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Consumer Law : Foreclosure – State Registration

Stephanie Maniscalco//July 27, 2013//

Consumer Law : Foreclosure – State Registration

Stephanie Maniscalco//July 27, 2013//

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Even though a national banking association failed to register to do business in Arkansas with either the Arkansas Secretary of State or the Arkansas Bank Department it was not the exclusive means for becoming “authorized to do business” in the state and since the national banking association was chartered by the Office of the Comptroller of the Currency, the banking association could use the state’s non-judicial foreclosure statute.

Judgment is affirmed.

J.P. Morgan Chase Bank v. Johnson (MLW No. 65298 /Case No. 12-2370 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.) Appeal from the U.S. District Court, Eastern District of Arkansas, Holmes, J.

Read the full text of this opinion. (PDF)

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