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Under this doctrine, debt buyers may purchase loans from national banks and collect interest at the same rate as the original lender, regardless of the usury laws of the state they operate in. The doctrine entered common law during the 19th century and was codified in a final rule by the Office of the Comptroller of the Currency in 2020. [1]
Usury laws protect borrowers in many states and some borrowers nationwide from being charged excessively high interest rates. However, state standards for excessive interest vary widely, and ...
Usury laws are state laws that specify the maximum legal interest rate at which loans can be made. In the United States, the primary legal power to regulate usury rests primarily with the states. Each U.S. state has its own statute that dictates how much interest can be charged before it is considered usurious or unlawful. [77]
The state of California has 29 statutory codes. California Law Colorado: Colorado Revised Statutes: Colorado Revised Statutes Connecticut: Connecticut General Statutes: 1958: From the Code of 1650 to the Revision of 1958 (revised to January 1, 2017), 16 complete revisions have been done.
Introduced in the Senate as "Economic Growth, Regulatory Relief, and Consumer Protection Act" by Mike Crapo (R–ID) on November 16, 2017; Committee consideration by Banking; Passed the Senate with amendment on March 14, 2018 Passed the House on May 22, 2018 Signed into law by President Donald Trump on May 24, 2018
[15] [full citation needed] Some state banking regulations also contain similar lending limits applicable to state-chartered banks. [16] Both federal and state laws generally allow for a higher lending limit (up to 25% of capital and surplus for national banks) when the portion of the credit that exceeds the initial lending limit is fully secured.
Many U.S. states have usury laws limiting the amount of interest a lender can charge. Federal law allows a national bank to "import" these laws from the state in which its principal office is located. [9] Delaware (among others) has relatively relaxed interest laws, [10] so several national banks have decided to locate their principal office in ...
State anti-usury laws cannot be enforced on nationally chartered banks based in other states; only laws of state in which banks are located apply, and regulation of interest rates on national banks making interstate loans can only be enacted by Congress or the appropriate state legislature: Court membership; Chief Justice Warren E. Burger