We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 28

New York federal court upholds jurisdiction over foreclosure of securitized commercial mortgage

  • Bryan Cave LLP
  • -
  • USA
  • -
  • May 23 2012

Given the historically high volume of both residential and commercial foreclosures, lenders in those states that utilize a judicial foreclosure process have often found themselves faced with significant delays

Single purpose entity provisions in CMBS loans in the wake of Wells Fargo Bank, NA v. Cherryland Mall Ltd. P'ship, et al. (Mich. App. Dec. 27, 2011)

  • Dykema Gossett PLLC
  • -
  • USA
  • -
  • January 26 2012

This alert discusses possible "springing recourse" liability for borrowers and guarantors arising out of last month's decision in Wells Fargo Bank, NA v. Cherryland Mall Ltd. P'ship (Cherryland), decided last month by the Michigan Court of Appeals

What matters: A review of 2011 and 2012

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • April 1 2013

As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the

Investor files suit against Nationstar over mortgage auctions

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • March 11 2013

On March 7, KIRP, LLC sued Texas-based mortgage servicer Nationstar Mortgage LLC in the Supreme Court of the State of New York in connection with

Washington state court strikes jury demands in RMBS case

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • March 11 2013

On March 7, Judge Laura Inveen of the King County Superior Court in Washington State granted the motion to strike jury demands filed by defendants in

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

Certificate holder's bid to intervene in stuy-town foreclosure shot down

  • Lowenstein Sandler LLP
  • -
  • USA
  • -
  • July 6 2010

Judge Alvin Hellerstein of the US District Court for the Southern District of New York has shot down an investor's bid to intervene in a special servicer's foreclosure proceedings over New York's Stuyvesant Town and Peter Cooper Village housing complexes in order to protect its investment of approximately $750 million in securities backing a $3 billion mortgage taken down to finance the acquisition of the lower Manhattanbased assets

Massachusetts' highest court invalidates residential foreclosures on a technical basis

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • January 13 2011

A recent opinion by the Massachusetts Supreme Judicial Court, although seemly very fact-driven, raises great uncertainty as to other foreclosures in that Commonwealth and, perhaps, elsewhere in the country

Court invalidates foreclosures based on ineffective mortgage assignments

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • March 11 2011

A recent court decision held that a foreclosure in Massachusetts that a clear chain of title must be established to show that the party foreclosing is the valid holder of the mortgage. Although the decision is binding only in Massachusetts, the case illustrates the importance for lenders and securitisation trustees of understanding state foreclosure laws and hold all relevant documents before entering foreclosure proceedings

Allstate sues Merrill Lynch and Credit Suisse for fraud

  • Orrick Herrington & Sutcliffe LLP
  • -
  • USA
  • -
  • March 7 2011

On February 28, 2011, Allstate Insurance, represented by Quinn Emanuel, filed complaints against Merrill Lynch and Credit Suisse affiliated entities in New York state court in connection with Allstate's purchase of RMBS from those entities