Finance & Banking Mergers & Acquisitions Residential Real Estate

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Your daily dose of financial news - The Brief – 8.23.16

The 2d Circuit has refused the DOJ’s motion for reconsideration of the panel’s May decision overturning a jury verdict and accompanying $1.27 billion fine against Bank of America over its “Hustle” mortgage generation program....more

Your daily dose of financial news - The Brief – 8.16.16

ValueAct Capital Mgmt, an activist investor, has taken a $1.1 billion stake in Morgan Stanley with 38 million shares that represent about 2% of shares outstanding. Unlike normal activists (at least for now), ValueAct took the...more

Your daily dose of financial news - The Brief – 7.1.16

Yesterday, Hershey rejected Kraft spinoff Mondelez’s $23 billion takeover offer, but the dealmaking efforts may not be over. The success of any increased offer lies in the hands of the Hershey Trust Company, a charitable...more

M&A Update: New York Court of Appeals Rejects Extension of Common Interest Privilege to Merger Talks

On June 9, 2016, a divided New York Court of Appeals in a much-anticipated ruling held that the attorney-client privilege can only be maintained for communications involving third parties in situations where litigation is...more

"IRS Expands REIT Spin-Off Restrictions, Extends REIT Built-in Gains Period to 10 Years"

On June 7, 2016, the Internal Revenue Service (IRS) and Treasury Department issued new temporary regulations that have dramatic implications for all merger-and-acquisition activity by C corporations and real estate investment...more

Your daily dose of financial news The Brief – 5.16.16

We’ve been hearing a lot about Verizon’s bid for Yahoo. But it’s not alone. In fact, it’s bringing some odd folks to the table together. Case in point: Warren Buffet and Quicken Loans’ Dan Gilbert – NYTimes and Bloomberg...more

SEC Issues Guidance with respect to the Conversion of a REIT’s OP Units

On March 14, 2016, the Staff of the Securities and Exchange Commission (SEC) issued interpretative guidance in response to a request from Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated with respect...more

Your daily dose of financial news The Brief – 2.3.16

In what would be the largest acquisition of a foreign corporation ever, state-owned ChemChina is nearing a deal to purchase Switzerland’s Syngenta (besting US-based Monsanto’s overtures to do the same). The deal could help...more

Your daily dose of financial news The Brief – 11.19.15

NY state regulators have tagged Barclays with an extra $150 million in fines for its role in a Forex-manipulation scandal that’s already cost the bank $2.4 billion – NYTimes and Law360... As expected, the minutes from...more

Community Banking Excellence - Issue One 2015

In This Issue: - Another Perspective - Facing Merger Challenges. In 5, 4, 3, 2, 1.... - Real Property 101 for Community Bankers in the Spilman Footprint - Facet One of Social Media and Community Banks - Employees...more

Buying a Distressed Residential Subdivision: Are You Getting In Over Your Head?

There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the...more

M&A Brokers – What About George Babbitt?

Yesterday’s post mentioned a California broker-dealer exemption for mergers and acquisitions specialists – Rule 260.204.5. One astute and observant reader pointed out that California’s Real Estate Law may also be an issue. ...more

Successor Banks of FDIC assets Not so Jolly after Jolley - A New Duty to Investigate?

A recent California case appears to contradict the general rule holding that a successor bank that has acquired a commercial loan through an FDIC receivership may owe a duty to a commercial borrower to reasonably investigate...more

Proceed with Caution when Considering the Acquisition of a Busted Deal

Do not underestimate the importance of due diligence when evaluating the acquisition of a busted deal. In the world of land use and zoning, a busted deal is a planned real estate development that has failed, and the future of...more

"Specialty Finance Mergers and Acquisitions: Developments and Considerations"

In a rapidly evolving financial services landscape, mergers and acquisitions activity in the specialty finance sector was robust in 2012 and early 2013, and the pipeline for transactions in this space continues to be strong....more

2012 Real Estate Activities around the Globe

As some real estate markets of the world are beginning to rebound, and others continue their path to recovery, Orrick’s international team of real estate practitioners has been at the center of much of this activity advising...more

Mortgage Banking Update - September 07, 2012

In This Issue: - DOJ Settles 'Pattern or Practice' Fair Lending Case - Federal Courts Reject FDCPA Claims Based on Communication with Debtor’s Attorney and Attempt To Collect Debt Disputed with Prior...more

Mortgage Banking Update - August 09, 2012

In This Issue: - August Deadline for AML Compliance Is Here - 10th Circuit Court of Appeals: MERS Can Assign Deeds of Trust; Sending Letter To Lender is Insufficient To Assert Rescission Rights Under TILA -...more

Nationstar Acquires Aurora Bank Servicing Rights

Acquisition May Be of Interest to Originators/Correspondents Nationstar Mortgage LLC, an indirectly-held, wholly-owned subsidiary of Nationstar Mortgage Holdings Inc., has completed its acquisition of approximately $63.7...more

Mortgage Banking Update - July 12, 2012

In This Issue: - CFPB Proposes Amendments to RESPA and TILA - Defects in Chain of Title Must Be Raised Prior to Foreclosure - Borrower May Sue Over Lender’s Failure To Contact Prior to Foreclosure, California...more

“Sophisticated Investors” – how to determine; by Bruce E. Methven

Several securities-offering exemptions allow “sophisticated investors” to invest. The question is how to determine when potential investors are sophisticated. ...more

Mortgage Banking Update - May 10, 2012

In This Issue: - Borrower May Sue after Three Years to Rescind Mortgage Loan, 4th Circuit Rules - Mortgage Insurer Settles DOJ Discrimination Suit -HUD Face-To-Face Meeting Rule Gets Expansive Reading from...more

New Trend on China Real Estate Finance—Analysis on Real Estate Trusts and Private Equity Investment

Generally speaking, there are four types of resource of real estate finance, which are from banks, security market, trusts and funds. With the tightening controls the central government is taking toward developers on real...more

Global Tax Report - December 2011

In This Issue: Czech Republic — Investing in the Czech Republic; France — Inbound Investments Made by Non-Resident Investors; Germany — European Court of Justice: German WHT on Dividends Paid to EU/EEA Minority;...more

Points & Authorities - Summer 2011

In This Issue: 1. Anna Nicole Smith Strips Bankruptcy Court Jurisdiction 1. The Advent of ".anything": Journey into the Unknown 2. New Faces 2. Points from the President 3. Successful Strategies for...more

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