S&P Reports OCC/Predatory Decisions

Standard and Poor's Ratings Services has announced that it will continue to rate structured transactions containing loans originated by national banks governed by anti-predatory-lending laws in 11 states and in Oakland, Calif., because the lenders would not be subject to assignee liability.The 11 states are: Georgia, Illinois, Kentucky, Maine, Nevada, New Jersey, New Mexico, New York, North Carolina, Oklahoma, and South Carolina. The rating agency said it was unable to make the same determination about assignee liability for loans originated by national banks subject to predatory-lending laws in Arkansas and Los Angeles. The decision followed a review of a final rule issued by the Office of the Comptroller of the Currency that amends criteria regarding the OCC's pre-emption authority over national banks and their operating subsidiaries. S&P can be found online at http://www.standardandpoors.com.