States
HIGHLIGHT
During the subprime frenzy, many states moved ahead to pass stronger lending protections as the federal government dragged its feet. The states have led the way in closing loopholes in federal laws and weeding out abusive loan terms, such as excessive fees and prepayment penalties. The Center for Responsible Lending continues to work with partners and allies in many states to stop foreclosures and help ensure more responsible lending in the future.
- Allowing National Banks to Ignore State Lending Laws Encouraged Risky Lending
October 16, 2009UNC's Center for Community Capitalism finds that national banks increased subprime lending when they were allowed to ignore state laws (i.e., "preempt" state laws), and states with stronger lending laws have had fewer foreclosures.
- State Attorneys General Call For The Creation of CFPA
August 17, 2009A geographically broad and bipartisan letter sent August 17 letter to key committee chairs in the U.S. House and U.S. Senate by 24 State Attorneys General, signals a strong state of support for the proposed Consumer Finance Protection Agency (CFPA).
- State attorneys general can punish federally chartered banks for violating state laws
March 4, 2009CRL's amicus briefs in support of the New York Attorney General in Cuomo v. The Clearing House Association, L.L.P. CRL, along with a number of consumer groups, argues that the National Bank Act's "visitorial powers" provision does not prohibit the New York Attorney General from enforcing the state's anti-discrimination law against national banks concerning their mortgage lending practices, and that the Office of the Comptroller of Currency's regulation treating this as prohibited is invalid. CRL participated in this case before the U.S. District Court, the U.S. Court of Appeals for the Second Circuit, and the U.S. Supreme Court.
- Massachusetts Fights "Exploding" Subprime Mortgages
February 26, 2009CRL applauds Massachusetts AG for using consumer protection laws, specifically the unfair or deceptive acts or practices (UDAP) law, to stop foreclosures on unfair subprime loans
- State & Local Foreclosure Prevention Policy Options
November 21, 2008Report summarizes state and local policy options for reducing foreclosures
- The Mortgage Crisis Today: How Far Have We Come and Where Do We Need to Go?
August 4, 2008Overview of subprime and alternative lending market with focus on California
- Protect States’ Rights to Prevent Foreclosures
May 7, 2008Note urges support of the Miller-LaTourette amendment which urges compliance with state consumer protection laws
- Impact of and Reactions to Proposed Regulation Z Revisions
March 5, 2008 - Federal Preemption Favors Predatory Lending
November 2, 2007CRL is opposed to Federal preemption of state consumer protection laws as it is unnecessary and harmful to homeowners
- Brief: Owners, Lenders Flourish Under State Anti-Predatory Lending Laws
March 1, 2006


