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Results: 1-10 of 98

Rights and obligations of landlords and tenants when leased premises suffers casualty damage caused by Hurricane Sandy

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • November 19 2012

The obligations of a landlord as an owner of a commercial property (i.e., office, retail, manufacturing facility, warehousedistribution facility, etc.) to repair and restore casualty damage to such property are found in two documents pertaining to the property (i) a mortgage and security agreement constituting a lien on the property when recorded in the County Clerk’s office where the property is situate and (ii) a lease between the landlord and tenant

New Castle County reinterprets the realty transfer tax statute

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • June 21 2012

New Castle County, Del. recently announced a change in its interpretation of the realty transfer tax statute

New Jersey Courts continue to support unsuspecting mortgage lenders

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • January 24 2013

Mortgage priority lawsuits continue to attract the attention of the New Jersey courts. In that context, the theory of equitable subrogation continues

Acceptance of late payments loan modification?

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • November 26 2012

The Appellate Division recently issued its decision in Bank of America, N.A. v. Princeton Park Associates, L.L.C. and considered whether acceptance of late payments by a lender modified the terms of the loan documents and constituted a waiver of the lender's rights

Selected issues under participation agreements

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • July 26 2012

Sometimes, lenders like to offer to sell interests in their loans to various participants

Case study: Commerce BankHarrisburg, N.A. v. Kessler

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • July 26 2012

n May 2012, the Superior Court of Pennsylvania filed its decision in Commerce BankHarrisburg, N.A. v. Kessler

Delaware court declines to enforce confession of judgment provisions in spousal loan guaranty

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • February 21 2012

In RBS Citizens, N.A. v. Caldera Mgmt., Inc., et al., 2009 WL 3011209 (D. Del.), the U.S. District Court for the District of Delaware, in a memorandum opinion (Robreno, J.), ruled against RBS Citizens, N.A. in its attempt to enter judgment by confession against the guarantor spouse of a Sussex County developer and repeat borrower from the bank, holding that the financial institution failed to establish the spouse had effectively waived her constitutional due process rights to notice and hearing before the entry of judgment

United States Department of Justice files indictments against Switzerland's oldest private bank and employees of other Swiss banks

  • Fox Rothschild LLP
  • -
  • Switzerland, USA
  • -
  • March 20 2012

The Department of Justice is moving forward with several new prosecutions of a Swiss bank and employees of other Swiss banks in separate indictments that were filed recently

Standing to commence foreclosure

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • February 6 2013

For mortgage loans that have been bundled into mortgaged backed securities and other collateralized debt obligations ("collectively, "CDO's"), the

Foreclosures reach lowest level since 2007

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • October 26 2012

The New Jersey Department of Banking and Insurance performed 173 examinations of mortgage licensees in 2011

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