News & Analysis as of

Lenders

Hogan Lovells

Financing Africa's future - Who is taking the lead in lending?

by Hogan Lovells on

On 5th July 2018, Hogan Lovells hosted its 5th annual Africa Forum themed "Africa Fit for the Future". One of the key sector sessions was led by Shalini Bhuchar, an asset finance partner, who chaired a panel of leading...more

Ward and Smith, P.A.

Will Bankruptcy Courts Treat Bitcoin as a Commodity?

by Ward and Smith, P.A. on

What is virtual currency? Is it money? Is it a commodity? Is it a hybrid of the two or something else entirely? The answer to the question has profound implications for lenders seeking to secure loans with virtual...more

McGuireWoods LLP

Auto Lender Pays $11.8 Million to Resolve UDAAP Allegations

by McGuireWoods LLP on

The CFPB also recently announced an $11.8 million settlement of a UDAAP (Unfair, Deceptive and Abusive Acts & Practices) enforcement action in the auto finance space. This action, where the CFPB made no allegations that a...more

Weiner Brodsky Kider PC

Colorado Voters Approve Initiative to Limit Interest Rates and Fees on Payday Loans

by Weiner Brodsky Kider PC on

On November 6, 2018, Colorado voters passed Proposition 111, which caps the annual percentage rate (APR) on payday loans to 36%, inclusive of fees. The changes made by Proposition 111 will go into effect on February 1, 2019....more

Patton Sullivan Brodehl LLP

Not All Deed of Trust Attorney Fee Clauses are Created Equal

by Patton Sullivan Brodehl LLP on

Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed of trust says something about fee recovery, right? It’s not that simple....more

SmithAmundsen LLC

The Pitfalls Of Not Giving A Lien Notice To Buyers Of Farm Products

by SmithAmundsen LLC on

We know the drill for obtaining a perfected security interest in crops (corn and soybeans) and other farm products as collateral: (1) Have the borrower execute a security agreement granting a lien on the crops and (2) File a...more

Manatt, Phelps & Phillips, LLP

Online Lender Settles With FTC Over Refinancing Misrepresentations

Issuing a warning to other lenders, the Federal Trade Commission (FTC) reached a deal with an online lender over charges the company violated the FTC Act by making false statements about student loan refinancing....more

K&L Gates LLP

Distressed Solutions: The Ins and Outs of Receiverships

by K&L Gates LLP on

Receiverships are an extraordinary remedy that can maximize the return to creditors by freezing assets and allowing a third party to conduct necessary litigation. John Gardner (Raleigh) and David Neu (Seattle) join host...more

Womble Bond Dickinson

Undisputed? Allegations of Inconsistent Communications from Auto Lender Survive Motion to Dismiss

by Womble Bond Dickinson on

In Hindle v. Toyota Motor Credit Corporation, 2018 WL 6033484 (D. Mass. Nov. 16, 2018), Plaintiffs alleged that they wanted to own their Prius rather than continue to lease it in order to lower their monthly payments....more

Ward and Smith, P.A.

I Want to Foreclose But I Can't Find My Note. Do I Have a Problem?

by Ward and Smith, P.A. on

In my last article, I discussed whether inconsistent dates on a promissory note and deed of trust could cause problems in foreclosure. But what if you can't even find the original promissory note? Perhaps it was...more

Kramer Levin Naftalis & Frankel LLP

Court Holds that Holders of Nonrecourse Debt Do Not Have Standing to File Involuntary Bankruptcy Petition

The Bottom Line - The Bankruptcy Court for the Southern District of New York recently held in Taberna Preferred Funding IV, Ltd. v. Opportunities II Ltd. (In re Taberna Preferred Funding IV, Ltd.), No. 17-11628 (MKV),...more

Kramer Levin Naftalis & Frankel LLP

IRS Paves the Way for Lenders to Obtain Guarantees and Collateral From (and 100% Stock Pledges of) Foreign Subsidiaries

Background On Oct. 31, 2018, the Internal Revenue Service issued proposed regulations under Section 956 of the Internal Revenue Code that will eliminate the adverse tax consequences when a U.S. parent corporation (i)...more

Allen & Overy LLP

Spanish Stamp Duty on mortgages: is the drama over?

by Allen & Overy LLP on

Background - On 10 October 2018, the Spanish Supreme Court issued a ruling changing its traditional criterion and establishing that the lenders (and not the borrowers) would be liable for the payment of the stamp duty...more

Perkins Coie

In re Fagerdale USA-LOMPOC Inc.: Defensive Purchase of Claims to Avoid Cramdown Deemed Not “Bad Faith”

by Perkins Coie on

A secured lender facing the prospect of having the essential provisions of its loan re-written in a Chapter 11 plan of reorganization will look for options to prevent or minimize the likelihood of such a revision. Chapter 11...more

Ward and Smith, P.A.

Lenders: Take a Hint! Forbearance or Modification Agreements Should Contain Specific Waiver Language to Protect Against...

by Ward and Smith, P.A. on

Lenders must comply with a constantly changing series of State and Federal laws and regulations. When loan relationships sour, and lenders seek to collect, borrowers and guarantors may allege the lender has violated some...more

Sullivan & Worcester

New Delaware LLC Right of Division

by Sullivan & Worcester on

To maintain its national preeminence, the Delaware Legislature recently amended the State's Limited Liability Company Statute to grant Delaware LLCs a right which will be of concern to lenders. It amended its LLC law to...more

Dentons

2019 Banking Code of Practice Update

by Dentons on

The new Banking Code of Practice (2019 Code) comes into effect on 1 July 2019. The 2019 Code has been referred to in the Royal Commission’s Interim Report and is expected to be part of a reform agenda to improve banking...more

Weiner Brodsky Kider PC

Oklahoma Amends Consumer Loans Provisions

by Weiner Brodsky Kider PC on

Effective November 1, 2018, Oklahoma’s consumer loan provisions will be amended to (1) allow the charge of convenience fees for the use of certain electronic payments, (2) set a maximum amount that may be charged for the...more

Jones Day

Proposed Treasury Regulations Permit Foreign Subsidiary Credit Support for U.S. Multinational Financings

by Jones Day on

The proposed regulations, released October 31, 2018, generally provide tax-free treatment to a U.S. corporate parent of a controlled foreign corporate subsidiary ("CFC") for deemed dividends triggered when the CFC provides...more

Alston & Bird

Structured Finance Spectre - October 2018

by Alston & Bird on

PRACTITIONER NOTES – Frankenstein’s Monster? Rosemary’s Baby? The Twins from the Shining? How Lenders are thinking about the Delaware Division Statute and Division LLCs - Recent amendments to the Delaware LLC Act (the...more

Dentons

Unleashing the equity within

by Dentons on

Executive Summary - - Property developers are borrowing money secured by the remaining units in their developments that have not yet sold, for both refinancing, and to unlock equity that can be used as working capital,...more

Weiner Brodsky Kider PC

FHFA Announces New Initiative for Limited English Proficient Borrowers

by Weiner Brodsky Kider PC on

On October 15, 2018, the FHFA, along with Fannie Mae and Freddie Mac, announced the launch of a centralized clearinghouse of online resources intended to help lenders, servicers, housing counselors, and other real estate...more

Patterson Belknap Webb & Tyler LLP

Sears: Another Retail Giant Turning to Bankruptcy Court for Help

Started as a mail-order retailer, evolved to brick-and-mortar stores in urban areas and expanded to a big-box retailer through merger, Sears is now facing the most turbulent time in its history. On October 15, 2018, Sears...more

McGuireWoods LLP

California Passes Small Business Truth-in-Lending Law

by McGuireWoods LLP on

On September 30, 2018, California enacted the nation’s first small business truth-in-lending law when Governor Jerry Brown signed into law SB 1235. The law aims to protect small businesses from predatory lending practices by...more

K&L Gates LLP

Distressed Solutions: Representing Non-US Entities in US Bankruptcy Cases

by K&L Gates LLP on

U.S. Bankruptcy Courts present unique challenges for non-US entities. In this episode, Lee Hogewood (Raleigh), Sven Nylen (Chicago), and host Jeffrey Kucera (Miami) discuss how they have helped non-US entities overcome...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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