The CFPB Has Bigger Problems Than Being Unconstitutional
By Brian Harvey The United States Court of Appeals for the District of Columbia Circuit issued its ruling this week in PHH Corporation v. Consumer […]
Publication Category: Lender Alerts
Current Developments In Risk Management For Mortgage Brokers
By: John L. Hosack, Esq. and Jason E. Goldstein, Esq.* Whether a mortgage broker is acting as the agent of a borrower in negotiating a […]
Stop Notices and Mechanic’s Liens: Construction Lenders’ Nightmares
By: John L. Hosack, Esq. and Jason E. Goldstein, Esq. I. Introduction Historically low interest rates have led to the substantial growth in real estate […]
The Supreme Court Prohibits Chapter 7 Debtors From Stripping Off Wholly Underwater Liens in Bankruptcy
By: Anthony J. Napolitano, CPA, Esq. Buchalter Nemer Lender Alert, June 2015 On June 1, 2015, the United States Supreme Court in Bank of America, […]
U.S. Supreme Court Upholds Validity of Department of Labor’s Interpretation on Overtime Pay for Mortgage Loan Officers
By: Labor and Employment Group For the past several years, an action by the Mortgage Bankers Association has been brewing in the courts challenging the […]
The Full Credit Bid at a Foreclosure Sale: Don’t Make One Without the Advice of Knowledgeable Counsel
By: John L. Hosack, Esq. While the Great Recession appears to be slowly receding, rising oil costs and other price increases threaten to choke off […]
Ninth Circuit Opinion Highlights Vapor Intrusion Risks and Challenges Faced by Brownfields Developers and Their Lenders
By: Jeffrey B. Kirschenbaum, Esq. A recent ruling by the United States Court of Appeals for the Ninth Circuit illustrates the challenges faced by developers […]
Attention Secured Lenders: The 2010 Amendments to Article 9 are Beginning to Take Effect
By: Benjamin M. Heuer, Esq. and Robert Zadek, Esq. Article 9 of the Uniform Commercial Code, which governs security interests in transactions secured by personal […]
Closing Protection Letters: Overlooked Indemnity Coverage for Common Foreclosure Defense Claims
By: Joanne N. Davies, Esq. and Randall L. Manvitz, Esq. Mortgage lenders are all too familiar with borrowers’ assertions that they did not receive two […]
California Supreme Court Eliminates Lender Defense to Borrower Fraud Claims
By: James B. Wright, Esq. On January 14, the California Supreme Court issued its opinion in Riverisland Cold Storage v. Fresno-Madera Production Credit Assn., which […]