CFPB, Federal Agencies, State Agencies, and Attorneys General
Oregon and nine other states argue that the OCC unlawfully preempted state interest-on-escrow laws, that Oregon is a proper venue, and that their challenge to the agency’s authority should proceed. The court expects to rule on the OCC’s motions by November 20.
Ten states challenging the Office of the Comptroller of the Currency’s (OCC) mortgage interest-on-escrow rules have opposed the agency’s motion to dismiss or transfer the case.… Continue Reading
The Supreme Court yesterday took an important step toward resolving the growing uncertainty over the scope of National Bank Act preemption. In an order issued October 5, the Court invited the Solicitor General to file briefs expressing the views of the United States in three cases involving state laws requiring national banks to pay interest on mortgage escrow accounts: Cantero v.… Continue Reading
On Friday, May 15, 2026, the Office of the Comptroller of the Currency (OCC) issued two final rules on national banks’ and federal savings associations’ real estate lending powers related to mortgage escrow accounts. The actions codify a rule reflecting longstanding OCC precedent on mortgage escrow account powers and finalize the proposed preemption rule regarding interest-on-escrow laws, both of which the Second Circuit relied upon in its recent decision in Cantero v.… Continue Reading
On August 27, we blogged about the Ninth Circuit unpublished panel opinion in Kivett v. Flagstar Bank issued upon remand of the case from the Supreme Court with instructions to follow the guidance of the Supreme Court contained in its unanimous opinion in Cantero v. Bank of America. In Cantero, the Supreme Court reversed a Second Circuit opinion which had held that the National Bank Act preempted a New York State law requiring the payment of 2% interest on residential mortgage escrow accounts.… Continue Reading
In a surprising quick turn of events, on remand from SCOTUS, the 9th Circuit, on August 23, 2024, issued its unanimous unpublished panel opinion in Kivett v. Flagstar Bank, FSB (Kivett II) in which it essentially re-affirmed its earlier panel opinion holding that there is no preemption of a California state law which requires the payment of 2% interest on residential mortgage escrow accounts.… Continue Reading
