News & Analysis as of

Lenders › Mortgages › Commercial Bankruptcy

Mayer Brown

Bankruptcy Court Denies Stay Relief Thereby Preventing Enforcement of Deed in Escrow Transaction

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In a recent opinion and order, the US Bankruptcy Court for the Southern District of Illinois denied a secured lender’s motion for relief from the automatic stay in order for the lender to record a deed being held in escrow...more

Miller Canfield

Receiverships Under Michigan's New Assignment of Rents Act

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The Michigan Uniform Assignment of Rents Act (“MUARA”), which takes effect on September 22, 2022, strengthens both the right to obtain a receiver and the power of the receiver to collect past due rent. The MUARA also confirms...more

Goodwin

FHFA Eliminates Adverse Market Refinance Fee

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In This Issue. The Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac will no longer charge lenders the Adverse Market Refinance Fee; the Federal Deposit Insurance Corporation (FDIC) is seeking...more

Cadwalader, Wickersham & Taft LLP

Don’t Lend No Hand to Raise No Flag Atop No Ship of Fools: Breach of SPE Provisions by Non-Borrower Exposes Non-Borrower to...

Cadwalader, Wickersham & Taft LLP on

A recent decision of New York’s highest court potentially strengthens the ability of lenders to bring suits against third parties for participation in a borrower’s breach of single purpose entity/bankruptcy remote loan...more

Ballard Spahr LLP

Advice to Companies Engaging in Restructuring Documents With Lenders and Landlords

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We are currently at the beginning of an economic downturn being driven by a worldwide, viral pandemic that has resulted in an abrupt and massive disruption of normal business....more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Developments in the Enforceability of Make-Whole Premiums in the Second Circuit

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In March 2019, Judge Stuart M. Bernstein of the U.S. Bankruptcy Court for the Southern District of New York ruled that lenders using clear and unambiguous language in their loan agreements may be entitled to prepayment...more

BakerHostetler

Financial Services 2017 Year-End Report

BakerHostetler on

Welcome to the 2017 Year-End Report from our financial services industry team. We are pleased to share our analysis of some of the key developments in the financial services industry in 2017 and our expectations for 2018. ...more

Spilman Thomas & Battle, PLLC

Community Banking Excellence - First Quarter 2016

Spilman Thomas & Battle, PLLC on

In This Issue: - Another Perspective: We interviewed Michelle Crook, CFO of the Bank of Botetourt, and Chris Snodgrass, CFO for Bank of Marion, for our Community Banking Excellence this quarter. We wanted to know...more

Troutman Pepper

Post-Confirmation: Ignoring Court Orders Is Not A Good Idea

Troutman Pepper on

In re Castle Home Builders, Inc., 520 B.R. 98 (Bankr. N.D. Ill. 2014) – The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans.  When the servicer for some of the...more

Blank Rome LLP

Lenders' risk: Who really owns the collateral?

Blank Rome LLP on

Unlike real estate transactions where a lender can obtain title insurance, secured lenders are often relying upon the representations and warranties in their loan agreement and the borrower’s audited financial statements, if...more

Bilzin Sumberg

$2.8 Million First NLC Settlement

Bilzin Sumberg on

Fall-out from the subprime and Alt-A mortgage crisis continued recently with court approval of a multi-million dollar settlement of a lawsuit filed against former top officers of what had been one of the country’s leading...more

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