News & Analysis as of

Lenders Residential Real Estate Market

Ballard Spahr LLP

Developing Opportunistic Real Estate Lending Market Poised to Thrive

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A unique set of conditions appear to be setting up a market that is primed for opportunistic real estate lending and investing opportunities with private credit positioned to thrive. Higher interest rates, increased operating...more

J.S. Held

Examining the Uniform Commercial Real Estate Receivership Act in Shaping Arizona’s Real Estate Receiverships

J.S. Held on

Historically, Arizona courts have granted receivers certain powers and duties related to commercial real estate and certain residential property in accordance with A.R.S. § 12-1241,1 and A.R.S. § 12-1242.2 For example,...more

Blake, Cassels & Graydon LLP

Le Canada assouplit les restrictions à l’achat d’immeubles résidentiels par des non-Canadiens

Le 27 mars 2023, le gouvernement fédéral a annoncé des modifications visant à assouplir les restrictions à l’achat d’immeubles résidentiels par des non-Canadiens dans certaines circonstances. Entrées en vigueur le 27...more

Blake, Cassels & Graydon LLP

Canada Relaxes Restrictions on Non-Canadians Buying Residential Property

On March 27, 2023, the federal government announced amendments intended to relax the restrictions on non-Canadians purchasing residential property in certain circumstances. These amendments came into force as of March...more

Alston & Bird

Appraisal Values and Lender Liability: Art, Science, or Gamble?

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As part of the Biden Administration’s stated focus on narrowing the racial gap in wealth and homeownership, federal agencies launched an Interagency Task Force on Property Appraisal and Valuation Equity (PAVE), with the goal...more

Hogan Lovells

What can the real estate industry expect from the next German government?

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The new coalition government is to take office today. It has published its “coalition agreement” setting out the basis for its actions in the next four years and in its “Building and Living” section, it describes its agenda...more

Goodwin

Fed Proposes Guidelines for Access to Master Accounts and Payment Services

Goodwin on

In This Issue. The Board of Governors of the Federal Reserve System (Federal Reserve), in response to an increased number of inquiries and access requests from companies with fintech and other narrow purpose charters, invited...more

Benesch

Landmarks Newsletter - Summer 2019

Benesch on

It wouldn’t be the summer edition of Landmarks without our annual recap of the retail real estate industry’s largest event, ICSC RECon, which takes place every May in Las Vegas. Each year, RECon serves as a barometer for...more

Gray Reed

An Oil and Gas Case to Expect From Louisiana, and Another From Texas

Gray Reed on

Anyone seeking stability in the law governing E&P activities in Louisiana will view the lower court decision as a grave error that must be corrected. Virtually every mortgage provides safeguards to protect collateral and...more

Kramer Levin Naftalis & Frankel LLP

In re Lutz – A Value’d Decision Under Section 363(f)(3)

The Bottom Line - The Bankruptcy Court for the District of New Jersey denied the Debtors’ request for approval of a sale of property free and clear of liens encumbering the property. The court determined that the term...more

Holland & Knight LLP

West Coast Real Estate Update: November 2016 #2

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California Appellate Court Overturns “Sham Guaranty” Defense - The single-purpose entity (SPE) has become a ubiquitous tool in commercial real estate acquisitions and financing in California. Lenders increasingly require...more

Snell & Wilmer

Guarantors’ “Lost Profits” Completely Offset Lender’s Deficiency Claim

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Believe it or not, lenders can breach loan agreements too…and when they do, there can be significant consequences. In Great Western Bank v. LJC Dev., LLC, 726 Ariz. Adv. Rep. 21 (Ariz. Ct. App. Nov. 10, 2015), the Court of...more

Robinson+Cole Data Privacy + Security Insider

New Landmark Consumer Disclosure Rules Trigger Privacy Concerns

The Consumer Financial Protection Bureau’s new “Know Before You Owe” mortgage disclosure rule is designed to prevent surprises at the closing table, but with increased transparency come concerns over borrower and seller...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending September 18, 2015

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REAL PROPERTY UPDATE - Default Judgment/Voidable: because default judgment was merely voidable, rather than void, where complaint upon which judgment was based failed to state a cause of action, Rule 1.540(b) was not...more

Stinson LLP

CFPB Releases New Online Tools for Consumers Ahead of the Know Before You Owe Initiative

Stinson LLP on

In November 2013, as mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Consumer Financial Protection Bureau (“CFPB”) combined various federal mortgage disclosures that lenders are required to...more

Ballard Spahr LLP

FHA Solicits Public Comment on Proposed Information Collection for Its “Loan-Level” and “Lender-Level” Certifications

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The Federal Housing Administration (FHA) published two notices soliciting public comment on proposed information collection for its Single Family Loan Level Certification and Annual Certification on September 1, 2015....more

Burr & Forman

Sixth Circuit Weighs in on TCPA “Prior Express Consent”

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The U.S. Court of Appeals for the Sixth Circuit recently addressed both the timing and scope of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”). The plaintiff in Stephen M. Hill v. Homeward...more

Bradley Arant Boult Cummings LLP

Fill the Gap Between You and Your Property Rights - Emerging Issues in Title Insurance

Hall Eady and Spencer Mobley from the Firm’s Title Insurance Litigation Team discussed emerging issues in the world of title insurance including recent interpretations of key terms and conditions in standard form lender’s...more

Bilzin Sumberg

Sunset of Distressed Condominium Relief Act Extended

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The Distressed Condominium Relief Act enacted as Part VII of the Condominium Act in 2010 (“Act”) was a temporary measure to encourage absorption of unsold condominium units arising as a result of the Great Recession. This...more

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