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Expert Analysis

OCC's Interest Rate Transfer Rule Is No Madden Panacea

By Pratin Vallabhaneni, John Wagner and Margaux Curie (June 5, 2020, 6:21 PM EDT) -- In an effort to resolve the legal uncertainty created by the U.S. Court of Appeals for the Second Circuit's 2015 decision in Madden v. Midland Funding LLC, the U.S. Office of the Comptroller of the Currency has issued a final rule to clarify that when a national bank or savings association sells, assigns or otherwise transfers a loan, the interest permissible before the transfer continues to be permissible after the transfer....

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