No. 25-1350October Term 2025Before Arguments
Flagstar Bank, N.A., Petitioner v. William Kivett, et al.
from the United States Court of Appeals for the Ninth Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Ninth Circuit.
Question presented
Whether the National Bank Act preempts state interest-on-escrow laws that, like California Civil Code § 2954.8(a), attempt to set the financial terms on which federally chartered banks may offer mortgage escrow accounts authorized by federal law.
- Case path
United States Court of Appeals for the Ninth Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Flagstar Bank asked the Supreme Court to decide whether the National Bank Act overrides state laws that require federally chartered banks to pay interest on mortgage escrow accounts. The petition points to California's law and comes as lower courts have split after the Court's 2024 Cantero decision.
Argument
No oral argument is scheduled, and the case is still at the petition stage. The petition asks whether federal law overrides state rules that set interest terms for mortgage escrow accounts at national banks.
Impact
The answer could affect borrowers whose monthly mortgage payments include money held for taxes and insurance, as well as national banks that manage those accounts. In states with these laws, the case could determine whether account terms come from state rules or federal banking law.
What is Flagstar Bank v. Kivett about?
The case asks whether the National Bank Act overrides state laws requiring national banks to pay interest on mortgage escrow funds. California's law is the example in the petition.
Who could be affected by Flagstar Bank v. Kivett?
Homeowners with mortgage escrow accounts and federally chartered banks could be affected. The case could shape whether state law sets interest terms on escrow balances.
What happens next in Flagstar Bank v. Kivett?
The justices must first decide whether to grant certiorari (agree to hear the case). If they take the case, watch for scheduling moves, including briefs and a possible argument date.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology