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.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 682

Preparing your company for sale: the role of investment banks
  • Ballard Spahr LLP
  • USA
  • March 29 2012

After determining to sell a business, a potential seller must decide whether to hire an investment bank to facilitate the sale process or to rely on the company’s owners, management, and legal advisers to manage the transaction


Only promissory note holders can initiate foreclosures in Washington state
  • Ballard Spahr LLP
  • USA
  • August 23 2012

The Supreme Court of Washington has determined that, under the Washington deed of trust act, only the actual holder of a promissory note can be the beneficiary with the power to appoint a trustee to proceed with a nonjudicial foreclosure on real property


Maryland foreclosure statutes survive constitutional challenge
  • Ballard Spahr LLP
  • USA
  • April 12 2012

In a decision that is good news for mortgage lenders and servicers, a Maryland appellate court has upheld the constitutionality of recent amendments to Maryland’s foreclosure statutes that retroactively cured defects in certain mortgage instruments


Washington Supreme Court: trustee's actions in nonjudicial foreclosure violated consumer law
  • Ballard Spahr LLP
  • USA
  • March 21 2013

The Washington Supreme Court has held that a trustee's practice in a nonjudicial foreclosure of deferring to the lender on whether to postpone a


Maryland ruling highlights risks of mortgage loans secured by property under litigation
  • Ballard Spahr LLP
  • USA
  • October 4 2012

A recent decision of Maryland's intermediate appellate court illustrates the risks of making a mortgage loan secured by real property that is the subject of pending litigation


Missouri High Court scuttles credit card collection action due to problem documentation
  • Ballard Spahr LLP
  • USA
  • January 25 2012

A recent Missouri decision in a credit card collection case illustrates the kind of documentation attacks that are increasingly being lodged against the non-mortgage consumer lending industry


FinCEN starts e-filing of new CTR and SAR forms mandatory use of new forms soon to follow
  • Ballard Spahr LLP
  • USA
  • April 12 2012

The Financial Crimes Enforcement Network (FinCEN) announced on March 29, 2012, that it is now accepting the new Currency Transaction Report (CTR) and Suspicious Activity Report (SAR) forms for filing on the BSA E-Filing System


New federal caller ID spoofing law could have broader reach
  • Ballard Spahr LLP
  • USA
  • February 16 2011

Consumer financial service providers must work with counsel to urge the Federal Communications Commission (FCC) to ensure that legitimate telephone calls, including from creditors and debt collectors, are not snared by the Truth in Caller ID Act of 2009 (TCIDA


Ohio enacts the nation's first transitional MLO licensing law for out-of-state MLOs
  • Ballard Spahr LLP
  • USA
  • January 10 2013

Ohio recently enacted a law that allows for an individual licensed as a mortgage loan originator in another state to obtain a temporary MLO license in


Third Circuit TILA rescission decision adopts CFPB position
  • Ballard Spahr LLP
  • USA
  • February 8 2013

The Third Circuit has now joined the Fourth Circuit in ruling that a lawsuit seeking rescission filed more than there years after loan consummation