No. 18-212
Bank of America, N.A. v. Donald M. Lusnak
Amici (1)
Experienced Counsel
Tags: escrow-accounts federal-banking-powers federal-preemption mortgage-escrow mortgage-lending mortgage-loan-escrow national-bank national-bank-act occ-regulations office-of-the-comptroller-of-the-currency preemption real-estate-lending state-banking-law state-banking-laws
Latest Conference:
2018-11-16
Question Presented (from Petition)
1. Whether the National Bank Act preempts state laws regulating national bank loan terms, such as California's law requiring payment of interest on mortgage loan escrow accounts.
2. Whether the Ninth Circuit erred in disregarding OCC regulations concerning the applicability of state real-estate lending laws to national banks.
Question Presented (AI Summary)
Whether the National Bank Act preempts state laws regulating national bank loan terms, such as California's law requiring payment of interest on mortgage loan escrow accounts
Docket Entries
2018-11-19
Petition DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-31
Reply of petitioner Bank of America, N.A. filed. (Distributed)
2018-10-17
Brief of respondent Donald Lusnak in opposition filed.
2018-09-17
Brief amici curiae of The Bank Policy Institute, et al. filed.
2018-08-24
Motion to extend the time to file a response is granted and the time is extended to and including October 17, 2018.
2018-08-21
Blanket Consent filed by Respondent.
2018-08-16
Motion to extend the time to file a response from September 17, 2018 to October 17, 2018, submitted to The Clerk.
2018-08-14
Petition for a writ of certiorari filed. (Response due September 17, 2018)
Attorneys
Bank of America, N.A.
Robert Allen Long Jr. — Covington & Burling, LLP, Petitioner
Donald Lusnak
Samuel Issacharoff — Respondent
The Bank Policy Institute, American Bankers Association, Consumer Bankers Association, Chamber of Commerce of the United States of America, and Mortgage Bankers Association
Matthew A. Schwartz — Sullivan and Cromwell LLP, Amicus