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Lenders › Statute of Frauds

Miller Canfield

Practice Pointer: Should Lenders Use Pre-Negotiation Agreements?

Miller Canfield on

Some states feature statutes of frauds that protect lenders, but not all such statutes of frauds protect all lenders, and some offer more protection than others. Just as critically, many people now communicate predominantly...more

Buchalter

ABA California Lending Law- Section X

Buchalter on

A. Loan Commitments - Under California law, a loan commitment, which is commonly set forth in a commitment letter, is binding on a lender only if the commitment letter contains all of the material terms of the loan and...more

Womble Bond Dickinson

N.C. Court of Appeals Addresses Common Affirmative Defenses In Commercial Foreclosure Context

Womble Bond Dickinson on

A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the...more

Goodwin

California Appellate Court Holds Lender Failed to Follow HAMP Procedures

Goodwin on

The California Court of Appeal reversed a lower’s court’s dismissal of a lawsuit by a borrower alleging that her lender breached an agreement to offer a permanent loan modification after she made all required payments under a...more

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