-line microlending network that
allows anyone to lend $25 or more to individual low-income borrowers around the
world for micro-enterprise and housing.  
Kiva is an entirely different way of thinking about credit and financial
intermediation.

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Where Are the Foreclosures?

11/29/12

Bloomberg has a story Foreclosure Wave Averted as Doomsayers Defied. I think it's a great example of defining deviancy downward. There's no question that we haven't seen a foreclosure tsunami in the wake of the federal-state servicing fraud settlement. But there was little reason to expect one and let's not lose sight of the big picture--foreclosure levels are still incredibly high. 

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CFPB's Anti-Abuse Authority: A Promising Development in Substantive Consumer Protection

11/21/12

The Consumer Financial Protection Bureau is doing something promising with its anti-abuse authority under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  It is going after credit industry exploitation of consumers, particularly when business models involve using confusing terms that disclosure cannot adequately address.  See my paper on this topic. So I was not surprised to see George Will attacking this development.   We can't have smart, effective consumer protec

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What’s Up With “Independent Foreclosure Review”: Boondoggle for Consultants and More Foot-Dragging by Servicers

11/18/12

After the robo-signing scandal broke in the fall of 2010, followed by a huge bureaucratic in-fight, a federal interagency review produced the Independent Foreclosure Review Program, announced with great fanfare in April 2011.

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Race and the Housing Bubble

11/16/12

While we wait to see if the second Obama administration will do anything new to help homeowners hit by the lingering mortgage crisis (finally replace Bush-holdover Ed DeMarco at FHFA to make way for debt relief?), there’s time to review a recent development that didn’t get the full attention it deserved.

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While You Wait

11/06/12

As somebody who has dabled in empirical legal studies, and recently noted the tendency among academics and policymakers to ignore inconvient data, I'm quite eager to see how the models hold up.

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