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Fannie Mae, Freddie Mac Directed To Purchase Only QM Loans

On May 6, the FHFA announced that Fannie Mae and Freddie Mac must limit their future mortgage acquisitions to loans that meet the requirements for qualified mortgages under the CFPB’s January 2013 ability-to-repay/qualified...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

"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

Acquisition and Rehabilitation Opportunities: Projects with an Expiring Nine Percent Tax Credit Compliance Period

Residential rental projects financed with “9%” low income housing tax credits in the late 1990’s or early 2000’s offer, or will soon offer, special opportunities for acquisition/rehabilitation financing with tax exempt bonds...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

Legal Byte: Busted! if you “approve as to form & content?”

After negotiating an agreement for his client John, Attorney signs the agreement at the end stating that the agreement is “approved as to form and content.” A dispute arises between John and the other party, Mike. Now Mike...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

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

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

Morguard Corporation v. The Queen – When will a “break fee” be considered income?

In Morguard Corporation v. The Queen, 2012 TCC 55, Justice Boyle of the Tax Court of Canada considered whether a “break fee” received by a predecessor of the Appellant (for the purposes of this discussion, the “Appellant”) in...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

Final Rule for Disclosure Relating to the Acquisition of Legal Title to a Mortgage Loan

BACKGROUND On August 16, 2010, the Federal Reserve Board (“Board”) issued two proposed rules and three final rules governing federal Truth-in-Lending Act (“TILA”) requirements for residential mortgage loans. This Client...more

D.C. Purchases United Medical Center

The District of Columbia has purchased United Medical Center for $20 million after foreclosing on the property. There were no other bidders at the foreclosure sale, and no money will change hands. Please see full article...more

Negotiating Transactional Environmental Risks

When you are about to strike a business deal you often face environmental unknowns because of unfamiliarity with the venture, party or property involved. At the same time, new and revised environmental regulations which may...more

Lessons from a Corsican Mouse on the Practice of Law

Reprinted/posted with permission of the Daily Journal Corp (2009) I have had one lesson, taught twice, that was very important to my career and life, and rather than subject any of you to the abject humiliation of the...more

In Brief - General Comments on Legal Development of Concern to Business and Individuals

Mergers involve a variety of interesting legal aspects, including competition and antitrust issues. In separate articles, James Musgrove and Martin Masse discuss some of those from both a practical and legal perspective, and...more

Calculating IDA Benefits

Many times, the acquisition and development of commercial properties involve a local Industrial Development Agency (IDA), which provides financial assistance to the purchaser. Timing of the entrance of the IDA into the...more

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