The OCC, Banks and the Federal Courts
GDB Firm Blog
NOVEMBER 25, 2019
I don't normally blog about court decisions, but in 2015, the United States Court of Appeals, in a case referred to as "Madden," tossed a monkey wrench into the ability of banks to sell loans. Before Madden, if the interest rate on a loan was valid when it was made, then the interest rate remained valid even after it was sold. Thus, before Madden, if a bank legally made a loan at 12% interest, and then sold it to a non-bank that was not permitted to lend at more than 10%, the 12% ra
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