Thursday, March 13, 2025

Legal Briefs

June 2008 Legal Briefs

  1. Consumer Loan Dollar Amounts Adjust on July 1
  2. Paying 3% Interest on County Deposits
  3. Accepting Checks with Missing Endorsements
  4. Accepting Checks for Collection

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May 2008 Legal Briefs

New FDIC Guide to Deposit Insurance Of Trusts & POD Accounts

  1. Qualifying Beneficiaries
  2. One-Owner Revocable Trusts
  3. Revocable Trust Becomes Irrevocable
  4. Primary & Contingent Beneficiaries
  5. Changed Amount of Insurance?
  6. Certificate of Trust?
  7. Life Estate & Remainder Beneficiaries
  8. Joint Revocable Trusts
  9. POD Accounts
  10. Contingent POD Beneficiaries
  11. Joint Accounts with PODs
  12. Irrevocable Trusts

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April 2008 Legal Briefs

  1. “Local Check” Area Expanding on April 19
  2. Recent Court Ruling Concerning Liens on Indian Car Titles
  3. Using W-9s (With SSN or ITIN) or W8-BENs to Open Accounts

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March 2008 Legal Briefs

Understanding Representative Payee Accounts

  1. When is a Representative Payee Appointed?
  2. Correct Account Styling
  3. Guardian/Rep Payee
  4. Successor Trustee/Rep Payee
  5. POA/Rep Payee
  6. Only a Rep Payee
  7. Only an Authorized Signer
  8. Joint Accounts
  9. Organizational Rep Payees
  10. Rep Payees for Children

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February 2008 Legal Briefs

  1. Replacing a Cashier’s Check Based on Declaration of Loss
  2. Basis for Charging “Unauthorized” Items to Customer’s Account
  3. Other Ways a Forged Signature is Not a Forgery

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December 2007 Legal Briefs

Discussion of Identity Theft Red Flags

  1. Developing Responses to Red Flags
  2. Suspicious Activity Reports & Privacy Exceptions
  3. Example of SAR Filing      
  4. Credit Report Alerts & Notices
  5. Suspicious Documents
  6. Suspicious Personal Identifying Information
  7. Unusual Use/Suspicious Activity on Account
  8. Notice of Identity Theft

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August 2007 Legal Briefs

Background on Subprime Mortgages

Interagency Guidance on Subprime Mortgages

  1. Statement’s Coverage
  2. What is “Subprime”?
  3. Substantial Risk Factors
  4. Balloon Payments?
  5. Consumer Protection Principles
  6. Underwriting Standards
  7. Control Systems 

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July 2007 Legal Briefs

  1. Consumer Loan Dollar Amounts Adjust on July 1
  2. Changes to Identity Theft Provisions
  3. All ATV’s Transferred After June 30, 2008 Require Titles & Liens
  4. How to Re-title a Mobile Home Merged Into the Real Estate
  5. Commissioner’s Bill Includes Several Miscellaneous Changes

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June 2007 Legal Briefs

Changes to Oklahoma’s Vulnerable Adult Abuse Reporting Provisions

  1. Financial Neglect; Exploitation
  2. Specific Duty to Report
  3. Avoiding Singling out Banks 
  4. Expanded DHS Powers

Illegal Immigration: How H.B. 1804 Affects Banks, Other Businesses

  1. Citizenship/Immigrant Verification
  2. Independent Contractor Verification
  3. “Harboring” Illegal Immigrants
  4. Restriction on Issuing ID’s
  5. Other Provisions
  6. Economic Costs

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April 2007 Legal Briefs

  1. Stale-Dated Checks: Should the Bank Pay Them or Not?
    1. What the Statute Says
    2. Bulk Filing
    3. Regulation CC Exception Hold
    4. Whether to Pay or Not?
    5. Some Possible Approaches
    6. When is an Old Check No Longer Good?
  2. Reasons for Returning Checks within the Midnight Deadline
    1. The Bulk Filing Issue
    2. Having a Valid Reason for Return
    3. Reasons Limited to the Midnight Deadline
    4. “Refer to Maker”; Kiting
    5. “Account Closed”
    6. Forged Checks
    7. Dummy or Counterfeit Checks

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