News & Analysis as of

Refinancing

White & Case LLP

Ten years on: The surprising resilience of European leveraged finance: The market pauses for breath in 2018

by White & Case LLP on

• In Europe, leveraged loan issuance is down 28 per cent year-on-year to €202.5 billion in 2018, but is up on all years between 2014 and 2016 • High yield bond issuance is down 37 per cent year-on-year • Leveraged loans...more

White & Case LLP

New Polish Tax Reforms Bring Much-Needed Structural Certainty Allowing Direct Issuances by Polish Issuers

by White & Case LLP on

European Leveraged Finance Alert Series: Issue 1, 2019 - New Polish laws, effective 1 January 2019, have reformed the tax treatment of a number of different taxable business activities. In particular, the Ministry of...more

Weiner Brodsky Kider PC

9th Circuit: DU Does Not Make Fannie Mae a Consumer Reporting Agency

by Weiner Brodsky Kider PC on

On January 9, 2019, the U.S. Court of Appeals for the Ninth Circuit held that Fannie Mae is not a consumer reporting agency under FCRA, and is therefore not liable under FCRA for inaccurate information generated by its...more

Weiner Brodsky Kider PC

9th Circuit Applies 6-year Statute of Limitations to TILA Rescission Claims

by Weiner Brodsky Kider PC on

On December 6, the U.S. Court of Appeals for the Ninth Circuit reversed the lower court’s dismissal of TILA allegations brought against a bank, finding that Washington’s six-year statute of limitations governing contracts...more

Stange Law Firm, PC

Refinance After Divorce

by Stange Law Firm, PC on

In many divorce matters, parties own a house jointly. When a married couple owns a home together, this is known by tenancy by the entireties. In these instances, the married couple is also on the mortgage together if the home...more

Ballard Spahr LLP

CFPB Settles With VA Lender Regarding Claims of Deception

by Ballard Spahr LLP on

The CFPB recently filed a complaint and a proposed stipulated final judgment and order to address claims that Village Capital & Investments LLC (Village) engaged in deceptive acts and practices in the solicitation of veterans...more

Weiner Brodsky Kider PC

FTC Settles with Online Student Loan Refinancer

by Weiner Brodsky Kider PC on

An online student loan refinance company has agreed to a consent order with the FTC over claims that the company deceptively advertised the amount student loan borrowers saved or would save by refinancing their loans through...more

Goodwin

Online Student Loan Refinance Company Settles FTC Charges Over False Advertisements

by Goodwin on

On Monday, October 29, 2018, the Federal Trade Commission (“FTC”) announced that it reached a settlement agreement with an online student loan refinancer relating to charges that the company deceptively advertised inflated...more

Latham & Watkins LLP

IFLR Cross-border Financing Report 2018 - UK

by Latham & Watkins LLP on

Despite the economic uncertainty surrounding Brexit, given London’s undiminished role as a centre for debt finance markets in the UK remain open for business with healthy levels of debt issuance occurring so far in 2018...more

Ballard Spahr LLP

House Passes Bill to Address Unintended Ginnie Mae Securitization Issue Created by S.2155

by Ballard Spahr LLP on

The U.S. House of Representatives recently passed H.R. 6737 to amend the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) to address a technical issue that prevented mortgage lenders from including...more

Bryan Cave Leighton Paisner

Lender’s “Boilerplate” Disavowal Dooms Rescission of a Common Loan Modification Agreement

by Bryan Cave Leighton Paisner on

In a case with potentially broad implications, the Sixth Circuit becomes the first federal circuit court to hold that the Truth in Lending Act provides no right to rescind a loan modification agreement entered into with a...more

Weiner Brodsky Kider PC

Ginnie Mae Restricts Three Issuers

by Weiner Brodsky Kider PC on

On June 1, 2018, Ginnie Mae announced that three mortgage lenders are restricted from including VA single-family guaranteed loans in Ginnie Mae I securities or Ginnie Mae II Multi-Issuer securities because of a pattern of...more

Weiner Brodsky Kider PC

Dodd-Frank Reform Bill Affects Ginnie Mae Securities Eligibility

by Weiner Brodsky Kider PC on

On May 24, 2018, President Trump signed into law the Economic Growth, Regulatory Relief, and Consumer Protection Act (S.2155 / P.L. 115-174, or the “Act”). The Act, among other things, changed requirements regarding...more

Kramer Levin Naftalis & Frankel LLP

Opportunistic CDS Strategies Available to CDS Protection Sellers Part II: McClatchy and Sears

In this second part, we analyze two recent situations where a proposed refinancing dramatically affected the CDS market for the reference entity because of the reduction in the sell-side risk. Although these cases may or may...more

Jaburg Wilk

Inadvertent Transmutation - How What was ‘Mine’ became ‘Ours’

by Jaburg Wilk on

We frequently represent clients who have engaged in some type of transaction with his or her spouse during the marriage that inadvertently causes them to lose certain rights to property unknowingly. This often happens in the...more

Dentons

Recent developments on moneylending

by Dentons on

In the recent case of Ang Ai Tee v Resource Credit [2017] SGHC 159, the High Court set aside the defendant’s statutory demand for repayment of debt on the ground that the loan refinancing scheme imposed excessive interest and...more

Weiner Brodsky Kider PC

1st Circuit Court of Appeals Finds Foreclosure Sale Not Rendered Void by Statutory Violations or Breach of Mortgage Instrument

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the First Circuit recently rejected arguments that a foreclosure sale was rendered void by the defendants’ violations of certain Massachusetts statutes, or by defendants’ violation of a section...more

White & Case LLP

European leveraged debt lifts off: Issuers in the driving seat

by White & Case LLP on

As the asset class has grown in popularity, the average leveraged loan size in Europe has leapt up. In 2017, it grew to €782 million—up from €705 million in 2016 and €586 million in 2015. On the refinancing front, one of...more

Weiner Brodsky Kider PC

FHA Issues Instructions for Lenders regarding the Modification of Initial Mortgage Insurance Premium for HECM Refinance Cases

by Weiner Brodsky Kider PC on

On December 29, 2017, FHA posted on its website, Home Equity Conversion Mortgages (HECM) for Lenders, the formula for calculating the new Initial Mortgage Insurance Premium (IMIP) amount for HECM refinance cases....more

Allen & Overy LLP

Negligent valuations and refinancing: a lesson for lenders on recovery

by Allen & Overy LLP on

The Supreme Court unanimously held that a lender was only entitled to recover new money, which had been advanced as part of a loan refinancing, in its claim against a negligent valuer (whose report it relied upon in entering...more

Foley & Lardner LLP

Tax Reform and Tax-Exempt Bonds: Risks Presented by the Tax Cuts and Jobs Act

by Foley & Lardner LLP on

On November 2, 2017, the “Tax Cuts and Jobs Act” was introduced in the House of Representatives. This act has immediate and far-reaching implications for tax-exempt finance. Among other things, the Tax Cuts and Jobs Act...more

Dechert LLP

Global Private Equity Newsletter - Fall 2017 Edition: Recent Developments in Acquisition Finance

by Dechert LLP on

A delicate balance has evolved over time in leveraged acquisitions with respect to the nature of the contractual relationship between a target and its owners, on the one hand, and the debt financing sources of the buyer, on...more

Miles & Stockbridge P.C.

Commercial Borrowers Should be Familiar with the Refinance Exemption in Order to Avoid Paying More Taxes than Necessary

by Miles & Stockbridge P.C. on

It is pretty well known that Maryland imposes taxes upon the sale/purchase of real property. The State requires both a recordation tax and a transfer tax to be paid whenever an ownership interest in property is transferred....more

Goodwin

Home Financing Company Settles with State of New Jersey

by Goodwin on

On June 22, 2017, the New Jersey Office of the Attorney General (“New Jersey AG”) ??and the New Jersey Division of Consumer Affairs (“New Jersey DCA”) announced a settlement with a Georgia financing company that facilitates...more

Dechert LLP

2017 CREFC Annual Conference: Into the Heart of the Swamp

by Dechert LLP on

CREFC held its Annual Conference last week in Washington D.C. Given the current politically charged climate, 2017 felt like a very appropriate time to move the Annual Conference from its traditional home in New York to...more

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