Mortgage(e) Interest?: The Current State of NBA Preemption in Light of Cantero and LusnakRead Time: 1 min
There is presently a circuit split between the Second (Cantero) and the Ninth (Lusnak) Circuits regarding whether and to what extent the National Banking Act (NBA) preempts state interest-on-escrow (IOE) laws.
On Saturday, April 29, 2023, Member Lynette Hotchkiss (Nashville) will participate in a panel discussion on “Mortgage(e) Interest?: The Current State of NBA Preemption in Light of Cantero and Lusnak” during the ABA Business Law Section Spring Meeting in Seattle, WA. The panelists will provide key historical context for this split, analyze both cases in detail, explain how these cases and issues have a potentially broad and deep impact beyond IOE, and prognosticate on how this split resolves and impacts the future of NBA preemption.