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Mortgage(e) Interest?: The Current State of NBA Preemption in Light of Cantero and Lusnak

Benjamin David Spohn, Lynette I Hotchkiss, Erin Bryan, and Jehan Patterson

There is presently a circuit split between the Second (Cantero) and Ninth (Lusnak) Circuits regarding whether and to what extent the National Banking Act (NBA) preempts state interest-on-escrow (IOE) laws. This panel will provide key historical context for this split, analyze these two cases in detail, explain how these cases/issues have a potentially broad and deep impact beyond IOE, and prognosticate on how this split resolves and impacts the future of NBA preemption.