Insights
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Financial Services
By: Brett J. Ashton
on January/February 2017
Question: We recently had an elderly customer sign a power of attorney (POA) form allowing her caretaker to help with her finances. Several years ago, the same customer had provided her son with a POA. Last week the customer’s caretaker came into the bank and wanted to cash a check made out to…
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By: Brett J. Ashton
on November 2016
Question 1: Our bank recently entered into a marketing agreement with an insurance company, with the goal of generating additional income by offering life and property insurance products to our loan customers. Does Indiana law allow us to require customers to obtain insurance with their loans?…
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November 3, 2016
While financial institutions are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) as they relate to the maintenance of their physical office spaces and overall general corporate policies, recently some institutions have been recipients of…
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By: Brett J. Ashton
on October 2016
Question: Our bank has several pre-need funeral trust accounts that are funded by insurance policies. We would like to be able to redeem the policy and simply fund the trust with other bank funds. Does Indiana law allow us to do so? Answer: No. The issue of converting pre-need funeral trust funds…
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By: Brett J. Ashton
on September 2016
As seen in the September 2016 issue of the Indiana Banker Association's Hoosier Banker. Question: Recently an individual attempted to open a checking account at our bank using identification from the “Moorish Temple Science of the World.” When our customer service representative explained that…
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August 15, 2016
The Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) released their Proposed Payday, Vehicle Title and Certain High Cost Installment Loans Rule (the “Proposed Rule”) on June 2, 2016 in conjunction with their planned Field Hearing on Small Dollar Lending. While the Proposed Rule is…
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By: Brett J. Ashton
on August 2016
As seen in the August 2016 issue of the Indiana Banker Association's Hoosier Banker. Question 1: We encourage our customers to teach their children financial literacy at an early age, and offer savings accounts for minors when linked to a parent’s or guardian’s account. Recently a 16-year-old…
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By: Brett J. Ashton
on July 6, 2016
As seen in the July issue of the Indiana Banker Association's Hoosier Banker. Question No. 1: Our bank recently foreclosed on a consumer mortgage, and before vacating the property the borrower removed all of the copper piping and cabinets from the home. When we approached the local prosecutor’s…
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By: Brett J. Ashton
on June 9, 2016
As seen in the June issues of the Indiana Banker Association's Hoosier Banker Question No. 1: Does Indiana law limit how much a bank can lend to one borrower, or to a group of associated borrowers, at a time? Answer: Yes, although the calculation of these limits will vary, based on the…
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By: Brett J. Ashton
on May 8, 2016
The Consumer Financial Protection Bureau (the “CFPB” or the “Bureau”) released their long anticipated Proposed Rule on Arbitration late last week (the “Proposed Rule” or the “Rule”), significantly limiting the use of pre-dispute arbitration provisions in consumer financial products and services…
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By: Brett J. Ashton
on May 4, 2016
We received several questions about the Compliance Connection article that appeared in a recent edition of the Hoosier Banker, 1 providing guidance on the new TILARESPA Integrated Disclosure (TRID) requirements2 that took effect Oct. 3, 2015, with respect to deficiency judgments. The question as to…
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By: Brett J. Ashton
on April 24, 2016
Financial Institutions with less than $1 Billion in Assets Exempt; Financial Institutions with less than $50 Billion in Assets Subject to Less Restrictive Provisions The National Credit Union Association (the “NCUA”), recently released a draft of their Proposed Rule (the “Proposed Rule”) on…
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