American Bankers Association
OCCRulemakingOCC-2019-0027

Permissible interest on loans that are sold, assigned, or otherwise transferred

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Last modified
Jun 2, 2020
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closed 2380d ago
American Bankers Association filings
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American Bankers Association filed 1 comment on this docket between Jan 22, 2020 and Jan 22, 2020. 19 other organizations filed here. The comment window closed 2380d ago.

What American Bankers Association filed (1)

Jan 22, 2020· American Bankers Association (ABA)· OCC-2019-0027-0025

Please find attached the comment of the American Bankers Association.

Abstract

Federal law establishes that national banks and savings associations (banks) may charge interest on loans at the maximum rate permitted to any state-chartered or licensed lending institution in the state where the bank is located. In addition, banks are generally authorized to sell, assign, or otherwise transfer (transfer) loans and to enter into and assign loan contracts. Despite these authorities, recent developments have created legal uncertainty about the ongoing permissibility of the interest term after a bank transfers a loan. This rule clarifies that when a bank transfers a loan, the interest permissible before the transfer continues to be permissible after the transfer.

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