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   Creditor Rights & Bankruptcy


The Ohio General Assembly approved legislation, effective January 1, 2007, designed to better protect consumers from predatory lenders. This latest legislative effort comes four years after the Ohio General Assembly enacted the Mortgage Brokers Licensure Act (Senate Bill 76) and Predatory Lending legislation (House Bill 386).

The centerpiece of the bill, SB 185, is the expansion of the Consumer Sales Practices Act to cover the mortgage lending industry. Another significant feature is the creation of a "fiduciary duty" between mortgage brokers and non-bank lenders and their consumers. Other features of the bill include mandatory licensure of real estate appraisers and additional regulations and disclosures for mortgage brokers.


Available Resources

Creditor Rights & Bankruptcy E-Alerts
Periodic Bricker & Eckler E-Alerts on topics related to creditor rights, predatory lending and bankruptcy

Predatory Lending: Developments and Pending Litigation
Series of articles and bulletins by Bricker & Eckler attorneys updating developments in the Ohio predatory lending issue.

Complying With the Ohio Homebuyers’ Protection Act: The Compliance Toolkit
To assist lenders and service providers in complying with the Ohio Homebuyers’ Pro­tection Act, Argus Growth Consultants, Ltd., a leading solutions provider for law firms and corporations, has developed the Ohio Homebuyers’ Protection Act Compliance Toolkit.

Am. Sub. S.B. 185 as passed by the Ohio General Assembly
May 24, 2006, 2006 and signed by the Governor on June 19, 2006

Final analysis of Am. Sub. S.B. 15 from the Ohio Legislative Service Commission

Analysis of Key Provisions of Am. Sub. S.B. 185
Prepared by Bricker & Eckler government relations attorneys - June 2006

Sub. H.B. 386 as passed by the Ohio General Assembly in 2002

 

 

 

Highlights

The U.S. Supreme Court has ruled that state attorneys general are not "preempted" by federal law from subpoenaing records of national banks in the course of investigations related to state law enforcement matters
Preemption and “Visitorial” Powers: The Cuomo Case

Details of the Obama Administration proposal for comprehensive reform of the financial services industry regulatory system.
Financial Services Industry Regulatory Reform: The Administration Proposal

The Ohio Supreme Court has provided some clarity for Ohio banks and customers, holding that an action against a bank must be filed within the record retention limitations period
Spiller v. Sky Bank

Banks and financial institutions were the original recipients of TARP money and continue to be in the economic spotlight with opportunities available through the Stimulus Bill. Vist our
2009 Stimulus Task Force and Resource Center

What's happening in the 128th Ohio General Assembly?
Insurance, Banking Financial Services Legislation

Stay current with the Bricker & Eckler Creditor Rights & Bankruptcy E-Alerts
Creditor Rights & Bankruptcy E-Alerts


Ohio Banking Law

A quarterly publication covering legal issues of interest to the banking and financial services industry
Ohio Banking Law - Summer 2009

Read past issues of
Ohio Banking Law

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Ohio Banking Law
 

 

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