Article
Interest On Escrow: A Deepening Split Leaves Mortgage Lenders In Uncertain Territory
A circuit split and new OCC regulations have created unprecedented uncertainty over whether federal law preempts state requirements that mortgage lenders pay interest on escrow accounts. With the Second Circuit finding preemption, the First and Ninth Circuits rejecting it, and ten states now challenging the OCC's nationwide preemption determination in court, mortgage lenders face a fragmented compliance landscape that demands jurisdiction-specific strategies and constant monitoring of rapidly evolving
Adams and Reese