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#validwhenmade

Colorado “True Lender” Matters Settle

August 18, 2020 By John Redding

A&B ABstract: As we have previously reported, the Administrator of the Colorado Uniform Consumer Credit Code has been engaged in litigation against certain marketplace lending programs, alleging the marketplace lenders were the true lenders and could not enforce contracts in excess of Colorado’s statutory interest rate cap. On August 18, 2020, the parties filed Stipulations […]

Filed Under: State Law Tagged With: #Avant, #Marlette, #validwhenmade

Colorado Court Rejects “Valid When Made” Doctrine

June 18, 2020 By Stephen Ornstein

A&B Abstract: As we have previously reported, effective August 3 the Office of the Comptroller of the Currency’s (“OCC”) has issued a final rule affirming the “valid-when-made” doctrine while dismissing the Second Circuit decision in Madden v. Midland Finding, LLC. On June 9, 2020, however, a Colorado state court handed down an unexpectedly negative ruling […]

Filed Under: Consumer Loan Tagged With: #validwhenmade

OCC Rule Affirms Valid-When-Made Doctrine

June 8, 2020 By Nanci Weissgold and Stephen Ornstein

A&B ABstract: On May 15, the Office of the Comptroller of the Currency  (“OCC”) issued a final rule, effective August 3, 2020, addressing the “valid-when-made” doctrine.  The rule clarifies that the interest rate on a loan originated by a national bank or federal savings association, if permissible at the time of origination, will continue to be […]

Filed Under: Circuit Court Decisions, Mortgage Loans Tagged With: #OCC, #validwhenmade

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