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The significance of a security interest in proceeds

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • July 21 2014

In equipment leasing (and other secured transactions), the Security Agreement and financing statement (UCC-1) typically include at the end of the

It's important to record the trustee's deed promptly after foreclosure

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • September 13 2011

The United States Bankruptcy Court for the Central District of California recently held that the filing of a bankruptcy petition by a borrower can void a trustee sale even where the petition is filed after the trustee sale, so long as the borrower files the petition before the execution of the trustee's deed upon sale

Credit card fees and the hospitality impact of the Durbin Amendment

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • August 24 2012

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 certainly sparked fierce debate about government regulation, consumer choice, innovation and entrepreneurship

Class action defense cases - Pineda v. Williams-Sonoma: California Supreme Court holds ZIP codes constitute “personal identifiable information” within meaning of California’s Song-Beverly Act

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • March 24 2011

Plaintiff filed a putative class action against retailer Williams-Sonoma alleging that it violated California's Song-Beverly Credit Card Act of 1971 (one of the State's consumer protection statutes) by asking her for her ZIP code at the time of her purchase

Class action defense cases - In Re Community Bank: Third Circuit court again reverses approval of class action settlement holding wrong legal standard applied to determine adequacy of representation

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • October 4 2011

District court applied wrong legal standard in finding named plaintiffs and their counsel to be adequate representatives of the proposed class under Rule 23(a)(4) and thus abused its discretion in certifying class and approving nationwide class action settlement Third Circuit holds

Short sale legislation progress report: legislation to correct misguided statute enacted to govern short sales

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • March 15 2011

Last year, the California Legislature enacted a statute that prohibits a deficiency judgment under a note secured by a first deed of trust against a dwelling of not more than four units that is sold at a short sale with a written consent of the lender

What every hotel lender needs to know about HMAs and hotel franchise agreements

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • August 17 2011

Hotel lending involves more lending to an operating business than lending to an owner of most types of commercial real property

Foreclosing on an assisted living facility: what is the lender's role? Who is responsible for patients?

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • August 28 2012

Smaller, home-like assisted living facilities are increasingly common today for America's aging population

Hotel lending lawyer: what every hotel lender needs to know about SNDAs

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • August 18 2011

Recently one of my partners asked me to review an SNDA signed by a reputable real estate lender

Buying a hotel? Financing a hotel? 10 things every borrower should know. (part 1)

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • December 8 2012

Hotels are operating businesses, but for lending purposes, hotels have traditionally been financed as real estate