News & Analysis as of

Default Banking Sector

McGlinchey Stafford

New York Court Finds Mortgage Loan Made to Corporate Entity is “Consumer Credit Transaction” Under Truth in Lending Act

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On July 8, 2024, the United States District Court for the Eastern District of New York held that a mortgage loan from a private lender was within the scope of the Truth in Lending Act (TILA) and Home Ownership and Equity...more

Awatif Mohammad Shoqi Advocates & Legal...

What Are the Legal Consequences of Defaulting on a Bank Loan in the UAE?

Introduction In the UAE, defaulting on a bank loan is regulated by two important laws: Federal Decree-Law No. 42/2022 on Civil Procedure Law and Federal Decree-Law No. 50/2022 on Commercial Transactions, specifically Bank...more

Goodwin

Debt Download - May 2023

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Welcome to Debt Download, Goodwin’s monthly newsletter covering what you need to know in the leveraged finance market. We hope you are enjoying the Spring weather! Note: Some of the links in this newsletter may redirect...more

Foley & Lardner LLP

The Future of Venture Debt

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Cash is the lifeblood of any business. Venture-backed companies without a financial history or proven track record are often unable to qualify for a more traditional loan with a big bank. Historically, venture-backed...more

Morrison & Foerster LLP

High Court Rules that ISDA Bankruptcy-Related Events of Default Can Be Cured in Lehman Case

In Grant & Ors v FR Acquisitions Corporation (Europe) Ltd & Anor (Re Lehman Brothers International (Europe)) [2022] EWHC 2532 (Ch), the English High Court ruled on an application for directions (the “Application”) made by the...more

Dorsey & Whitney LLP

Current Bank Capital and Enforcement Action Considerations

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Because of the devastating effect that the COVID-19 pandemic has had on the entire U.S. economy, the federal Bank Regulators have warned of the possibility that small, medium and large banks may soon be forced to recognize...more

McDermott Will & Emery

[Webinar] Deal Academy 2020 | Immobilien Deals in Krisenzeiten - October 28th, 10:00 am - 11:00 am CET

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Wir laden Sie auch in diesem Jahr wieder herzlich zu unserer McDermott Deal Academy ein – 2020 als interaktives Online-Seminar. Mit unseren Experten aus den Bereichen Real Estate, Regulatory und Restructuring wollen wir...more

McDermott Will & Emery

[Webinar] Deal Academy 2020 | Real Estate Deals in Times of Crisis - October 28th, 10:00 am - 11:00 am CET

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We cordially invite you to our McDermott Deal Academy again this year - in 2020 as an interactive online seminar. We want to discuss current developments in real estate transactions and their structuring with our experts from...more

Williams Mullen

Williams Mullen's Comeback Plan: Part IV - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

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In the final installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy...more

Williams Mullen

COVID-19 Comeback Plan: Part III - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

Williams Mullen on

In the third installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy...more

Williams Mullen

Williams Mullen's Comeback Plan: Part II - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

Williams Mullen on

In the second installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Part I - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

Williams Mullen on

In this first installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy...more

Bradley Arant Boult Cummings LLP

Uncertainties Surround Rising Agricultural Debt and Default Rates in the U.S.

The United States and China reached the first phase of a trade deal on October 11th, postponing the next round of tariffs that President Trump planned to impose on Chinese goods the following week. Under the trade deal, which...more

Holland & Knight LLP

Venezuela Update: November 19, 2019

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The U.S. Department of the Treasury on Oct. 21, 2019, renewed for three months a license granted to several U.S. oil companies so that they may continue operating in the country until Jan. 22, 2020. Chevron is the only...more

Ballard Spahr LLP

FDIC issues research paper on use of digital footprints to assess creditworthiness

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The FDIC’s Center for Financial Research has issued a research paper that discusses the use of the information contained in a “digital footprint,” meaning the information that people leave online by accessing or registering...more

Goulston & Storrs PC

T&E Litigation Newsletter- July 2016 #2

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The first two weeks of July have brought us some warm weather and three new decisions worth noting: First, in Bank of America, N.A. v. Commissioner of Revenue, Docket No. SJC-11995 (July 11, 2016), the Supreme Judicial...more

Polsinelli

Loan Enforcement and Creditors’ Rights

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At times, lenders lose the promissory notes on defaulted loans. Lost notes are problematic because, in order to have standing to foreclose, a lender may be required in many states, including in New York, to possess the...more

Orrick - Finance 20/20

New York Federal Judge Approves Wells Fargo $1.2 Billion Settlement with FHA

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On April 8, U.S. District Judge Jesse M. Furman approved a $1.2 billion settlement paid by Wells Fargo NA to the Federal Housing Administration (“FHA”) over allegations that Wells Fargo submitted insurance claims for...more

Ballard Spahr LLP

Court Cannot Enter Default Against Trustee that Submits Unopposed Declaration of Non-Monetary Status

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The California Court of Appeal recently held that a plaintiff cannot seek entry of default against a trustee that files a declaration of nonmonetary status pursuant to California Civil Code Section 2924l. Section 2924l...more

Robins Kaplan LLP

Your daily dose of financial news The Brief – 3.21.16

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Major home-improvement news this weekend, as Sherwin-Williams put up more than $9 billion to purchase Minneapolis-based Valspar. The deal’s expected to close within a year, pending approval from regulators and Valspar’s...more

Burr & Forman

Errant Clerk’s Default Must be Set Aside Regardless of Excusable Neglect, Due Diligence, Meritorious Defenses

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In Stuart-Findlay v. Bank of America, N.A., 2010CA014370, 41 Fla. L. Weekly D207a (Fla. 4th DCA 2014), Florida’s Fourth District Court of Appeal held that a clerk’s default entered in error should have been set aside,...more

Poyner Spruill LLP

Secured Lenders – Stay on Top of the Law or Proceed at Your Own Risk

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For years, the typical post-default strategy of secured lenders has been to foreclose the collateral through the power-of-sale contained in the deed of trust, credit the foreclosure proceeds to the outstanding loan balance,...more

Burr & Forman

Federal Courts Rejecting Hyper-Technical Claims on Reg X Notice of Error/Request for Information Provisions

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In Russell v. Nationstar Mortgage, LLC, No. 14-61977-CIV, 2015 WL 5029346, at *5 (S.D. Fla. Aug. 26, 2015), United States District Court Judge Beth Bloom issued litigious borrowers their latest setback in a large scale...more

Womble Bond Dickinson

Eleventh Circuit Examines “Debt Collector” Under the FDCPA

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For those tracking Fair Debt Collection Practices Act (“FDCPA”) litigation for financial institutions and loan servicers, an opinion recently issued by the Eleventh Circuit Court of Appeals provides new insight on the...more

Ervin Cohen & Jessup LLP

Thoughts for Commercial Lending in 2015 and Beyond; Upcoming Changes and How Best to Prepare for Them

During the past year I have been asked many questions from clients concerning commercial lending, ranging from loan production issues to bankruptcy concerns and loan enforcement matters. In this blog I have tried to address...more

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