News & Analysis as of

New York Loans

King & Spalding

New York Bankruptcy Court Grants Loan Buyer's Motion for Full Recovery of $5 Million Supersedeas Appeal Bond

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On June 12, 2024, the U.S. Bankruptcy Court for the Southern District of New York granted a loan buyer’s motion to recover against a supersedeas appeal bond, finding that, as result of the appeal, the loan buyer suffered...more

King & Spalding

New York Court Holds That Usury Is Determined by Total Amount of Loan, Not Amount Actually Advanced

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On February 1, 2024, a New York trial court held that the amount of a loan, and not the amount actually advanced to the borrower, is the relevant measurement to determine if New York’s criminal usury statute applies....more

Freiberger Haber LLP

The Assignment Of Litigation Rights And Champerty

Freiberger Haber LLP on

It is not often that we examine a case involving the doctrine of champerty. The last time we did so was on March 8, 2023 (here). We also examined the champerty doctrine in 2021 (here), 2020 (here), and 2016 (here)....more

Troutman Pepper

New York AG Sues Yellowstone Capital Over Alleged “Fraudulent Loans” Targeting Small Businesses

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New York Attorney General (AG) Letitia James filed a lawsuit on March 5 against Yellowstone Capital, its founder David Glass, and a network of 30 other affiliated companies and individuals. James alleges that Yellowstone...more

Troutman Pepper

NY Governor Announces Plans to Regulate “Buy Now, Pay Later” Industry

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On January 2, New York Governor Kathy Hochul unveiled her 2024 consumer protection agenda, which includes plans to regulate the “buy now, pay later” (BNPL) industry. Specifically, Governor Hochul plans to propose legislation...more

White and Williams LLP

New York County Supreme Court Upholds Accommodation Pledges

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In recent years, the claim that an accommodation pledge attached to a mortgage loan effectively “clogs” a borrower’s right of redemption has been the basis of numerous civil actions in New York courts. With the case of Atlas...more

King & Spalding

Loans with Floating-Price Conversion Option Not Criminally Usurious

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On June 1, 2023, the U.S. District Court for the Southern District of New York held, after a bench trial, that various loans that included a floating-price conversion option were not criminally usurious under New York law....more

Foley Hoag LLP - Cannabis and the Law

New York State Cannabis Social Equity Investment Fund Secures $150M in Debt to Provide Loans to CAURDs

Last week, New York Governor Kathy Hochul unveiled a noteworthy development regarding the New York State Cannabis Social Equity Investment Fund (the “Fund”), as it secured a substantial investment of $150 million from Chicago...more

Cole Schotz

The New York “Cost of Improvement”

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The protections that New York affords a construction lender who properly documents and files a building loan contract and its accompanying Section 22 Affidavit, each of which is discussed in earlier installments of this...more

Cole Schotz

New York’s Building Loan Contract: The Section 22 Affidavit

Cole Schotz on

In addition to the mutual exchange of promises – the borrower’s promise to build in exchange for the lender’s promise to advance loan proceeds discussed in part 3 of this series – there’s another crucial aspect to a building...more

Bradley Arant Boult Cummings LLP

New York Finalizes Commercial Lending Disclosure Regulations

As the regulatory scrutiny facing commercial finance providers continues to increase, many have been closely monitoring developments in state-level disclosure requirements. The New York Commercial Finance Disclosure Law...more

Moritt Hock & Hamroff LLP

Disclosure Laws: NY Regulations Finalized, Certain Bank Subsidiaries Now Exempt, and Law Only Applies To Recipients Located Or...

For those of you doing business in New York, you’ll know the state passed legislation providing for a CFDL. However, implementation is running behind that of California, the first state to create these regulations, which saw...more

Sheppard Mullin Richter & Hampton LLP

New York Publishes Proposed Rules on Commercial Financing Disclosures

On September 14, the New York Department of Financial Services (NYDFS) published a notice of proposed rules under New York’s Commercial Financing Disclosure Law (CFDL)...more

Sheppard Mullin Richter & Hampton LLP

NYDFS Issues Proposed Rules to Implement New Commercial Financing Disclosure Law

On October 20, the New York Department of Financial Services (NYDFS) issued proposed rules under New York’s Commercial Financing Disclosure Law (CFDL) (See S5470-B, as amended by S898). Under the CFDL, commercial financing...more

Pillsbury - Gravel2Gavel Construction & Real...

New York Climate Mobilization Act Update: Reducing Carbon Emissions and Funding Solutions

In our June 16 CMA Update, we discussed how the New York City Climate Mobilization Act (CMA) will affect building owners and the market for CMBS mortgage loans (loans pooled and resold as commercial mortgage-backed...more

Harris Beach PLLC

New York State Court of Appeals Provides Guidance on Acceleration in Foreclosure Cases

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The New York State Court of Appeals recently provided much needed guidance to mortgagees on the issue of acceleration and determining the commencement date for the statute of limitation after acceleration in the decision...more

A&O Shearman

Southern District Of New York Dismisses Putative Class Action Against Lending Company For Failure To Adequately Allege...

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On October 14, 2020, Judge Alison J. Nathan of the United States District Court for the Southern District of New York dismissed with prejudice a putative class action asserting claims under the Securities Exchange Act of 1934...more

Farrell Fritz, P.C.

Business Resources and Recovery (UPDATED)

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Businesses grappling with the economic impact of the ongoing COVID-19 crisis have the opportunity to apply for financial assistance through a variety of Federal, State and Local programs. ...more

Seyfarth Shaw LLP

Amending Building Loan Contracts in New York in the Wake of COVID-19-Related Closures of Local Recorders’ and Clerks’ Offices

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The closure of local recorders’ and county clerks’ offices in the wake of COVID-19, and the prospect of future closures, has had a profound effect on commercial real estate transactions. This is particularly true in New York...more

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