News & Analysis as of

Valuation Appraisal

Kohrman Jackson & Krantz LLP

Understanding the 2024 Property Reappraisal in Cuyahoga County

On July 9, 2024, the Cuyahoga County Fiscal Officer (the County) released the newly appraised values for properties within their jurisdiction. As required by state law, every county in Ohio is required to update property...more

Saul Ewing LLP

CFPB and Other Federal Agencies Enact New Rule to Regulate Use of Automated Valuation Models for Mortgage Transactions

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On July 1, 2024, the Consumer Financial Protection Bureau (“CFPB”)—the primary federal watchdog of the consumer finance industry—along with several other federal agencies, approved a new rule to regulate the use of automated...more

Cadwalader, Wickersham & Taft LLP

Federal Regulators Publish Final Rule on Automated Valuation Models and AI That Imposes Obligations on Secondary Market Issuers,...

On June 6, 2024 federal regulators published a final rule addressing Quality Control Standards for Automated Valuation Models. This was a collaborative rulemaking effort that included regulators from the Office of the...more

Mayer Brown

NAV Facilities Appraisal and Valuation Challenge Rights

Mayer Brown on

Net Asset Value ("NAV") credit facilities are lending arrangements underwritten on the borrower’s portfolio of investments, where the amount available for borrowing is based on the value of such underlying portfolio...more

Venable LLP

Federal Regulators Continue their Focus on Fair Lending and Appraisal Bias

Venable LLP on

As 2024 gets off the ground, federal regulators are continuing their focus on fair lending issues. In February, the Federal Financial Institutions Examination Council (FFIEC) released a statement on examination principles...more

Ackerman & Ackerman, P.C.

The Fundamentals of Easement Valuation

* The following blog is an adaptation of the presentation Alan Ackerman and Matthew Ackerman gave on “The Fundamentals of Easement Valuation” at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar...more

McGlinchey Stafford

Agencies Propose Quality Control Standards for AVMs

McGlinchey Stafford on

Mortgage originators and secondary market issuers use automated valuation models (AVMs) in determining the worth of collateral securing mortgages on consumers’ principal dwellings. As part of the Dodd-Frank Wall Street Reform...more

BakerHostetler

Insurance Class Action Update - 2023 Q1

BakerHostetler on

This year began like the last one ended, with lots of activity. Total loss class actions kept going around the country, and labor depreciation class actions experienced ups and downs, depending on one’s viewpoint. New class...more

Farrell Fritz, P.C.

Challenges to Expert Appraisers in Valuation Proceedings

Farrell Fritz, P.C. on

Ask a trial lawyer what he or she would give to have an expert witness as effective as Mona Lisa Vito, the third-generation mechanic/out-of-work hairdresser whose testimony on positraction saved the day in Judge Chamberlain...more

Womble Bond Dickinson

Schools Hold Valuable FCC Spectrum Licenses that Now Can Be Sold - With a Fairness Opinion

Womble Bond Dickinson on

In July 2019, the FCC upended the status quo of 57 years of educational institutions holding FCC licenses for some of the largest spectrum band. The band is 190 MHz of highly desirable 2.5 GHz spectrum....more

Bradley Arant Boult Cummings LLP

CFPB Director Addresses the Final Report of the Interagency Task Force on Property Appraisal and Valuation Equity

The current leadership of the CFPB has not been shy about highlighting the importance of fair lending—and it is becoming increasingly clear that fair lending and equity within the financial services industry is one of the...more

Farrell Fritz, P.C.

Dissenting Shareholders’ Challenge to Appraisal of Famed East End Resort Hits Dead End

Farrell Fritz, P.C. on

Gurney’s Inn is an iconic oceanside resort located in Montauk, New York, on the eastern tip of Long Island’s South Fork affectionately known as “The End.”...more

Nossaman LLP

[Webinar] Navigating COVID-19 for the Right of Way Industry - April 1st, 1:00 pm - 2:00 pm PT

Nossaman LLP on

Please join our Eminent Domain & Valuation Group for a special webinar on “Navigating COVID-19 for the Right of Way Industry” on April 1, 2020. While COVID-19 has undoubtedly upended the world, many in the right of way...more

Dickinson Wright

Third Party Determinations in Michigan

Dickinson Wright on

Contracting parties sometimes agree to designate a third-party to make determinations relating to their agreement. The Michigan Court of Appeals recently issued an opinion explaining the rules and consequences of third-party...more

Farrell Fritz, P.C.

Valuation, Hindsight, And Taxes

Farrell Fritz, P.C. on

The Benefit of Knowing- Monday morning quarterbacking – the connotations are anything but positive. Life is full of instances in which someone, in possession of all the factors that informed – or that should have...more

Alston & Bird

Appraisal Foundation Seeks Comment on Evaluation Concept Paper

Alston & Bird on

A&B Abstract: With recent and forthcoming changes to federal valuation requirements, the Appraisal Foundation is considering the development of standards for performing evaluations in the USPAP....more

K&L Gates LLP

Delaware Court Of Chancery Uses Company’s Unaffected Market Price To Determine Fair Value In Appraisal Action

K&L Gates LLP on

In In Re: Appraisal of Jarden Corporation, C.A. No. 12456-VCS (Del. Ch. Jul. 19, 2019), the Delaware Court of Chancery (the “Court”) determined in a statutory appraisal action that, in connection with a merger, the fair value...more

Ballard Spahr LLP

Banking Agencies Propose Rule To Increase Appraisal Exemption Transaction Value

Ballard Spahr LLP on

The FDIC, Federal Reserve Board and Comptroller of the Currency are proposing a rule to implement a rural property appraisal exemption under the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) and...more

Morrison & Foerster LLP

How Delaware Courts Are Approaching Appraisal Valuation

Predicting the price likely to result from a judicial appraisal of an acquired company’s shares continues to vex acquirers and stockholders alike. The principles for determining appraisal values received a lot of attention...more

Fox Rothschild LLP

Multiple States Considering Valuation Legislation

Fox Rothschild LLP on

The Appraisal Institute reported that 21 pieces of legislation affecting the valuation profession are pending in 14 states....more

White and Williams LLP

Delaware Chancery Court Finds Unaffected Market Price to Be Fair Value in a Post-Dell Appraisal Decision

On February 15, 2018, in the statutory appraisal proceeding of Verition Partners Master Fund Ltd. v. Aruba Networks, Inc., the Delaware Court of Chancery decided that the “most persuasive evidence” of Aruba Networks’ fair...more

Dechert LLP

Delaware Appraisal Litigation: The Court of Chancery Holds That a Company’s Unaffected Market Price Constitutes “Fair Value”

Dechert LLP on

In a recent appraisal decision, Verition Partners Master Fund Ltd. v. Aruba Networks, Inc. (Aruba Networks), the Delaware Court of Chancery awarded 30% less to the shareholders than they would have received had they not...more

Morris James LLP

Court Of Chancery Imposes Sanctions For Failing To Comply With A Scheduling Order

Morris James LLP on

In RE Examworks Group Inc. Stockholder Appraisal Litigation, C.A. 12688-VCL (February 21, 2018) - As this decision again points out, a scheduling order is a court order that must be followed or sanctions will be imposed....more

Morris James LLP

Court Of Chancery Interprets Dell In An Appraisal Case

Morris James LLP on

In RE Appraisal Of AOL Inc., C.A. 11204-VCG (February 23, 2018) - This is an important case for its comments on the Dell decision of the Delaware Supreme Court. The Court declined to use the deal price as evidence of the...more

Farrell Fritz, P.C.

Episode 014: Business Divorce Stories: Business Appraiser Tony Cotrupe and Attorney Jeff Eilender

Farrell Fritz, P.C. on

This is the first in what I hope will be a recurring feature of this podcast featuring war stories told by business divorce professionals. In this episode we hear stories from business appraiser Tony Cotrupe (Meliora...more

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