The Consumer Financial Protection Bureau (the “CFPB,” or the “Bureau”) continuing its focus on the auto finance industry, recently announced a Consent Order (available by clicking here), with a small Buy Here Pay Here (“BHPH”) auto dealer called Herbies Auto Sales (“Herbies”) for a series of…
Question 1: We have customers who winter in Florida and Arizona. We also have customers who live across the state line in Illinois and Michigan. Can we honor a power of attorney (POA) that was signed in another state, or does the POA paperwork have to be signed in Indiana?
Answer: Yes, you can honor…
As seen in the January 2016 issue of the Indiana Banker Association's Hoosier Banker.
Question 1: Indiana law provides for a $50 loan origination fee that is earned at closing; however, if that amount is financed into the principal loan amount, are we still in compliance if we assess interest on…
Treasury management agreements often remind me of the Winchester Mystery House.
The Winchester Mystery House is a beautiful, sprawling, and bizarre Victorian mansion. The story goes that Sarah Winchester, reeling from the untimely deaths of her infant daughter and husband,…
On December 4, 2015, President Obama signed a highway bill, the “Fixing America’s Surface Transportation Act” (the FAST Act). Tacked onto this bill were numerous amendments to banking, securities, and housing laws that are intended to provide "regulatory relief to facilitate capital formation,…
As seen in the December 2015 issue of the Indiana Bankers Association's Hoosier Banker
In merger and acquisition transactions, buyers and sellers should both take care to ensure compliance with regulatory requirements prior to applying for merger approval. Failure to do so may put the acquirer…
As seen in the December 2015 issue of the Indiana Banker Association's Hoosier Banker.
Question: Does Indiana have any state law protections for members of the military that I need to comply with? If so, are there Indiana-specific requirements broader than the federal requirements that we have…
On October 8, 2015 the Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) issued new guidance (the “Guidance”) on the Real Estate Settlement Procedures Act’s (“RESPA”) anti-kickback provisions[1] and how they relate to marketing services agreements (“MSA(s)”).[2] Unfortunately the…
Krieg DeVault is pleased to announce that Lori Jean, former Senior Vice President, Assistant General Counsel, and Chief Compliance Officer of 1st Source Bank (“1st Source”), has joined the firm as a Partner. Jean will be a member of Krieg DeVault’s well-established Financial Institutions Practice…
The Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) took another step today towards effectively banning the use of arbitration clauses in financial services contracts with the release of their Proposal on Pre-Dispute Arbitration Agreements and its accompanying Discussion Issues…
The Truth in Lending Act (Regulation Z) and Real Estate Settlement Procedures Act (Regulation X) Integrated Disclosure Rule ("TRID" or the "Rule") became effective on October 3, 2015. In the weeks leading up to this already once delayed effective date, several financial services trade associations…
