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Mezzanine Foreclosures in the Time of Coronavirus

A recent New York County Supreme Court decision has temporarily halted a mezzanine UCC foreclosure sale by granting the borrower’s request for a stay based on allegations that the terms of the mezzanine foreclosure were not...more

Loan Applicants Lack Standing to Sue Lenders for Claimed Violations of the CARES Act

Key Takeaways - The CARES Act did not explicitly or implicitly give private plaintiffs a right to sue lenders for supposed violations of that statute.   - The Small Business Administration has primary responsibility for...more

Second Circuit Issues Reversal in Closely Watched Marblegate Case

In a 2-1 opinion, the Second Circuit overruled the district court in Marblegate Asset Management LLC v. Education Management Corp., finding no violation of the Trust Indenture Act (“TIA”) in connection with an out-of-court...more

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