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Maurice Wutscher LLP | USA | 22 Jun 2017

Illinois App. Court Holds Reverse Mortgage Borrower Had Mortgageable Interest Following Intestate Death of His Spouse

The Appellate Court of Illinois, First District, recently ruled that the mortgagee of a reverse mortgage loan held an interest in the secured property


Jones Day | USA | 13 Apr 2017

Marblegate: Second Circuit Reverses Broad Interpretation of Trust Indenture Act in Out-of-Court Restructurings

In a highly anticipated decision, a divided panel of the U.S. Court of Appeals for the Second Circuit ruled in Marblegate Asset Mgmt., LLC v. Educ


Chadbourne & Parke LLP | USA | 30 Jan 2017

Second Circuit Provides Clear Guidance to Market on Scope of Permissible Acts under Trust Indenture Act Section 316(b)

The Second Circuit has answered the question that many issuers, indenture trustees and noteholders have struggled with over the last couple of


Jimerson & Cobb P.A. | USA | 26 Aug 2016

Title Search: A Must for Associations Filing Foreclosures

The recent case of Bank of America, N.A. V. Kipps Colony II Condominium Association, Inc., So. 3d -, 2016 WL 3766582 (Fla. 2d DCA 2016), is


Greenberg Traurig LLP | USA | 24 Aug 2016

The Ninth Circuit Issued a Ruling in Bourne Valley Court Trust v. Wells Fargo Bank, NA

Last week, the Ninth Circuit held, in Bourne Valley Court Trust v. Wells Fargo Bank, NA that Nevada’s super-lien priority statute, NRS 116.310


Buckley LLP | USA | 19 Aug 2016

Ninth Circuit Holds Nevada HOA Statute Unconconstitutional

On August 12, the Ninth Circuit vacated a district court’s summary judgment and held that Nevada Revised Statutes section 116.3116 et seq. (the


Womble Bond Dickinson (US) LLP | USA | 17 Aug 2016

Ninth Circuit Weighs In: Nevada "Superpriority" Law for HOA Liens Violates Due Process

In a 2-1 decision, the United States Court of Appeals for the Ninth Circuit overruled the 2014 decision from the Nevada Supreme Court about which we


Bradley Arant Boult Cummings LLP | USA | 8 Aug 2016

Washington Supreme Court Closes the Door on Changing the Locks

In Jordan v. Nationstar Mortgage, LLC, the Washington Supreme Court issued a stern warning to lenders seeking to change the locks on foreclosure


Riker Danzig Scherer Hyland & Perretti LLP | USA | 2 Aug 2016

Pennsylvania Court Affirms That Title Insurer Did Not Have Duty to Defend Owner in Quiet Title Action

The Superior Court of Pennsylvania recently affirmed a decision granting a title insurer summary judgment on the issue of whether it was obligated to


Maurice Wutscher LLP | USA | 28 Jul 2016

Nevada Fed. Court Denies Class Cert. on ‘Ascertainability’ Grounds, Confirms FannieFreddie Liens Not Extinguished by HOA Foreclosure

The U.S. District Court for the District of Nevada recently confirmed that a homeowner association’s foreclosure of its superpriority lien cannot

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