Is federal preemption still available, it looks like our software provider has removed this checkbox from our system, but i am not sure why. We originate our loans from Indiana, and without the premetion then we can only charge a max late fee of $18.50. Are we missing something witht this?
I assume you are referring to the federal preemption to state usury statutes that has been in place since the ’80s. I am not aware of any change in federeal law that impacts the preemption. You should check with your vendor for clarification of why the box was eliminated. I suspect it is part of ongoig streamlining efforts.