News & Analysis as of

Safe Harbors Foreclosure

McGlinchey Stafford

Is my class action moot? - McGlinchey Commercial Law Bulletin, February 2022

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Ohio- Tortious Interference Gerace v. Biotheranostics, Inc., 8th Dist. Cuyahoga No. 110440, 2022-Ohio-302- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that an employer...more

Tonkon Torp LLP

Oregon’s Latest Residential Eviction Relief Bill Hopefully Will Be The Last

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The long saga of the COVID-19 residential eviction moratorium in Oregon continues with the recent passage of Senate Bill 278, but there are indications that this may be the end of the road...more

King & Spalding

CFIUS, Bankruptcy, Foreclosures, and Debt Restructuring

King & Spalding on

Foreign Investment Reviews of Distressed Assets - As discussed in detail in our previous Client Alert, on February 13, 2020, the Committee on Foreign Investment in the United States (“CFIUS”) issued two Final Rules...more

Vinson & Elkins LLP

DOJ And FTC Finalize New Vertical Merger Guidelines

Vinson & Elkins LLP on

On June 30, 2020, the Department of Justice and the Federal Trade Commission released new Vertical Merger Guidelines (“Guidelines”), which explain how the agencies assess mergers and acquisitions of companies at different...more

Dechert LLP

Third Circuit Clarifies the Inner Workings of Foreclosure on Repo Collateral

Dechert LLP on

In the fifth opinion involving the repo liquidation saga of HomeBanc, the Third Circuit addressed several crucial issues involving the liquidation and valuation of repo collateral in bankruptcy. In re HomeBanc Mortg....more

Bradley Arant Boult Cummings LLP

Part I: Navigating the Maze of Servicing Discharged Debt

Mortgage servicers are plagued by their nebulous relationships with the borrowers who discharge their personal liability in bankruptcy. Issues arise when the borrower whose debt has been discharged continues to engage with...more

Smith Debnam Narron Drake Saintsing & Myers,...

Consumer Financial Services Spring 2018 Update

District Court Takes Expansive View of Deceptive or Misleading Practices under FDCPA - The FDCPA prohibits a debt collector from using "any false, deceptive, or misleading representation" in connection with the collection...more

Sherman & Howard L.L.C.

IRS Issues a Memorandum on Substantiation Guidelines for Safe-Harbor Hardship Withdrawals from 401(k) Plans

On February 23, 2017, the Internal Revenue Service (“IRS”) issued a Memorandum to IRS agents. The Memorandum identified the steps agents should take, in examining a 401(k) plan, to confirm that a hardship withdrawal is...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending October 7, 2016

Carlton Fields on

Foreclosure: debtor that agreed to “surrender” property in bankruptcy was required to surrender the property to the bankruptcy trustee and secured creditor, and lost right to defend secured creditor’s foreclosure action...more

Snell & Wilmer

What Do I Do With This Stuff? Dealing With Abandoned Property After Foreclosure

Snell & Wilmer on

You’ve successfully foreclosed on a commercial building in California, and, thankfully, the borrower moved out after foreclosure or after a period of tenancy. But the borrower left behind all sorts of property – furniture,...more

Bradley Arant Boult Cummings LLP

Florida Appellate Court Rules Lis Pendens Does Not Bar Post Judgment Liens

In a recent decision issued by the Fourth District Court of Appeal, the court held that while a lis pendens may discharge liens that exist prior to entry of a final judgment of foreclosure, it does not affect those that...more

Bradley Arant Boult Cummings LLP

Florida Appellate Court Bolsters Statutory HOA Safe Harbor

A significant opinion from the Florida Third District Court of Appeal further clarifies the extent of the Florida statutory homeowners association (HOA) “safe harbor.” In the end, entities that obtain title through judicial...more

Buchalter

Points & Authorities - Spring 2015

Buchalter on

In this Issue: - Negotiating Strategies for the Successful Sale of Technology Companies - Broker Beware: Are Real Estate Brokers Susceptible to Agent v. Agent Fee Splitting Disputes After Sanowicz v. Bacal? -...more

Dechert LLP

U.S. Consumer Financial Protection Bureau Issues Rules on Qualified Mortgages and Ability to Repay

Dechert LLP on

Congress in the Dodd-Frank Act responded to concerns about the quality of mortgage loans by establishing incentives for lenders to seek to ensure that borrowers had the ability to repay mortgage loans made to them. In...more

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