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Lenders

Weiner Brodsky Kider PC

Rural Housing Service Seeks Comments on Proposed Changes

by Weiner Brodsky Kider PC on

The USDA’s Rural Housing Service is proposing to make several changes to its Single-Family Housing Guaranteed Loan Program. The proposed changes are intended to...more

Weiner Brodsky Kider PC

Texas Federal Court Refuses to Reconsider Denied Stay of Payday Rule Compliance Date, CFPB Hints at Further Rulemaking

by Weiner Brodsky Kider PC on

On August 7, 2018, a Texas federal court denied two payday lending trade groups’ motion for reconsideration of the court’s earlier order, which granted a stay of their lawsuit against the CFPB challenging the Payday Rule, but...more

Bracewell LLP

Focus on Finance: Tax Reform and the Banking Industry Revisited

by Bracewell LLP on

The Tax Cuts and Jobs Act (TCJA) has far-reaching implications for the banking and finance industry. In our very first Bracewell Tax Report, we noted certain issues that companies might consider when evaluating their...more

Patton Sullivan Brodehl LLP

Loan Guaranties: Statutory and Legal Defenses Can Be Waived, But What About Equitable Defenses?

Guarantors of loans occupy a vulnerable position under California law. While direct borrowers often benefit from California’s robust statutory anti-deficiency framework, those protections are often unavailable for...more

Locke Lord LLP

A Divisive Issue for Borrowers and Lenders: Delaware’s New LLC Division Statute

by Locke Lord LLP on

Delaware has adopted amendments to its Limited Liability Company Act that permit so-called “divisions” to be effected by a Delaware limited liability company (“LLC”). These amendments, which became effective on August 1,...more

Vedder Price

PDP Financing: An Overview

by Vedder Price on

This article discusses pre-delivery payment—or PDP—financing transactions for aircraft. PDPs are progress payments that a purchaser makes to a manufacturer while new aircraft are being built. ...more

Allen Matkins

Are You Ready for the Next Downturn? Ninth Circuit “Cramdown” Cases Affecting Real Estate Lenders

by Allen Matkins on

Plan Approval in a Multi-Debtor, Single-Plan Context - In In re Transwest Resort Properties, Inc., the Ninth Circuit addressed the Chapter 11 reorganization plan approval process where a single plan was proposed for...more

Vedder Price

EU Risk Retention Undertakings in U.S. General Equipment ABS: Evolving Market Practice

by Vedder Price on

For companies seeking to finance general equipment assets via asset backed securitization (ABS) instruments, risk retention has become an important consideration. In response to the latest financial crisis, both the U.S. and...more

Vedder Price

Global Transportation Finance Newsletter - August 2018

by Vedder Price on

In This Issue: - EU Risk Retention Undertakings in U.S. General Equipment ABS: Evolving Market Practice - PDP Financing: An Overview - Tax Reform’s Impact on Transportation Finance Transactions EU Risk Retention...more

Chambliss, Bahner & Stophel, P.C.

Promissory Notes and Medicaid

A promissory note is normally given in return for a loan and it is simply a promise to repay the amount. Classifying asset transfers as loans rather than gifts can be useful because it sometimes allows parents to "lend"...more

Patton Sullivan Brodehl LLP

Substandard Apartment Building Receiverships — Who Is On The Hook For Attorney Fees?

by Patton Sullivan Brodehl LLP on

Under California’s State Housing Law (Health and Safety Code sections 17910-17998.3), if an apartment building owner fails to comply with a notice to repair or abate building standard violations issued by an enforcement...more

Harris Beach PLLC

Loan Agreement Updates Needed for Delaware LLCs

by Harris Beach PLLC on

Lenders should modify restrictive covenants related to mergers, reorganizations, acquisitions and similar transactions in new and amended loan documents due to amendments to the Delaware Limited Liability Company Act...more

Bracewell LLP

Implied Terms: Fairness in hindsight is insufficient

by Bracewell LLP on

The Court of Appeal’s judgment in Bou-Simon v BGC Brokers LLP [2018] EWCA Civ 1525 reaffirms the law on implied terms. The Court also offered some interesting non-binding views on the circumstances in which words deleted from...more

White and Williams LLP

Mortgage and Pledge of Equity — Clogging the Equity of Redemption?

by White and Williams LLP on

A recent decision by the Supreme Court of New York, New York County, addressed the issue of whether the borrower's equity of redemption was being impermissibly "clogged" by a foreclosing lender. The case, HH Cincinnati...more

Allen Matkins

A Lender May Be Able to Both Foreclose on a Senior Lien and Seek a Deficiency on a Junior Lien

by Allen Matkins on

Since the 1992 decision in Simon v. Superior Court , California lenders holding senior and junior liens on the same real property were barred from both non-judicially foreclosing pursuant to the senior lien and seeking a...more

White & Case LLP

Pacific pioneers: Asian financial institutions enter Mexico: Legislative reforms open Mexico's financial sector to foreign...

by White & Case LLP on

In 2014, the Mexican government announced comprehensive reforms of the regulations governing financial institutions. Mexico amended, supplemented and repealed various legal provisions, including amending 34 legal statutes to...more

Weiner Brodsky Kider PC

FHA to Reduce False Claims Act use in FHA Lending

by Weiner Brodsky Kider PC on

Multiple sources have reported that FHA Commissioner Brian Montgomery recently stated that the Trump administration wants to curtail the use of the False Claims Act to bring more lenders back into FHA lending. Montgomery...more

Snell & Wilmer

The Credit Access and Inclusion Act Aims to Open Up Credit Availability to Low-Income and Minority Consumers

by Snell & Wilmer on

On June 25, 2018, the House passed legislation known as the Credit Access and Inclusion Act of 2017, with bipartisan support (H.R. 5078). The bill is intended to allow low-income and minority Americans more access to credit...more

Locke Lord LLP

FCA Motor Finance Review: Update Published

by Locke Lord LLP on

In March 2018, the FCA published an update on its work in the motor finance market. Having identified in July 2017 four key questions to review, the update covers the regulator’s progress so far in respect of each...more

Kramer Levin Naftalis & Frankel LLP

Delaware Bankruptcy Court Dismisses Committee’s Complaint Challenging Portion of Credit Bid

Recently, in Official Comm. of Unsecured Creditors v. Victory Park Capital Advisors, LLC (In re Katy Indus., Inc.), Case No. 17-50937 (Bankr. D. Del. July 6, 2018), the Bankruptcy Court for the District of Delaware dismissed...more

Dentons

The LMA's Export Finance Buyer Credit Agreement – a move towards standardisation of ECA-backed financings?

by Dentons on

In April 2018 the Loan Market Association (LMA) launched a new recommended form of facility agreement for use in export finance buyer credit transactions supported by an export credit agency (ECA): the "Export Finance Buyer...more

King & Spalding

Lenders – Caution Required

by King & Spalding on

Lenders need to adopt some risk mitigation techniques as the market operates in frothy conditions - Against a backdrop of optimistic asset valuations driving increased leverage multiples across the large cap and...more

Weiner Brodsky Kider PC

CFPB Cuts Cordray-Suggested Payday Lender Penalty in Half

by Weiner Brodsky Kider PC on

On June 13, 2018, the CFPB imposed a $5 million consent order on a large payday lender for mishandling credit data and instituting improper debt collection practices, contravening a Cordray-era suggestion that the Bureau levy...more

Womble Bond Dickinson

Is FinTech the Next TCPA Frontier?: New High-Powered Class Action against Fiserv, Inc. May Be Harbinger of Things to Come

by Womble Bond Dickinson on

A new federal class action complaint against Fiserv, Inc. was filed yesterday in the Eastern District of Wisconsin alleging violations of the Telephone Consumer Protection Act (“TCPA”). Fiserv–a leading provider of technology...more

White & Case LLP

Americanisation: The influence of US deal terms on the European real estate finance market

by White & Case LLP on

European real estate finance transactions are increasingly incorporating deal terms that, whilst often seen in US real estate finance deals, are less common in European deals. The popularity of real estate as an asset class...more

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

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

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

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Changes in Our Privacy Policy

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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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