The OCC and FDIC have filed a joint brief that is amicus a Colorado federal district court arguing that the court should affirm your choice of the bankruptcy court keeping that a non-bank loan assignee could charge exactly the same rate of interest the lender assignor could charge under area 27(a) for the Federal Deposit Insurance Act, 12 U.S.C. В§ 1831d(a), inspite of the 2nd CircuitвЂ™s decision in Madden v. Midland Funding (which we now have criticized.)
The mortgage at issue had been produced by Bank of Lake Mills, a Wisconsin state-chartered bank, to CMS Facilities repair, Inc. (CMS), A colorado-based firm. An interest was carried by it price simply over 120percent per year. The loan was secured by a deed of trust on real property owned by Yosemite Management, LLC (Yosemite) in addition to personal property of CMS.