News & Analysis as of August 16, 2025

Financial Institutions

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Fannie Mae Updates Multifamily Loan Documents

Miles & Stockbridge P.C. on 7/18/2025

Fannie Mae recently announced updates to its Multifamily Loan Documents with Lender Letter (25-04). Since that time, Fannie Mae released a revised Lender Letter (25-04R) that changed the mandatory date for use of the loan...more

Good faith in secured finance?

A&O Shearman on 2/27/2025

The court implied a good faith term constraining a lender’s discretion to refuse a borrower's request to dispose of assets in a secured financing context. A power to consider requests for disposals - A facility agreement...more

Indemnity or indemNOTy? The difference between a guarantee and an indemnity

A&O Shearman on 2/26/2025

A bank sought payment under “deeds of indemnity” related to swap agreements which were part of a number of Dutch mortgage-backed securitisations. The mortgage provider refused to pay, a key argument being that the “deeds...more

CFPB Warns Against Deception in Contracts for Consumer Financial Products and Services

Hinch Newman LLP on 6/6/2024

On June 4, 2024, the Consumer Financial Protection Bureau issued a circular warning against the use of unlawful or unenforceable terms and conditions in contracts for consumer financial products or services. According to the...more

Something Special, April 2021 | Issue No. 23: What’s So Special about Special Purpose Entities?

Cadwalader, Wickersham & Taft LLP on 4/29/2021

Lenders often require their borrowers to be “special purpose entities” in real estate transactions. This is a way that lenders can mitigate their bankruptcy risk in the event that the borrower or any of its parent entities...more

Leasehold Financing: Key Issues for Mortgage Lenders

White and Williams LLP on 4/17/2018

When entering into a long-term ground lease, one of the ground lessee’s principal concerns is assuring that its leasehold interest in the property is “financeable.” A mortgage lender providing financing to the holder of a...more

Florida Court Confirms Substantial Compliance Standard Concerning Foreclosures

Carlton Fields on 10/6/2015

The Florida Second District Court of Appeal recently issued a long-awaited opinion in Green Tree Servicing v. Milam. Until this decision, the district courts in Florida had not spoken directly on the issue of whether strict...more

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