News & Analysis as of

Debtors Lenders Foreclosure

Blake, Cassels & Graydon LLP

Un tribunal de la C.-B. fournit des précisions au sujet de la nomination de séquestres à l’égard d’actifs immobiliers

Introduction Le 11 janvier 2024, la Cour suprême de la Colombie-Britannique (la « Cour ») a publié sa décision dans l’affaire Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership, laquelle donne des précisions...more

Blake, Cassels & Graydon LLP

B.C. Court Clarifies Law on Appointment of a Receiver Over Real Estate Assets

Introduction - On January 11, 2024, the British Columbia Supreme Court released its reasons in Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership, which clarified the approach of British Columbia courts...more

King & Spalding

Florida Bankruptcy Court Holds That Lenders Must Specify Post-Judgment Interest Rates in Addition to Post-Default Rates in Loan...

King & Spalding on

On November 21, 2022, the U.S. Bankruptcy Court for the Southern District of Florida sustained the debtors’ objection to mortgage lender Benworth Capital Partners, LLC’s proof of claim and held that the state’s statutory...more

Pillsbury - Gravel2Gavel Construction & Real...

Acquisition of Distressed Loans: Bankruptcy Considerations and the 363 Sale

There are no shortage of bankruptcy considerations that must be understood by an incoming lender who acquires a distressed commercial real estate loan and whose borrower shortly thereafter files for bankruptcy protection. For...more

Perkins Coie

Copper Creek Confirms That Bankruptcy Discharges Have No Effect on the Statute of Limitations in Washington State

Perkins Coie on

As we previously noted, the statute of limitations on actions to enforce a note or deed of trust can be a brutally effective sword for borrowers in Washington State. Under the six-year limitations period of RCW 7.28.300, a...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 146: Listen and Learn -- Mortgages and Priority

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! In today's installment of our "Listen and Learn" series, we're focusing on Real Property. In particular, we're diving into the tricky subtopic of mortgages and priorities.  In...more

Perkins Coie

Landlords Defeat Debtors Seeking COVID-19 Rent Abatements and Deferrals

Perkins Coie on

Retail, restaurant, entertainment, and other industries have been devastated by COVID-19 and the resulting governmental orders either precluding or materially limiting operations. In that regard, retail bankruptcy filings...more

Sheppard Mullin Richter & Hampton LLP

SB 1079: Changes to Nonjudicial Foreclosure Process Aim to Benefit Tenants, Primary Residence Occupants and Community Groups;...

After the recent passage of Senate Bill 1079 (“SB 1079”), significant changes to the nonjudicial foreclosure process will go into effect on January 1, 2021 for real properties containing 1 to 4 single-family residences....more

Winthrop & Weinstine, P.A.

Minnesota Real Estate Foreclosures: 21 Common Questions & Answers

Our Creditors' Remedies attorneys answer the most asked questions from their clients. 1. What happens at a real estate foreclosure sale? The sheriff of the county where the real estate is located reads the published...more

Alston & Bird

Structured Finance Spectrum - February 2019

Alston & Bird on

SECURITIZATION SIDE NOTES – EU Risk Retention: Did This Come with a Gift Receipt? We’d Like to Return It - A new year brings new laws and regulations into effect, in this case a complicated and confusing gift from our...more

K&L Gates LLP

Distressed Solutions: The Ins and Outs of Receiverships

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Receiverships are an extraordinary remedy that can maximize the return to creditors by freezing assets and allowing a third party to conduct necessary litigation. John Gardner (Raleigh) and David Neu (Seattle) join host...more

BakerHostetler

Florida Passes Bill to Stop Bankruptcy Debtors From “Having Their Cake and Eating It Too”

BakerHostetler on

On March 20, Florida Governor Rick Scott signed Senate Bill 220 into law. The bill is designed to limit the ability of defendants in foreclosure proceedings to keep contesting the foreclosure after agreeing, in bankruptcy, to...more

Ward and Smith, P.A.

Winning While Losing with Attorneys' Fees Provisions

Ward and Smith, P.A. on

The United States District Court for the Middle District of North Carolina recently issued a decision that demonstrates the power of attorneys’ fees provisions in promissory notes and guaranty agreements. In TD Bank v. Jay...more

Bilzin Sumberg

Editorial: How Fair Is The Florida Fair Foreclosure Act?

Bilzin Sumberg on

The purpose for the Florida Fair Foreclosure Act, which became effective in July, was to speed up the residential and commercial foreclosure process in Florida, where a foreclosure could take more than two years from start to...more

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