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Cadwalader Wickersham & Taft LLP | USA | 28 Jan 2020

Some Thoughts on Lockouts and Default Prepayment

Many loan transactions contain what is known as a “lockout” period - that is, a period subsequent to closing where the prepayment of a loan is…
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Maurice Wutscher LLP | USA | 22 Aug 2019

Calif. App. Court (2nd Dist) Holds No Duty of Care Owed in Loan Mod Negotiations

Disagreeing with contrary rulings from the First and Sixth Districts, the California Court of Appeal for the Second District recently affirmed a…
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Hudson Cook LLP | USA | 2 Apr 2019

Colorado Amends Conveyance of Real Property Deed Requirements

On March 7, 2019, the Governor of Colorado signed House Bill 1098, which amends Colorado's requirements for deeds for the conveyance of real property…
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Higgs & Johnson Counsel & Attorneys at Law | British Virgin Islands | 5 Mar 2019

Amendments to The Private Trust Companies Regulations in the Cayman Islands

The Private Trust Companies Regulations ("the Regulations") came in to force in August 2008. The Regulations allow for the registration of a Private…
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BDB Pitmans LLP | United Kingdom | 31 Jan 2019

What form of security might my company be asked to grant a lender?

Depending on the business of the company in question, a lender may ask for a range of differing security. In England, a typical place to start is to…
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Maurice Wutscher LLP | USA | 4 May 2018

DC App. Court Holds HOA May Not Foreclose Subject to First Deed of Trust

The District of Columbia Court of Appeals recently held that a condominium association acting on its six-month super-priority lien for unpaid…
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Riker Danzig Scherer Hyland & Perretti LLP | USA | 19 Apr 2018

California Appellate Court Holds Mortgage Recorded Simultaneously with HELOC Had Priority and Was Not Entitled to Surplus Funds

The California Court of Appeals recently held that a mortgage (the “Mortgage”) recorded simultaneously with a home equity line of credit (the “HELOC”)…
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Bradley Arant Boult Cummings LLP | USA | 27 Mar 2018

New Decision from the D.C. Court of Appeals Recognizes Additional Defenses to HOA Super-Priority Lien Statute

As we noted in last week’s blog post, the District of Columbia Court of Appeals issued a decision on March 1, 2018, that created a new wave of…
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Riker Danzig Scherer Hyland & Perretti LLP | USA | 15 Mar 2018

Court of Appeals of California Reverses Dismissal of Title Insurance Company From Case For Allegedly Improper Recording of Release

The Court of Appeals of California recently reversed a trial court’s determination dismissing a title insurance company from a case in which the…
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K&L Gates LLP | USA | 14 Mar 2018

Less Form, More Substance: The SEC Staff’s Recent Functional

The staff of the Securities and Exchange Commission ("SEC"), in recognition of the evolution of the real estate business over the past 70 years, has…
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