Latest Publications

Share:

Legal and Business Strategies Regarding FDIC Takeover of Silicon Valley Bank

This alert is meant to supply some valuable information for landlords that currently hold tenant letters of credit from Silicon Valley Bank (“SVB”). SVB was closed this morning by the California Department of Financial...more

Entities Engaged Solely In The Enforcement of Security Interests Are Not "Debt Collectors" Under The Fair Debt Collection...

The United States Supreme Court recently issued a unanimous decision in Obduskey v. McCarthy & Holthus LLP holding that entities engaged in the principal purpose of enforcing security interests are not, with limited...more

Ninth Circuit's Definition Of "Consumer Reporting Agency" Will Help Lenders Stay Compliant, But Dissent May Presage Future...

A divided panel of the Ninth Circuit recently published a decision in Zabriskie v. Federal National Mortgage Association, in which the court addressed the question of whether Fannie Mae's use of proprietary underwriting...more

Are You Ready For The Next Downturn?

A PRIMER ON KEY CASES AFFECTING COMMERCIAL REAL ESTATE LENDERS IN CALIFORNIA - When will the next economic downturn arrive? Prognosticators give a wide variety of opinions on that question, with some predicting many months...more

California Court of Appeal Clarifies Critical Homeowner Bill of Rights Satisfaction Requirement

Lenders pursuing foreclosure of residential properties in California must satisfy the requirements of the California Homeowner Bill of Rights (HBOR), set forth at Cal. Civ. Code Sections 2920, et seq. HBOR's requirements...more

Appellate Decision Underscores Title Review as Critical to Lien Priority

In a decision recently certified for publication, Bear Creek Master Ass'n v. S. Cal. Inv'rs, Inc., the California Court of Appeal found that an assessment lien recorded against a golf course property in 2014 had priority over...more

12/3/2018  /  Appeals , Deed of Trust , Lien Priority

Two Recent Decisions Potentially Expand Fraudulent Transfer Exposure in Ponzi Schemes

Two recent decisions from the Fifth Circuit and Eighth Circuit could expand the fraudulent transfer exposure of unknowing third parties that provide goods, services, or funding to companies operating Ponzi...more

Financial Institutions May Post Online Privacy Disclosures

The Consumer Financial Protection Bureau ("CFPB") recently amended Regulation P, which requires – in connection with the Gramm-Leach-Bliley Act – that financial institutions provide an annual disclosure of their privacy...more

New California Court of Appeal Decision Reaffirms General Rule that Residential Lenders Owe no Duty to Borrowers, Including in the...

In a recent decision, Lueras v. BAC Home Loans Servicing, LP, 2013 Cal. App. LEXIS 886, the California Court of Appeal returned to the general rule that, absent unique circumstances giving rise to a duty of care, lenders do...more

New California Court of Appeal Decision May Affect Administration of Foreclosure-Avoidance Actions

California's Legislature responded to the residential foreclosure crisis by, among other things, enacting new statutes aimed at clarifying the rights of borrowers facing foreclosure and imposing new restrictions on...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide