Legal League’s SIWG gathered the resources available when natural disasters strike, and the impact these programs have within the mortgage default space.

In advancement of this mission, this whitepaper from the LL100’s SIWG provides information about the “Valid-When-Made” Rule, an important doctrine governing maximum interest rates in lending and foreclosure in all states. This paper discusses the history of the doctrine, the origin of the 2020 rules promulgated by the OCC and FDIC, the Madden decision, as well as pending challenges to this Rule. As the challenges to this doctrine could impact lending, the secondary market and future foreclosures, the SIWG’s goal is that the following information will provide useful insights and assistance to the industry.