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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.


The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for participating.