At times, lenders lose the promissory notes on defaulted loans. Lost notes are problematic because, in order to have standing to foreclose, a lender may be required in many states, including in New York, to possess the...more
6/28/2016
/ Banking Sector ,
Commercial Loans ,
Default ,
ECOA ,
Foreclosure ,
Guarantors ,
Hawkins v Community Bank of Raymore ,
Loans ,
Promissory Notes ,
Regulation B ,
SCOTUS ,
Spousal Guaranty ,
Standing ,
Uniform Commercial Code (UCC)
On March 22, 2016, the U.S. Supreme Court issued its first 4-4 decision following the death of Justice Antonin Scalia, thereby affirming the 8th Circuit in Hawkins v. Community Bank of Raymore. The Court’s per curiam opinion...more
On July 10, 2013, the Consumer Financial Protection Bureau (CFPB) issued two bulletins that directly affect all consumer lenders and creditors that are subject to the Dodd-Frank Act.
Bulletin 2013-07 puts creditors on...more
In This Issue:
- Missouri Foreclosures: A Changing Landscape?
- Missouri Law on Non-Judicial Foreclosure: A Primer Measuring Deficiencies Under Missouri Law
- Fischer & Frichtel
- Sunrise Farms
-...more
Originally published in Bank News, November 2012.
The most critical component of the relationship between the lead bank and its participants, and the source of most disagreements, is communication. A prudent lead bank...more
Originally published in BankNews - October 2012.
Throughout the years, I have had the privilege of working with many clients who were either a lead bank or a participant in a participated loan. Invariably, the work...more
10/31/2012