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160 results found


Bilzin Sumberg | USA | 12 Feb 2019

New Second Circuit Statute of Limitations Ruling A Benefit to Loan Originators, Brokers

As originators and brokers of mortgage loans continue to get served with new lawsuits (or threatened with potential suits) related to loans that they


Bilzin Sumberg | USA | 10 Dec 2018

New York High Court Rules on Statute of Limitations

Over the last several years, we have posted several times about whether the statute of limitations bars remedies against lenders (and sometimes


Guzmán Ariza | Dominican Republic, Global | 5 Nov 2018

Enforcement of loans, guarantees and security documentation in the Dominican Republic

A structured guide to enforcement of loans, guarantees and security documentation in the Dominican Republic


Weil Gotshal & Manges LLP | USA | 5 Nov 2018

While Time Marches OnBreach of Representations & Warranties, Survival Periods, and New York’s Statute of Limitations

On October 16, 2018, New York’s highest court held that freedom of contract is strictly constrained by the State’s statute of limitations


Porzio Bromberg & Newman PC | USA | 6 Feb 2018

Borrower Cannot Abandon Germane Defense To Foreclosure And Later Sue For Damages Based On That Defense

It is always helpful when a court lets you know up front what its decision is all about. This was the case in Adelman v. BSI Financial Services, Inc


Maurice Wutscher LLP | USA | 11 Jul 2017

8th Cir. Affirms Ruling in Favor of Servicers Due to Plaintiffs’ Misrepresentations in Loan Mod Application

The U.S. Court of Appeals for the Eighth Circuit recently affirmed summary judgment against a former husband borrower and his ex-wife on their claims


Gowling WLG | Canada | 15 Nov 2016

Register You Condo Lien Early or Risk Losing It

Timely collection of common expenses by condominium corporations is essential to the safeguard of their financial viability. For this reason, the


Greenberg Traurig LLP | USA | 14 Nov 2016

In Bartram, Florida Supreme Court Holds That Statute Of Limitations Does Not Bar The Filing Of A Second Mortgage Foreclosure Action

Bartram Bartram v. U.S. Bank National Association, No. SC14-1265, 2016 WL 6538647 (Fla. Nov. 3, 2016), bringing much-needed clarity to the


Corrs Chambers Westgarth | Australia | 12 Aug 2016

A “Prime” example of a mortgagee exercising its power of sale

This week’s TGIF considers CME Properties (Australia) Pty Ltd v Prime Capital Securities Pty Ltd 2016 WASC 231 which concerns a mortgagor’s


Borden Ladner Gervais LLP | Canada | 9 Aug 2016

When is a Consequence a Penalty?

A recent case from the British Columbia Court of Appeal (Do v. Nichols) confirms that courts will be reluctant to refuse to enforce an onerous

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