What You Need to Know
- The Supreme Court found the 2nd Circuit applied the wrong standard in determining a state escrow interest law is preempted by federal law.
- Justice Brett Kavanaugh delivered the opinion for the unanimous court.
- The decision vacates the appeals court judgment and remands the case for further proceedings.
The U.S. Supreme Court delivered a partial victory to New York borrowers on Thursday, finding that a federal appeals court applied the wrong analysis when it struck down a state law requiring banks to pay interest on escrow accounts.
In a unanimous decision in Cantero v. Bank of America Thursday, the Supreme Court revived a class action against Bank of America over its alleged failure to pay interest on mortgage escrow accounts. The court held that the U.S. Court of Appeals for the Second Circuit applied the wrong standard in determining that New York’s 1974 escrow interest law is preempted by the 1864 National Bank Act.
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