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9th U.S. Circuit Court of Appeals

Oct. 3, 2025

Divided 9th Circuit reaffirms interest-on-escrow law

The panel ruling, on remand from the U.S. Supreme Court, leaves California's rule intact over a dissent arguing the statute is preempted by federal law.

A divided 9th U.S. Circuit Court of Appeals panel on Thursday upheld a state law requiring banks to pay interest on home mortgage escrow accounts over a dissent maintaining that a May 2024 U.S. Supreme Court decision "effectively overruled" its 2018 precedent.

The Supreme Court opinion, by Justice Brett M. Kavanaugh, provided no guidance to lower courts about whether state laws requiring interest payments are preempted by amendments to the National Bank Act, part of the...

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