Posts tagged Preemption.
In Thomas v. CitiMortgage, Inc., No. 12-40122-FDS, 2013 WL 4786060 (D. Mass. Sept. 5, 2013), the U.S. District Court for the District of Massachusetts recently addressed preemption under the Dodd-Frank Act. While the court found that the Dodd-Frank amendment limited the preemptive scope of the HOLA, it held that the amendment did not apply retroactively. Additionally, the court held, for the first time, that a bank that table-funds a loan is considered the original lender for the purposes of the HOLA preemption analysis that existed prior to Dodd-Frank's enactment. Plaintiff ...