Posts Tagged ‘state law’

Big Bank Usury: Warren on Whitehouse Amendment

Big Bank Usury: Warren on Whitehouse Amendment

Courtesy of Lynn Parramore at New Deal 2.0 

Aristotle called usury the “most hated form” of wealth-accumulation. Dante sent practitioners to the seventh circle of hell. The Qur’an proposes that usurers are controlled by the devil’s influence, and we’ve all heard how Jesus, that avatar non-violence, was stirred to a round of ass-kicking when he found the money lenders in Herod’s temple.

Screwing the poor through usury has been considered an abomination throughout human civilization – a disease of the body politic that sickens people morally and economically.

For two centuries, American states had the power to enforce usury laws against any lender doing business with its citizens. But in 1978, a Supreme Court case transformed the world of lending. In Marquette National Bank of Minneapolis v. First of Omaha Service Corp., the Supreme Court changed the interpretation of  the National Bank Act of 1863 so that states could no longer regulate interest rates on nationally-chartered banks. BINGO! Big banks quickly saw a Big Opportunity. They would now be able to dodge interest rate restrictions by reinventing themselves as “national banks” and hightailing it to states with weak consumer protections. A small number of states chucked interest rate caps in order to lure credit card business and related tax revenue.

Thanks to that unfortunate 1978 decision, credit card divisions of major banks are based in just a few states, while local banks struggle with unfair out-of-state competition fight to stay afloat. Meanwhile, consumers across the country are gouged by stratospheric interest rates and fees.

An amendment submitted by Senator Whitehouse and cosponsored by Senators Cochran, Merkley, Durbin, Sanders, Levin, Burris, Franken, Brown (OH), Menendez, Leahy, Webb, Casey, Wyden, Reed, Udall (CO), and Begich aims to change all this by restoring state powers to protect their citizens with interest rate limits on lending done within the state.

Here’s a breakdown of what the amendment would accomplish:

  • Restore to the states the ability to enforce interest rate caps against out-of-state lenders.
  • By Amending the Truth in Lending Act, cover all consumer lenders, no matter what their legal form, minimizing the opportunity for gaming by changing charter type.
  • Become effective twelve months after enactment – giving state legislatures time to evaluate and update usury statutes.
  • Level the playing field so that intrastate lenders like community banks, local retailers, and credit unions are no


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Internet Foreclosure “Myths”

Internet Foreclosure “Myths”

Foreclosure sign taped to a front door.

Courtesy of Patrick Pulatie, originally published at The Implode-O-Meter Blog

Just over two and one half years ago, I began to work with homeowners facing foreclosure. At that time, there were two or three websites that had any information on foreclosure prevention and any viable defenses to foreclosure. Since that time, starting in late 2008, and throughout 2009, there has been an explosion of websites featuring foreclosure information. This has been both good and bad for the homeowner facing foreclosure; good because homeowners have been able to learn much about their situation, and know that they were not alone, but bad because there is much “inaccurate” information about foreclosure defenses being presented. This article is intended to help the homeowner sort the good and the bad.

I write this knowing that I am going to receive significant negative feedback from many different sources. Some will be disputing what I write because they have heard of people with positive results. Some will argue because for them, the distribution of such information is part of their business model and the more people who know that what they “preach” is not effective, the less they will make. Others will disagree because I am at direct odds with certain people that they follow, ones who have high visibility, but have not stepped into court rooms in years. More will even argue that I side with the lenders.

There is a particular motivation for writing this. I receive phone calls daily and weekly from homeowners who have read these from sites, and are thinking that if they just do one thing or another, their problems will “magically” disappear. Others are Pro Se litigants, doing their own lawsuits instead of hiring attorneys. They want me to review their filings, advise them where they are wrong, or do Predatory Lending Examinations. I refuse to do this because I will not work with a person who does not have an attorney, and I am not an attorney and cannot give legal advice. The sad part is that in their filings, I can immediately spot so many errors that it is obvious that they should just start packing to move.

The criteria for being considered a "myth" includes the probability of a desired outcome, and/or…
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Zero Hedge

FDA Approves Gilead's Remdesivir To Treat COVID-19 Despite Data Showing Drug Doesn't Work

Courtesy of ZeroHedge View original post here.

Despite reams of data from an international WHO study raising serious questions about its efficacy, the FDA has finally approved the use of Gilead Science's remdesivir - a powerful antiviral originally developed to treat ebola - for the treatment of COVID-19, making it the first such drug approved to treat the virus in the US.

The FDA first granted the drug emergency authorization in May, allowing hospitals and ...



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Phil's Favorites

SPINNING WHEEL

 

SPINNING WHEEL

Courtesy of Almost Daily Grant's

Top of the heap no more. International Business Machines Corp. reported third quarter earnings on Monday, including $17.56 billion in revenues.  That’s down 2.6% from a year ago and 3.1% sequentially and the weakest result since the first quarter of 1997. 

While $2.58 in headline earnings per share was down 4% from a year ago, a series of salutary one-time adjustments spruced up that figure, which was 27% above the $1.89 per share derived from generally accepted accounting principles.  Even those GAAP results were flattered by a meager 7% corporate tax rate.  In 1985, when then-dominant IBM commanded a 6.4% share of the market cap-weighted S&P 500 (a record single-stock concentrati...



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Politics

How to track your mail-in ballot

 

How to track your mail-in ballot

Make sure you know when your ballot is arriving, and whether it’s been accepted for counting back at your election office. erhui1979/DigitalVision Vectors via Getty Images

Courtesy of Steven Mulroy, University of Memphis

Many voters who want to participate in the election by mail are concerned about when they’ll receive their ballot – and whether it will get back in time to be counted.

The pandemic has caused interest in ...



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ValueWalk

A New Judge At The Expense Of COVID Relief

By Ankur Shah. Originally published at ValueWalk.

What’s At Stake for Small Businesses with another Conservative Supreme Court Confirmation?

Q3 2020 hedge fund letters, conferences and more

Press Call - Monday - 2pm ET - Register

Senate Wants A New Judge At ...

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Biotech/COVID-19

Disney's pivot to streaming is a sign of severe COVID economic crisis still to come

 

Image by Eiji Kikuta from Pixabay

 

Disney’s pivot to streaming is a sign of severe COVID economic crisis still to come

Courtesy of Hamza Mudassir, Cambridge Judge Business School

Disney has announced a significant restructuring o...



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Kimble Charting Solutions

Doc Copper/Gold Indicator Breaking Out Again?

Courtesy of Chris Kimble

The Doc Copper/Gold ratio broke above a 2-year falling channel back in 2016 at (1). Following this breakout, it rallied for the next year. During that year, Copper related assets did very well!

The ratio peaked in the summer of 2018 and created a series of lower highs over the past two years.

The strength of late has the ratio attempting to break above dual resistance at (2).

If the ratio continues to push higher and succeeds in breaking out, Copper, Basic Materials (XLB), and ...



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Chart School

Dow Gann Angle Update

Courtesy of Read the Ticker

Time to see what happens to the Dow post US elections.

The Dow Gann Angle Target 3 (from 2007 top) is on the table, and what a ride that will be. The FED went BRRRRR is all the fundamental news you need to know. Gann angles are very good tool to see how the masses are pushing price.


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The last two US elections saw Bitcoin and the DOW rally well for 6 months, due to stimulus. The most bearish 2020 US Election case for the markets is a Biden win with the Senate and Congress controlled by the Democrats, somehow this blog feels that is very unlikely. So what could go wrong!


...

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Digital Currencies

Bitcoin: the UK and US are clamping down on crypto trading - here's why it's not yet a big deal

 

Bitcoin: the UK and US are clamping down on crypto trading – here's why it's not yet a big deal

Where there’s a bit there’s a writ. Novikov Aleksey

Courtesy of Gavin Brown, University of Liverpool

The sale and promotion of derivatives of bitcoin and other cryptocurrencies to amateur investors is being banned in the UK by the financial regulator, the Financial Conduct Authority (FCA). It is a...



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Mapping The Market

COVID-19 Forces More Than Half of Asset Management Firms to Accelerate Adoption of Digital Marketing Technology

By Jacob Wolinsky. Originally published at ValueWalk.

There is no doubt that the use of technology to support client engagement initiatives brings both opportunities and threats but this has been brought into sharp focus this year with the COVID-19 pandemic.

The crisis has brought to the fore the need for firms to enable flexibility in client engagement – the expectation that providers will communicate to clients on their terms, at their speed and frequency and on their preferred channels, is now a given. This is even more critical when clients are experiencing unparalleled anxiety from both market conditions and their own personal circumstances.

...

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The Technical Traders

Adaptive Fibonacci Price Modeling System Suggests Market Peak May Be Near

Courtesy of Technical Traders

Our Adaptive Fibonacci Price Modeling system is suggesting a moderate price peak may be already setting up in the NASDAQ while the Dow Jones, S&P500, and Transportation Index continue to rally beyond the projected Fibonacci Price Expansion Levels.  This indicates that capital may be shifting away from the already lofty Technology sector and into Basic Materials, Financials, Energy, Consumer Staples, Utilities, as well as other sectors.

This type of a structural market shift indicates a move away from speculation and towards Blue Chip returns. It suggests traders and investors are expecting the US consumer to come back strong (or at least hold up the market at...



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Lee's Free Thinking

Texas, Florida, Arizona, Georgia - The Branch COVIDIANS Are Still Burning Down the House

 

Texas, Florida, Arizona, Georgia – The Branch COVIDIANS Are Still Burning Down the House

Courtesy of Lee Adler, WallStreetExaminer 

The numbers of new cases in some of the hardest hit COVID19 states have started to plateau, or even decline, over the past few days. A few pundits have noted it and concluded that it was a hopeful sign. 

Is it real or is something else going on? Like a restriction in the numbers of tests, or simply the inability to test enough, or are some people simply giving up on getting tested? Because as we all know from our dear leader, the less testing, the less...



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Insider Scoop

Economic Data Scheduled For Friday

Courtesy of Benzinga

  • Data on nonfarm payrolls and unemployment rate for March will be released at 8:30 a.m. ET.
  • US Services Purchasing Managers' Index for March is scheduled for release at 9:45 a.m. ET.
  • The ISM's non-manufacturing index for March will be released at 10:00 a.m. ET.
  • The Baker Hughes North American rig count report for the latest week is scheduled for release at 1:00 p.m. ET.
...

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Philip R. Davis is a founder Phil's Stock World, a stock and options trading site that teaches the art of options trading to newcomers and devises advanced strategies for expert traders...

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