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Promissory Notes Financial Institutions

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights: V 4, Issue 2, March 2024

Volume 4, Issue 2, 2024 Welcome! Welcome to the second issue of Promissory Notes - our banking and finance e-newsletter - for 2024. Business today is characterized by relentless change. To assist our clients in navigating...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights, Issue 1

Welcome to our inaugural issue of Promissory Notes -- our e-newsletter focused on banking and finance insights. This monthly publication will look at the top news stories in the industry, while also explaining WHY those news...more

Ballard Spahr LLP

Federal court rejects Madden and finds loan valid when made per OCC final rule, but remands case to allow discovery on true lender...

Ballard Spahr LLP on

In an order issued August 12, 2020, the United States District Court for the District of Colorado relied on the OCC’s “Madden fix” rule to hold that, under Section 27 of the Federal Deposit Insurance Act, 12 U.S.C. § 1831d, a...more

Troutman Pepper

Important Lessons for Mortgage Lenders in Delaware

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In a recent opinion, the Supreme Court of Delaware held that a mortgage holder must be entitled to enforce the underlying obligation that secures the mortgage in order to foreclose on the mortgage. As a result of the court’s...more

Troutman Pepper

Equitable Liens: No Mortgage Does Not Necessarily Mean No Lien

Troutman Pepper on

Marcum v. Marcum (In re Marcum), 508 B.R. 499 (Bankr. M.D. Fla. 2014) – A creditor made two prepetition loans to a chapter 13 debtor for payment of delinquent real estate taxes. The loans were supposed to be secured by...more

Burr & Forman

Foreclosure Plaintiffs Cannot Rely Solely on Their Status as Parent Corporation

Burr & Forman on

The ownership of the promissory note by a subsidiary corporation of the Plaintiff cannot alone establish standing to foreclose. In HSBC Bank USA, N.A. v. Ryan Kahan, et al., the Court granted the borrowers’ motion for...more

Burr & Forman

Florida Appellate Court Provides Guidance on Proof Required to Enforce Lost Negotiable Instruments

Burr & Forman on

As Florida works through its foreclosure backlog, many of the cases remaining are those with complications, for example a lost promissory note. Such issues are not insurmountable, but do require an attention to detail. For...more

Ballard Spahr LLP

Florida Court of Appeals Reverses Foreclosure of Reverse Mortgage by Expanding the Definition of “Borrower” to Include Surviving...

Ballard Spahr LLP on

Home equity conversion mortgages, commonly known as “reverse mortgages” are popular loan products in Florida. In order to foreclose on a reverse mortgage, the lender generally must allege that all conditions necessary to...more

Dorsey & Whitney LLP

SEC Fines Adviser $20 Million Based on Conflicts

Dorsey & Whitney LLP on

Failure to disclose conflicts of interest and/or to comply with firm procedures are the predicates for a series of SEC enforcement actions involving regulated entities. The most recent example of these trends is an action...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending July 10, 17 & 24, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Eviction/Summary Judgment: Error to grant summary judgment where plaintiff failed to refute multiple affirmative defenses including an assertion that the eviction would cause an inequitable...more

Baker Donelson

Liberalization of Louisiana Foreclosure Law: Cat on a Hot Tin Roof

Baker Donelson on

Legislation liberalizing Louisiana foreclosure law was signed by Louisiana’s governor on June 5. House Bill 697 becomes effective on August 1, 2015. One particular area where lenders strive to use technology involves...more

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