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Promissory Notes Assignments

A&O Shearman

You Get What You Get and You Don’t Get Upset: Delaware Bankruptcy Court Enforces Anti-Assignment Clause

A&O Shearman on

On June 20, 2018, the United States Bankruptcy Court for the District of Delaware issued a decision sustaining the debtors’ objection to the proof of claim filed by Contrarian Funds, LLC. The bankruptcy court found that the...more

Troutman Pepper

Important Lessons for Mortgage Lenders in Delaware

Troutman Pepper on

In a recent opinion, the Supreme Court of Delaware held that a mortgage holder must be entitled to enforce the underlying obligation that secures the mortgage in order to foreclose on the mortgage. As a result of the court’s...more

Womble Bond Dickinson

Lack of Original Note Can Be Fatal Enforcement

Womble Bond Dickinson on

In Emerald Portfolio, LLC v. Outer Banks/Kinnakeet Assoc., LLC, the North Carolina Court of Appeals refused to allow a debt purchaser to enforce a note where the original note was lost before it was transferred to a debt...more

Balch & Bingham LLP

Reach of Contractual Jury Trial Waivers Narrowed By Alabama Supreme Court

Balch & Bingham LLP on

In Ex Parte Acosta, No. 1140200, — So. 3d —, No. 1140200, 2015 WL 3537476 (Ala. June 5, 2015), the Alabama Supreme Court refused to incorporate a jury trial waiver from a collateral loan document into a Promissory Note. ...more

Miller Starr Regalia

California Foreclosure Law: California Supreme Court Grants Review Of The Keshtgar Decision

Miller Starr Regalia on

As reported in our blog article below, in June the Second District Court of Appeal held that California’s non-judicial foreclosure statutes do not grant a defaulting borrower the right to enjoin a foreclosure sale by alleging...more

Ballard Spahr LLP

District Court Issues Crucial Ruling on Pennsylvania's Recording Statute

Ballard Spahr LLP on

The U.S. District Court for the Eastern District of Pennsylvania has held that the failure to create and record written instruments evidencing assignments of mortgages and transfers of promissory notes secured by mortgages on...more

Snell & Wilmer

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

Snell & Wilmer on

Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been...more

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