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Appeals › Accelerated Payments

Troutman Pepper

New York Appellate Court Decision Provides Guidance for Lenders in Foreclosure Actions

Troutman Pepper on

The New York Appellate Division for the Second Department recently issued a ruling that makes it more difficult for mortgage holders to foreclose on certain properties. ...more

Patton Sullivan Brodehl LLP

The Tender Rule — Reinstatement and Redemption are Different

Patton Sullivan Brodehl LLP on

Under California’s “tender rule,” a borrower suing to halt or unwind a wrongful foreclosure sale generally must allege that it tendered the amounts due on the loan before the sale. The rationale underlying the tender rule is...more

Dechert LLP

US Lenders - Missing Parenthesis Could Cost You a Bundle

Dechert LLP on

As the case of NNN Realty shows, years of litigation and legal costs could be avoided with proper use of punctuation marks. A lender made a secured real estate loan to several entities who owned the real estate as tenants in...more

Mintz - Public Finance Viewpoints

Federal Appellate Court Rules That Post-Acceleration Payment in Bankruptcy Constitutes Optional Redemption

Mintz - Public Finance Viewpoints on

The linked Mintz Levin client advisory discusses a recent Third Circuit Court of Appeals ruling that held a “make-whole” optional redemption premium to be due upon a refinancing of corporate debt following its automatic...more

Sheppard Mullin Richter & Hampton LLP

Third Circuit Upholds The Enforceability Of Make-Whole Premiums In Post-Bankruptcy Context

Sheppard Mullin Richter & Hampton LLP on

In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court of Appeals reversed two lower court opinions by holding that make-whole...more

Weintraub Tobin

Loan Document Interpretation – Wow! Drafter Beware.

Weintraub Tobin on

A California Court of Appeals recently opined on what appear to be fairly normal yield maintenance provisions. The Borrower defaulted. The bank accelerated the note and later foreclosed. The note provided that the prepayment...more

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