Supreme Court of the United States · Official docket →
Flagstar Bank, N.A. v. William Kivett, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-15667 · judgment May 17, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The National Bank Act grants federally chartered banks both express and incidental powers. Those powers include the express authority to engage in real estate lending and the incidental power to administer associated escrow accounts used to pay real estate taxes, insurance, and similar fees. The Ninth Circuit has held that state laws that require banks to pay interest on funds held in mortgage escrow accounts, like California Civil Code § 2954.8(a), do not significantly interfere with those federally endowed powers and are not preempted. The Second Circuit has reached the opposite conclusion. The question presented is as follows: Whether the National Bank Act preempts state laws that, like California Civil Code § 2954.8(a), attempt to set the terms on which federally chartered banks may offer mortgage escrow accounts authorized by federal law.
Counsel of record
For petitioner
Jonathan Yates Ellis
McGuireWoods LLP
For respondent
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Case
Conference history
Distributed for 7 conferences
Amicus briefs
2 cert-stage
Proceedings
- Jul 12 2024Judgment Issued.
- Jun 10 2024Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Cantero v. Bank of America, N.A., 602 U. S. ___ (2024).
- Jun 03 2024DISTRIBUTED for Conference of 6/6/2024.
- Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
- Sep 13 2023DISTRIBUTED for Conference of 10/6/2023.
- Sep 13 2023Supplemental brief of petitioner Flagstar Bank, N.A. filed. (Distributed)
- Aug 30 2023Brief amicus curiae of United States filed. VIDED.
- Mar 27 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Mar 13 2023Supplemental brief of petitioner Flagstar Bank, N.A. filed. (Distributed)
- Mar 08 2023DISTRIBUTED for Conference of 3/24/2023.
- Jan 17 2023Rescheduled.
- Jan 11 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 03 2023Rescheduled.
- Dec 21 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 20 2022Reply of petitioner Flagstar Bank, N.A. filed. (Distributed)
- Dec 16 2022Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Dec 13 2022Brief of respondents William Kivett, et al. in opposition filed.
- Dec 08 2022Letter from counsel for petitioner regarding amendment to corporate disclosure statement filed.
- Dec 02 2022Response to motion to further extend the time to file a response from petitioner filed.
- Dec 02 2022Motion to further extend the time to file a response denied.
- Dec 01 2022Motion to further extend the time to file a response from December 13, 2022 to December 28, 2022, submitted to The Clerk.
- Nov 23 2022Brief amici curiae of Bank Policy Institute, et al. filed.
- Nov 10 2022Response to motion to extend the time to file a response from petitioner filed.
- Nov 10 2022Motion to extend the time to file a response is granted and the time is extended to and including December 13, 2022.
- Nov 09 2022Motion to extend the time to file a response from November 28, 2022 to December 13, 2022, submitted to The Clerk.
- Oct 27 2022Response Requested. (Due November 28, 2022)
- Oct 25 2022DISTRIBUTED for Conference of 11/10/2022.
- Oct 19 2022Waiver of right of respondent William Kivett, et al. to respond filed.
- Oct 11 2022Petition for a writ of certiorari filed. (Response due November 14, 2022)