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Results: 1-10 of 32

Burden of fraud shifted from mortgagor to mortgagee

  • Norton Rose LLP
  • -
  • Australia
  • -
  • September 23 2009

In the recent Supreme Court of NSW case, Permanent Trustee Company Limited v O’Donnell 2009 NSWSC 902, the financial burden of a fraud on three mortgagors was passed on to their mortgagee

Gill v. Bucholtz: the British Columbia Court of Appeal and mortgage fraud

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 31 2009

Two recent decisions of the British Columbia Court of Appeal have left lenders feeling unsettled about lending money to finance real property transactions

Title fraud: lenders beware

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • June 1 2009

The B.C. land title registration system is often described as a "Torrens" system, after the system introduced in Australia in the 19th century by Sir Robert Torrens

Looking beyond title fraudulent mortgages

  • Dentons
  • -
  • Canada
  • -
  • June 10 2009

The British Columbia Court of Appeal recently heard two appeals involving fraudulent mortgages

Claims of violation of federal and state securities acts against investment advisor dismissed

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • October 16 2009

Plaintiff invested in defendants’ real estate fund “based on the advice of the defendants and defendants’ representation that she would have a direct security interest in real estate or equity interest in real estate that would secure her investment.”

Investment in “tenancy in common” interests provided basis for securities violations

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • December 18 2009

The U.S. District Court for the District of Oregon granted summary judgment to the Securities and Exchange Commission in a securities fraud case involving a large-scale real estate securitization and management business

Purchases of condominiums were not investment contracts under the federal securities laws

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • April 17 2009

Plaintiffs, customers of defendant StellarOne Bank (StellarOne), brought an action against StellarOne and two individuals, alleging that defendants violated the Securities Act of 1933 and the Securities Exchange Act of 1934 by defrauding them into purchasing condominium units

Innocent relief defendant loses home

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 7 2010

On June 3rd, the Fifth Circuit affirmed an order imposing an equitable lien against a condominium innocently purchased with the proceeds from a commodity Ponzi scheme

The Del Basso case and the application of POCA

  • Squire Sanders
  • -
  • United Kingdom
  • -
  • September 6 2010

The recent Court of Appeal decision in Del Basso illustrates that the courts consider that Confiscation Orders under the Proceeds of Crime Act 2002 can be used in cases of regulatory offences

U.S. Supreme Court to decide RESPA standing in case with potentially broad implications

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • June 21 2011

The U.S. Supreme Court has agreed to hear a case that will decide whether a plaintiff who cannot show any actual injury from a violation of the Real Estate Settlement Procedures Act’s (RESPA) anti-kickback provision has standing to sue in federal court under Article III of the U.S. Constitution

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