On January 10, 2025, the Maryland Office of Financial Regulation issued emergency regulations revised to clarify that “passive trusts” holding residential mortgage loans must obtain a Mortgage Lender License and if the trusts...more
Currently, each filer under the SEC’s EDGAR system has a single set of access codes that permits access to the filer’s EDGAR account and the holder(s) of those access codes to make SEC filings on its behalf. Anyone...more
On September 27, 2024, the Securities and Exchange Commission (the “Commission”) adopted a final rule designed to modernize access to and use of accounts on the Commission’s Electronic Data Gathering, Analysis, and Retrieval...more
As we reported in our Client and Friends memo last month, the Third Circuit published an opinion on March 19th finding that statutory trusts such as those that make up the National Collegiate Student Loan Trusts (the “NCSLT...more
On March 19, 2024, the Third Circuit handed down a decision that statutory trusts used as issuing entities for securitizations are considered “covered persons” for purposes of the Consumer Financial Protection Act ("CFPA"),...more
On November 27, 2023, the Securities and Exchange Commission (the “Commission”) adopted Rule 192 under the Securities Act of 1933 (the “Securities Act”), a rule that is designed to prohibit “material conflicts of interest” in...more
On October 30, 2023, the Securities and Exchange Commission issued an order (the “Order”) that grants exemptive relief under Rule 15c2-11 under the Securities Exchange Act of 1934 to brokers and dealers that publish...more
On January 25, 2023, the Securities and Exchange Commission (“SEC” or “Commission”) issued a release (the “Re-Proposal”) proposing Rule 192 under the Securities Act of 1933, as amended (the “Securities Act”), a rule that is...more
The SEC’s Division of Trading and Markets issued a new no-action letter yesterday that removes the requirement that Rule 144A information be made publicly available prior to a broker-dealer publishing a quotation or...more
On August 26, 2020, the Securities and Exchange Commission (the “SEC”) announced the adoption of amendments to modernize the description of business, legal proceedings, and risk factor disclosures that registrants are...more
This memorandum provides an update regarding the further delay in the application of the transparency regulatory technical standards (“RTS”) (which include the new reporting templates) under the EU Securitisation Regulation....more
On October 16, 2018, the New York State Court of Appeals held that contractual attempts to extend the statute of limitations for causes of action involving breaches of contract are unenforceable because they violate New York...more
10/19/2018
/ Appeals ,
Breach of Contract ,
Cause of Action Accrual ,
Mortgages ,
Motion to Dismiss ,
Nonconforming Use ,
Quicken Loans ,
Representations and Warranties ,
RMBS ,
Securitization ,
Statute of Limitations ,
Time-Barred Claims ,
Trusts
This briefing reviews developments in European CMBS since the financial crisis and focuses on (1) 2011-15 European CMBS transactions (“2011-15 European CMBS”); (2) 2017-18 European CMBS (“2017-18 European CMBS”)...more
On October 22, 2014, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, the Federal Housing...more
8/23/2016
/ Asset-Backed Securities ,
Bonds ,
Capital Structures ,
CMBS ,
Commercial Real Estate Market ,
FDIC ,
Federal Reserve ,
FHFA ,
Final Rules ,
Horizontal Residual Interest ,
HUD ,
Insolvency ,
Majority-Owned Affiliate (MOA) ,
Mortgages ,
OCC ,
Originators ,
Popular ,
Promissory Notes ,
Regulation AB ,
Reorganizations ,
Retaining Party ,
Risk Retention ,
Securities and Exchange Commission (SEC) ,
Securitization ,
Sponsors ,
Third Party Purchaser (TPP) ,
Transfer of Interest
On May 22, 2015, in Madden v. Midland Funding, LLC (“Madden”), the United States Court of Appeals for the Second Circuit held that the application of state usury laws to third-party assignees is not preempted by the National...more
6/9/2015
/ Appeals ,
Assignees ,
Banking Sector ,
Consumer Lenders ,
Debt Buyers ,
Interest Rates ,
Loans ,
Midland Funding ,
National Bank Act ,
Preemption ,
Usury
On October 21-22, 2014, the federal regulatory agencies responsible for implementing regulations under The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) finalized rules for risk retention...more
On October 22, 2014, the federal regulatory agencies responsible for implementing regulations under Dodd-Frank finalized the risk retention rules for ABS transactions, including CMBS transactions. The final rules come more...more
On August 27, 2014, the Securities and Exchange Commission (the “SEC”) adopted two final rules implementing new regulations affecting asset-backed securities (“ABS”). The first set of rules, referred to in this memorandum as...more
On August 27, 2014, the Securities and Exchange Commission (the “SEC”) adopted final rules (the “Final Rules”) implementing, among other things, provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of...more
This morning the Securities and Exchange Commission in an open meeting voted to adopt long-awaited final rules (the "Final Rules") implementing a series of changes to the registration and offering process for asset-backed...more
On December 10, 2013, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission and the Commodity...more