A California appeals court has ruled that the state's predatory-lending law does not require lenders to include yield-spread premiums in the points-and-fees test.In Wolski v. Freemont Investment & Loan, the appellate court said state legislators were aware of the mechanics of YSPs when they passed the predatory-lending law, but they did not include YSPs in the points-and-fees test. Daniel Wolski contended that the loan made by the Anaheim, Calif., mortgage broker violated the state predatory-lending law and was a "covered" loan because the points and fees exceeded 6% of the loan amount. However, FI&L successfully argued that it was not a covered loan and that the plaintiffs erroneously included the $3,700 YSP in the points-and-fees test. The California law is similar to the Truth in Lending Act, which does not include YSPs in the points-and-fees test, according to Jon Jaffe, a partner in the San Francisco office of Kirkpatrick & Lockhart. "This is good news, but it is not definitive news," Mr. Jaffe cautioned. He noted that plaintiff attorneys could pursue similar cases in other appellate districts.
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A federal judge in Texas dismissed the Consumer Financial Protection Bureau's medical debt rule and prohibited states from passing their own laws prohibiting medical debt on credit reports.
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Dr. Mark Calabria takes on the additional role of chief statistician of the United States; retired Ally Bank executive Diane Morais has joined First Citizens Bancshares' board of directors; MainStreet Bank has promoted Alex Vari to chief financial officer; and more in this week's banking news roundup.
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While refinances are behind the latest increases, the pace of purchase activity may be a stronger indicator of where the housing market sits.
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The share of economists expecting a September rate reduction grew in the July Wolters Kluwer survey, but the October or later percentage also increased.
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Rising home prices and softening sales offer a mixed view of a market that some say is shifting to favor buyers.
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The notes are backed by home improvement installment loans originated by approved dealers in Foundation Finance Company's network.
July 11