News & Analysis as of August 16, 2025

Loans

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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 +

Insurers in the securitisation market: Securitisations of lifetime mortgages

Herbert Smith Freehills Kramer on 6/9/2025

We have seen a marked increase in the volume of structured finance transactions involving lifetime mortgage products in recent years (both funding transactions and the sale and purchase of lifetime mortgage books through...more

Structured Finance Spectrum – Winter 2025

Alston & Bird on 3/5/2025

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a close look at business development companies, an introduction to project...more

Appellate Court of Maryland Holds That “Loss Before Foreclosure Rule” Applies to Non-Recourse Reverse Mortgages

Rosenberg Martin Greenberg LLP on 8/3/2023

The “loss before foreclosure rule” provided for in the Restatement (Third) of Property (Mortgages) §4.8 specifies that when improvements on secured property are destroyed by fire and the loan is due and payable, where a...more

Seventh Circuit Requires Proof in FCA Suits That False Statement in Mortgage Insurance Application Caused Subsequent Default

Bradley Arant Boult Cummings LLP on 7/6/2023

In its June 14, 2023, decision in United States ex rel. Michelle Calderon v. Carrington Mortgage Services, LLC, No. 22-1553, 2023 WL 3991013, (7th Cir. 2023), the Seventh Circuit explained the high bar for relators to prove...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 23, 2015

Carlton Fields on 10/27/2015

REAL PROPERTY UPDATE - Foreclosure/Documentary Stamp Tax: deferred interest on a “pick-a-payment” mortgage did not amount to future advance, which would have required payment of documentary stamp tax - Steinberg v. Wells...more

Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014

Carlton Fields on 10/7/2015

The U.S. Department of Justice (DOJ) obtained a record $5.69 billion in settlements and judgments from civil cases involving fraud and false claims against the government in fiscal year 2014. This marks the first time the DOJ...more

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

Troutman Pepper on 8/26/2015

BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a...more

CFPB Provides Guidance on Private Mortgage Insurance Cancellation and Termination Requirements

Burr & Forman on 8/17/2015

On August 4, 2015 the Consumer Financial Protection Bureau (CFPB) issued a compliance bulletin on the private mortgage insurance (PMI) cancellation and termination provisions contained in the Homeowners Protection Act (HPA)....more

Flood Insurance Reform Bill with Escrow Amendments Awaits President’s Signature

Ballard Spahr LLP on 3/19/2014

The U.S. House of Representatives and Senate recently passed, and the President is expected to sign into law, amendments to the Biggert-Waters Flood Insurance Reform Act of 2012 (the Act). The legislation seeks to address...more

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