The California Court of Appeal for the Second District, Division 4, concluded in Akopyan v. Wells Fargo Home Mortgage, Inc., 155Cal.Rptr.3d245 (Cal.App. 4th2013) that the Dodd-Frank amendments to the National Bank Act ("NBA") and the Home Owners Loan Act ("HOLA") are prospective, and do not apply retroactively to prior agreements. Thus, applying the authoritative pre-Dodd-Frank preemption provisions of NBA and HOLA, the court held that the plaintiffs' respective contract claims against two national banks were preempted by federal law. In two separately filed, but ...
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