On November 26, the U.S. District Court for the Central District of California entered judgment in favor of a real estate company plaintiff, concluding that the defendant, a title guaranty company, breached its duty of care...more
Key Takeaways: Ninth Circuit reaffirms that the National Bank Act does not preempt California’s escrow-interest law: The court found no significant interference with national bank powers and again upheld the state’s...more
A recent ruling by the US Court of Appeals for the First Circuit could signal heightened exposure for lenders and servicers to state escrow-on-interest statutes, along with greater litigation risk. Case Background- In...more
Tennessee developers continue to rely on the Horizontal Property Act (“HPA”) as a familiar framework for condominium ownership. The Tennessee Condominium Act of 2008 (“Condominium Act”) introduced a more modern alternative,...more
Speaking at the Clearing House’s annual conference, Comptroller of the Currency Jonathan Gould assured industry leaders that the agency remains steadfast in defending federal preemption under the National Bank Act....more
Comptroller of the Currency Joseph Gould is vowing that his agency will take a variety of steps to promote federal preemption. Speaking as part of a fireside chat at the Clearing House’s annual conference, Gould said that...more
What Happened? Effective September 19, 2025, the Division of Financial Institutions (“Division”) of the Ohio Department of Commerce adopted amended rules (the “Amended Rules”) under the Ohio Residential Mortgage Lending Act...more
In a multipart series, we're examining important points to consider when negotiating commercial real estate purchase and sale contracts from the perspectives of buyers and sellers. This first post in our series offers...more
On September 22, the U.S. Court of Appeals for the 1st Circuit vacated a district court’s dismissal of a class action lawsuit alleging a national bank failed to pay interest on mortgage escrow accounts as required by Rhode...more
On September 22, 2025, a panel of the First Circuit Court of Appeals issued a significant opinion in Conti v. Citizens Bank, N.A., holding unanimously that the National Bank Act does not preempt a Rhode Island statute...more
The United Arab Emirates has a vibrant real estate market. It has been experiencing consistent growth, and attracting international investment, particularly in the emirate of Dubai. Many expatriates in the country are looking...more
This article is the third in a multi-part series based on the Lowndes white paper, “Selling & Acquiring Distressed Real Estate in Florida.” Each installment will examine key legal and strategic considerations for acquiring...more
On June 17, 2025, the United States District Court for the District of Rhode Island dismissed pro se plaintiffs’ claims against the Rhode Island Housing and Mortgage Finance Corporation (R.I. Housing) for alleged violations...more
When bankruptcy courts and state courts vie for authority in complex financial disputes, the outcome can reshape recoveries for creditors, investors, and businesses. This tension was front and center in Silverman v....more
The TSX Venture Exchange (TSXV) has announced updates to its policy on escrow and resale restrictions. The immediately effective updates amended and renamed Policy 5.4 – Capital Structure, Escrow and Resale Restrictions (New...more
Privately held businesses are rarely bought or sold “as is.” Buyers of most businesses usually expect the sellers to make a comprehensive set of “representations” or “reps.” In other words, statements about the business that...more
For followers of developments related to National Bank Act (NBA) preemption and the United States Supreme Court’s related decision in Cantero v. Bank of America, N.A., 602 U.S. 205 (2024), the waning days of 2024 proved...more
While the new year presents an opportunity for businesses to look forward and set goals for performance in 2025, former owners of medical practices or other health care-related businesses who sold their enterprises in 2024...more
The Israel Securities Authority recently published a legal staff position aimed at clarifying the applicability of the Payment Services and Payment Initiation Regulation Law to activities conducted within trust/escrow...more
The CFPB recently issued a final rule increasing the asset exemption threshold for the Truth in Lending Act (TILA) requirement to maintain an escrow account for a higher-priced mortgage loan (HPML)....more
I regularly check the posts in the Maryland Lawyers group on Facebook. Posts often contain useful general information about the courts, such as with MDEC. Other times, lawyers share potential client referrals. But mostly I...more
Representation & Warranty Insurance (“RWI”) is specialty insurance coverage purchased for M&A deals which provides third-party insurance coverage for certain breaches of the Seller’s representations and warranties in the...more
Indemnification is a key component in virtually every M&A deal, serving as a detailed and nuanced contractual risk allocation device between the Buyer and Seller. Though drafted in a two-way fashion, indemnity operates in the...more
In a significant development for state unclaimed property programs, Wisconsin has joined a bipartisan coalition of 30 states in reaching a settlement with Delaware, effectively concluding a long-standing dispute over...more
What is the typical size of an adjustment escrow? A common rule of thumb is 1% of overall deal value, but the size varies depending on deal value and the underlying characteristics of the business (including the net working...more