Wednesday, December 26, 2012

Fourth Circuit -- Philip Decohen v. Capital One, N.A.


Where local lender originates loan before transferring it to a national bank, state regulatory statutes are not preempted by federal loan origination statutes.

No field preemption for debt cancellation agreements.

Reference to state statute in loan agreement elected that state's law, and the lender is therefore bound by another term of the statute.

Philip Decohen v. Capital One, N.A.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.