Mergers & Acquisitions Residential Real Estate Finance & Banking

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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

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

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

Reading the Tea Leaves

Ten trends in mergers and acquisitions in 2011 Midway through 2011, the factors impacting significant M&A activity are still in play, perhaps even more so. On the sell-side: Private equity funds seek to maximize...more

How Lawyers Can Add Value to Real Estate Transactions

Lawyers can be seen as the bane of real estate professionals’ existence, or a trusted advisor; an obstacle or a facilitator; an issue creator or a problem solver, and anywhere in between. The following are some practical...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

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

Proxy Access Proposal

On May 20, 2009, the Securities and Exchange Commission proposed amendments to the federal proxy rules to facilitate the rights of shareholders to nominate candidates for election as a corporate director, and to have those...more

Real Estate Tip: Investment Opportunities and Strategies for Acquiring Defaulted Community Facilities District (CFD) Bonds

An opportunity that investors have recently been exploring is the acquisition of defaulted CFD bonds which may present special advantages to the investor. Opportunities include: *foreclosing out lenders and fee owners,...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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