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Results: 1-10 of 423

Amendment clause in conservation easement deed kills tax deduction, says IRS; LTA protests
  • Sirote & Permutt PC
  • USA
  • November 12 2015

On November 10, the Land Trust Alliance issued a much-welcomed letter to Karin Gross and Marc Caine of the IRS Office of the Chief Counsel. LTA is a


When non-recourse isn’t really non-recourse at all: the Cherryland decision full recourse enforcement of a non-recourse loan
  • Lowenstein Sandler LLP
  • USA
  • July 2 2012

The Michigan Court of Appeals recently decided a case that has garnered the attention of lenders, real estate owners, and developers nationwide


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


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


REIT Citizenship and the Impact of Americold Realty Trust on Jurisdictional Challenges
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • March 16 2016

On March 7, 2016, the Supreme Court ruled unanimously in Americold Realty Trust v. ConAgra Foods, Inc. that unincorporated entities organized as "real


CBRE Loan Servicing v Gemini (Eclipse 2006 3) commercial arguments prevail in determining the application of sales proceeds in a CMBS transaction
  • Paul Hastings LLP
  • USA
  • October 23 2015

On 7 October 2015, Mr Justice Henderson handed down his judgment in CBRE Loan Servicing Limited v Gemini (Eclipse 2006-3) Plc and others. In these


8th Cir. Upholds Summary Judgment for Investor in Loan Repurchase Action
  • Maurice Wutscher LLP
  • USA
  • December 28 2015

The U.S. Court of Appeals for the Eighth Circuit recently affirmed summary judgment against the seller and originator of mortgage loans and in favor


GGP: single purpose entity or all in the corporate family?
  • Alston & Bird LLP
  • USA
  • August 25 2009

On August 11, 2009, in a long-anticipated ruling in the Chapter 11 case of General Growth Properties, Inc. (GGP), the court denied the motions to dismiss that had been brought on behalf of several of the property-level lenders


Editorial: banks can fight buyback claims with a little help from BoFA
  • Bilzin Sumberg Baena Price & Axelrod LLP
  • USA
  • September 26 2014

Bank of America took a big hit when it reached a record-breaking $16.65 billion mortgage settlement with the United States Department of Justice in


Justice Bransten rules on MBS causation motions
  • Kelley Drye & Warren LLP
  • USA
  • January 13 2012

We previously posted about the October 5, 2011 hearing before Justice Eileen Bransten in the New York Supreme Court’s Commercial Division in MBIA Ins. Co. v. Countrywide Home Loans, Inc., et al. (Index No. 60282508), during which Justice Bransten heard arguments concerning the causation burden presented by monoline insurers’ fraud and breach of warranty claims against Countrywide relating to mortgage-backed securities transactions the plaintiffs insured