Mortgage Bankers Association
OCCRulemakingOCC-2019-0027

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

RIN
Last modified
Jun 2, 2020
Comment window
closed 2380d ago
Mortgage Bankers Association filings
1

Activity

Mortgage 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 Mortgage Bankers Association filed (1)

Jan 22, 2020· Mortgage Bankers Association (MBA)· OCC-2019-0027-0044

Filed on regulations.gov — full text not in the inline record.

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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Permissible interest on loans that are sold, assigned, or otherwise transferred (OCC) — Mortgage Bankers Association | OpenPolis