News & Analysis as of September 20, 2024

Mortgages › Financial Instruments

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Purchase Money Financing: Not Just for Homeowners

Lowndes on 8/3/2022

In recent years, many property owners have refinanced their mortgages to take advantage of low interest rates. When interest rates rise, buyers may prefer to assume a seller’s existing loan since new loans have higher...more

Banking and finance regulatory news, October 2020

Hogan Lovells on 10/6/2020

IRB UK mortgage risk weights: PRA CP14/20 - The UK Prudential Regulation Authority (PRA) has published a consultation paper, CP14/20, on proposals to introduce new expectations on internal ratings based (IRB) approach UK...more

Am I a party entitled to enforce a promissory note?

McGlinchey Stafford on 6/23/2020

Shareholder Derivative Lawsuit Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative...more

Florida’s Second DCA Clarifies on Standing if New Case is Commenced While the Clerk Possesses the Note

Burr & Forman on 11/1/2018

On October 31, 2018, Florida’s Second District Court of Appeal recently distinguished two of its prior opinions and held that a foreclosure plaintiff does not lose its standing as a holder of a negotiable instrument if it...more

Despite Second Shot at Ascertainability Post-Petrobras, Renewed Motion To Certify Falls Flat On Predominance Grounds

Carlton Fields on 5/30/2018

Royal Park, an investment company, recently suffered its second defeat in its attempt to certify a class action against Deutsche Bank regarding bond-like instruments collateralized by mortgages held in trusts entitling...more

After-Acquired Title Doctrine Held Applicable to Subsequent Purchaser

Burr & Forman on 11/18/2015

In BCML Holding LLC v. Wilmington Trust, N.A., the purchaser of a property at an association foreclosure sale for unpaid assessments contended that the first mortgage was void ab initio because title to the property wasn’t...more

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