News & Analysis as of

Refinancing

2017 CREFC Annual Conference: Into the Heart of the Swamp

by Dechert LLP on

CREFC held its Annual Conference last week in Washington D.C. Given the current politically charged climate, 2017 felt like a very appropriate time to move the Annual Conference from its traditional home in New York to...more

Refinancing the Borrower through an Assignment and Assumption: When, Why, and How

by Blank Rome LLP on

In Part 1 of this two-part series, Jason I. Miller introduces the assignment and assumption structure and its benefits, discusses the factors a lender can use to determine whether it is ultimately a beneficial strategy to...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

An EU high court opinion yesterday about a trade deal with Singapore could throw yet another stumbling block in the way of Britain’s exit of the union. Read on for more on the intricacies of the EU division of competencies....more

Tax Lien Takes Priority Over Earlier Interest Where Deed is Improperly Executed

by Miles & Stockbridge P.C. on

In the recent case of The Bank of NY Mellon v. Ashley, et al., 119 AFTR 2d 2017-1207 (D.C. Md. 2017), the U.S. District Court for the District of Maryland held that, where taxpayer-husband alone executed a deed of trust in...more

Take It or Leave It

by Butler Snow LLP on

The Tennessee Court of Appeals recently found that a “take or leave it offer” extended by a lender to a borrower experiencing financial difficulty was not duress. SK Food Corp., et al. v. FirstBank, No....more

European leveraged debt - 2016 in review: Refinancing rules debt as issuers look to take advantage of circumstances

by White & Case LLP on

HEADLINES: ? Issuance improves in Europe after Q1 slump ? US issuance also sees post-Brexit bounce, but still down year-on-year ? Refinancing rules debt as issuers look to take advantage of circumstances ? Slow...more

Recent Cases Restrict Issuers' Ability to Avoid Paying Premiums

by White & Case LLP on

Indentures governing high yield and investment grade notes typically provide for a make-whole or other premium to be paid if the issuer redeems the underlying notes prior to maturity. The premiums are intended to compensate...more

Money, Dirt and Steel: Year End 2016

by Williams Mullen on

COPIES AND AFFIDAVITS ADMISSIBLE IN POWER OF SALE FORECLOSURE PROCEEDINGS - In the Matter of Foreclosure by Rogers Townsend & Thomas, __ N.C. App. ___, COA15-581 (April 15, 2016), was a Non-judicial foreclosure action...more

CMBS Loans In Hard-Hit Detroit, Cleveland, Take Creativity

Kenneth Fields was quoted in Andrew McIntyre’s Law360 article looking at hard-hit markets, including Detroit and Cleveland, that are having difficulty refinancing commercial mortgage-backed securities (CMBS) loans as the...more

CFPB issues report on servicemember complaints

by Ballard Spahr LLP on

A new CFPB report, “A snapshot of servicemember complaints,” focuses on issues related to VA mortgage refinancing. The report indicates that as of November 1, 2016, the CFPB had received over 12,500 mortgage complaints...more

Need To Fix That Accidental Release of a Deed of Trust?

N.C. Gen. Stat. § 45-36.6(b) provides that if a secured party erroneously records a release or satisfaction of a security instrument, then the secured party can file a document of rescission that will effectively rescind the...more

Italian Revenue Agency Ruling Reaffirms that the Substitute Tax Applies to Refinancing Transactions

by McDermott Will & Emery on

A recent ruling by the Italian Revenue Agency has reaffirmed the applicability of the Italian “substitute tax” to medium to long term loans in refinancing transactions. This had previously been denied in a controversial...more

Refinancing loans and valuations

by Allen & Overy LLP on

Liability for a negligent valuation relied upon by a lender in refinancing a pre existing loan facility would not be limited to any new funds advanced but extend to the entire refinanced facility. Had there not been a...more

Brexit: will the business impact reviews urgently being undertaken by lenders limit their ability to undertake day-to-day banking...

by Reed Smith on

Following the referendum result, there has been a great deal of discussion regarding lenders’ likely response to changing credit risks caused by the vote to leave the EU. This will be relevant to borrowers who are planning to...more

HUD Proposes Expanding Indebtedness Eligible for Refinancing with FHA-Insured Loans

by Baker Donelson on

The U.S. Department of Housing and Urban Development (HUD) recently published proposed revisions to its Handbook covering its Healthcare Insurance Mortgage Program under Section 232 of the National Housing Act (the Section...more

Court Dismisses Fiduciary Claim Between Mortgagor and Mortgagee

by Winstead PC on

In Fornesa v. HSBC Bank USA, N.A., plaintiff sought a damage award against a defendant mortgagor for compensatory and punitive damages, based on alleged predatory lending practices. 2016 Bankr. LEXIS 2011 (S.D. Tex. May 13,...more

The Southern District of New York’s Norske Skog Decision: What Constitutes A Refinancing May Be In The Eye of The Beholder

The recent decision by the United States District Court for the Southern District of New York in Citibank, N.A. v. Norske Skogindustrier ASA could be an important consideration for future drafting and interpretation of debt...more

A reset for debt in 2015?

by White & Case LLP on

At the beginning of 2015, it was believed that the high yield bond and leveraged loan markets would continue at the levels seen in 2014. Issuance had peaked and terms were loosening. Indeed, the first quarter started...more

Did the Fourth Circuit Just Create a Cause of Action for “Unconscionable Inducement” Under West Virginia Law?

by Burr & Forman on

In McFarland v. Wells Fargo Bank, N.A., 14-2126 (4th Cir. Jan. 15, 2016), the Fourth Circuit Court of Appeals examined the argument that a loan was substantively unconscionable because it vastly exceeded the worth of the...more

Senator Warren to address student loan activists

by Ballard Spahr LLP on

Senator Elizabeth Warren is scheduled to be the keynote speaker today for “National Student Debt Day,” an event in Washington, D.C. for “student loan activists from around the country.” The event is sponsored by Young...more

Mortgage company pays $7.4 million to settle TCPA violations

Mortgage Investors Corp. (MIC) settled a class action this week for $7.4 million for its alleged violations of the Telephone Consumer Protection Act (TCPA) in an Oregon federal court. Plaintiffs stated in their complaint that...more

Helpful News from IRS on Student Loan Bonds

On November 13, the IRS issued Notice 2015-78, providing favorable guidance on topics of interest to providers of “supplemental” or “alternative” student loans financed with tax-exempt bonds and to underwriters of such...more

Mortgage Applications Decrease in Week Following TRID Implementation

by Polsinelli on

New data from the Mortgage Bankers Association (MBA) shows that total mortgage applications decreased 27.6 percent from the previous week as a result of CFPB’s TILA-RESPA integrated disclosures (TRID) rule, which became...more

Wealth Management Update - October 2015

by Proskauer Rose LLP on

October Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The October § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

CFPB Lays Down the Gauntlet on Student Loan Servicing

by MoFo Reenforcement on

The CFPB and the U.S. Departments of Education and the Treasury have released a Joint Statement of Principles on Student Loan Servicing, accompanied by a CFPB report. In the CFPB’s press release announcing the publications,...more

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