Searching Content indexed under Charges, Mortgages, Indemnities by Thompson Coburn LLP ordered by Published Date Descending.
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Court Allows Secured Creditor To Retain Mortgage Lien After Mistaken Release And Reinstatement Prior To Bankruptcy
The U.S. Court of Appeals for the Seventh Circuit allowed a secured creditor to retain its lien and therefore the proceeds from a sale, even after the secured creditor mistakenly released its mortgage lien.
United States
21 Mar 2019
Dodd Frank Rollback Law Provides Regulatory Relief For Community Banks (Part 2)
On May 24, 2018, President Trump signed into law the Economic Growth, Regulatory Relief, and Consumer Protection Act (the "Act").
United States
12 Jun 2018
Private Student Loan Laws: Compliance And Consequences
For institutions of higher education that offer private student loans, there are a multitude of federal and state laws that need to be followed.
United States
29 May 2018
Missouri Cases As To Borrower Notices
Consumer lenders should review their right-to-cure, pre-sale, and post-sale notices to borrowers in light of recent Missouri decisions.
United States
14 Mar 2018
Hold Who Harmless? Be Careful In Drafting Indemnity Provisions
In another example that there is no "boilerplate" in commercial real estate documents, the California Court of Appeal recently held that an indemnity provision not only covered claims by third parties, but it also covered direct claims by the parties to the contract.
United States
23 Dec 2015
Major Update To Bankruptcy Forms Effective December 1, 2015
On December 1, 2015, the Official Forms for use in bankruptcy courts will be updated.
United States
23 Nov 2015
LIHTC Exit Strategies: Loan Sale
The difficulties involved in the sale of an LIHTC loan are tied to two features of such loans.
United States
21 Jul 2015
Low-Income Housing Tax Credit Workouts And Bankruptcies: Understanding The Basics
Over the last several years there has been an increase in defaults in loans made to finance affordable housing projects.
United States
26 Nov 2014
Mortgage Buyer’s Thin Paper Trail Sufficient To Avoid Summary Judgment In Borrowers’ Favor
Disastrous results can befall a financial institution that buys a mortgage loan but does not obtain or keep adequate documentation related to the purchase.
United States
21 Jan 2014
Lien For Jointly-Owned Property May Be Invalid If Only One Spouse Signs Deed Of Trust
tenancy Fannie Mae Deed of Trust Missouri Court of Appeals Mortgage liens Spouse Lenders
United States
28 Oct 2013
Receivership Reforms, Part Two: Establishing And Empowering Receivers
Under federal bankruptcy law, a debtor or debtor in possession can, with prior court approval, sell assets of the bankruptcy estate free and clear of all liens and encumbrances, with such liens and encumbrances to attach to the proceeds.
United States
23 Sep 2013
New Missouri Law Bans Local Efforts To Mandate Foreclosure Mediation
As a result of recent legislation, local Missouri governments are precluded from establishing procedures for servicing or enforcing mortgage loans that contradict state or federal laws governing these matters.
United States
12 Sep 2013
New Credit Agreement Language Goes Into Effect In Missouri On August 28
Lenders dealing with Missouri borrowers should be aware of a small, but very important, change in Missouri law regarding credit agreements that becomes effective on August 28, 2013.
United States
20 Aug 2013
Internal Bank Documents Can Satisfy Written Credit Agreement Requirement Of Missouri Credit Agreement Act
The Missouri Credit Agreement Act, RSMo §§ 432.045 and 432.047, generally bars lawsuits against banks related to agreements to lend money, extend credit, or forebear repayment of money unless the agreements are in writing, provide for the payment of interest or other consideration, and set forth the relevant terms and conditions.
United States
1 May 2013
Consider Litigating Spousal Guaranties In Federal Court To Avoid The Equal Credit Opportunity Act
When a closely-held company applies for a loan, the financial institution typically requires the company’s owner to guaranty the loan.
United States
1 May 2013
Keep Rejected Loan Applicants In The Loop Or Face Possible Punitive Damages
If a bank has approved a loan application but later changes its mind, it should promptly advise the loan applicant; otherwise, the bank may face liability for punitive damages.
United States
18 Apr 2013
"Bad Actor" Disqualification From Rule 506 Offerings
On May 27, 2011, the Securities and Exchange Commission, as required under the Dodd-Frank Wall Street Reform and Consumer Protection Act, released a proposed rule which would disqualify an entity from using the Rule 506 private offering safe harbor if the entity or a "covered person" associated with the entity is or had been involved in a "disqualifying event," specified violations of securities laws or the regulations of securities administrators or certain related entities.
United States
23 Aug 2011
Corporate & Securities Today - January 2011 Newsletter
Thompson Coburn represented a major electric motor company in connection with its successful purchase of a larger competitor for $1.8 billion in an auction transaction.
United States
7 Mar 2011
Board Members Beware - SEC Regulatory Authority May Cast Wide Net
Governmental board members and board members of nonprofit organizations may be "in the sights" of the Securities and Exchange Commission (SEC) if their organizations are involved in the issuance of municipal bonds, including tax-exempt bonds.
United States
17 Jan 2011
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