Our goal is to provide thoughtful, practical and helpful insights on a variety of legal issues related to the community banking industry.
Articles: 11-20 of 47
CT Unfair Trade Practices Act is Only a Sword - Not a Shield in Foreclosure Actions
USA - September 13 2016 The Connecticut Appellate Court has (finally) recently weighed in on the topic of whether or not a claimed defense of a…
The Massachusetts Supreme Judicial Court Lends a Helping Hand to Inadvertent Lender Omissions in the Execution of Mortgage Acknowledgements
USA - September 8 2016 Massachusetts bankruptcy courts have invalidated mortgages containing defects, including the failure of lenders to observe strict formalities in the…
Password (Sharing) Risks Persist for Fiduciaries and Family Members
USA - August 24 2016 In May, I posted about “Estate Planning in the Digital Age” and mentioned the practical limitations of shared passwords as a means of digital estate…
What Community Bank Board Members Need to Know About D&O
USA - August 16 2016 A bank director's responsibilities are similar to directors of other types of corporations, including the duties of loyalty and care. Federal banking…
Amendment to Connecticut’s Foreclosure By Market Sale Statute
USA - August 3 2016 On January 1, 2015, Connecticut adopted an additional method of foreclosure known as foreclosure by market sale. This method permits an…
Connecticut Foreclosures: Judgment of Loss Mitigation - Good, Bad or Unnecessary?
USA - July 27 2016 One of the plethora of new procedures enacted in the 2016 General Assembly’s legislative session is a concept which is being dubbed a “judgment of…
Enforcing Personal Guaranties
USA - July 20 2016 You might wonder whether lenders can enforce a guaranty of a loan from an individual or entity that has no formal connection with the borrower, i.e…
Collateral 101: Perfecting Security Interests in Common and Uncommon Collateral
USA - July 14 2016 As most people (at least in the banking world) know, a security interest is the granting of an interest in property to secure obligations, usually…
Super Priority Municipal Liens: When Is Your First Mortgage Not First In Line?
USA - July 6 2016 In Connecticut, the General Statutes have granted “super” priority status to certain types of municipal liens. As a result, these liens jump to the…
U. S. Court of Appeals 2nd Circuit Decision: National Bank is a Citizen Only of the State in Which its Main Office is Located
USA - June 29 2016 The United States Court of Appeals for the Second Circuit issued a decision today in the case of OneWest Bank, N.A. v. Robert W. Melina, No. 15-3063…
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