The LSTA joined an amicus brief in a Colorado case that is considering the question, “can a loan validly originated become invalid because it is subsequently sold or assigned to another party?” Until very recently, the answer to that questions was emphatically no. The case in which the LSTA, the Bank Policy Institute and the American Bankers Association filed their brief, Fulford v. Marlette Funding, was brought by the Colorado Administrator of the UCC who is responsible for enforcing Colorado’s lending laws.
File | Marlette-Amici-Brief-in-Opp.-to-Mot.-for-Determination-of-Law-Final.pdf |
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