Searching Content indexed under Charges, Mortgages, Indemnities by Holland & Knight ordered by Published Date Descending.
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Remote E-Notarization: Are New Jersey And Pennsylvania About To Join The Club?
Over the last several years, a number of states have authorized notaries to perform remote online notarizations by which a notary public may acknowledge the signature or the act of an individual...
United States
20 Feb 2019
The Unique Aspects Of CMBS Loans: A Primer For Borrower's Counsel
Commercial mortgage-backed securities ("CMBS") loans and balance-sheet loans are not created equal. While there are many similarities between the two types of loans, the differences are material
United States
17 Jan 2019
Illinois General Assembly Corrects Additional Juvenile Court Act Errors
The Illinois Juvenile Court Act (JCA) (705 ILCS 405/1-1 et seq.) was amended significantly in late 2017.
United States
7 Jan 2019
New Jersey Improves And Clarifies Its Residential Mortgage Lending Act
The State of New Jersey, on Aug. 24, 2018, enacted Assembly Bill 2035 that makes significant and important amendments to the Residential Mortgage Lending Act, which had not been amended since it was passed in 2009.
United States
2 Sep 2018
Partial Rollback Of Dodd-Frank Act: Key Changes For Residential Mortgage Lenders
President Donald Trump signed into law the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) on May 24, 2018.
United States
24 Jul 2018
CFPB Structure Ruled Unconstitutional And Enforcement Reach Under RESPA Curtailed
The U.S. Court of Appeals for the District of Columbia Circuit on Oct. 11, 2016, held unconstitutional the current structure of the Consumer Financial Protection Bureau...
United States
19 Oct 2016
West Coast Real Estate Update: May 3, 2016
Before providing a non-recourse loan to a Limited Liability Company (LLC) – i.e., one for which the LLC members do not bear the risk of economic loss – a lender often will require the LLC's managing member to provide a "bad boy" guaranty.
United States
4 May 2016
CFPB's Constitutionality And Director's Interpretation Challenged
In oral argument on Tuesday, April 12, 2016, in the U.S. Court of Appeals for the District of Columbia Circuit, counsel for PHH Corporation (PHH) argued that the Consumer Financial Protection Bureau (CFPB) is unconstitutional.
United States
15 Apr 2016
West Coast Real Estate Update: March 2, 2016
The Supreme Court of California ruled that borrowers have standing to challenge a foreclosure on the grounds that an assignment of the mortgage from the initial lender to the foreclosing lender was invalid.
United States
3 Mar 2016
West Coast Real Estate Update: Feb. 8, 2016
The scope of California's anti-deficiency protections have been expanded again.
United States
9 Feb 2016
CFPB Report Addresses Need For A Compliance Management System
The CFPB's Supervisory Report Provides Important Insight into the CFPB's Supervision and Enforcement Priorities and Desired Business Practices
United States
2 Jul 2015
SCOTUS Ruling Makes It Easier For Borrowers To Rescind Home Loan Under Truth In Lending Act
The U.S. Supreme Court unanimously ruled that borrowers may reserve and effect their right to rescission by simply notifying creditors of their intent to rescind a loan within three years after receiving it.
United States
15 Jan 2015
Lenders Must Comply With New Foreclosure Requirements In Illinois Courts
Mortgage lenders in Illinois are required to use the judicial process to obtain collateral and enter deficiency judgments against borrowers.
United States
8 Mar 2013
The First 100 Days and Beyond: ILSA Now Administered by the Federal Consumer Financial Protection Bureau
The Dodd-Frank Wall Street Reform and Consumer Protection Act, effective July 21, 2010, focuses extensively on banking and securities. Title X of the Act (codified at 12 U.S.C.A. Section 5511) establishes the Consumer Financial Protection Bureau (CFPB or the "bureau") and grants it extensive authority over banking and securities.
United States
30 Nov 2011
SEC Proposes Rule to Prohibit Conflicts of Interest in Certain Asset-Backed Securities Transactions
On September 19, 2011, the SEC voted unanimously to propose rules intended to prohibit material conflicts of interest between those who package and sell asset-backed securities (ABS), and those who invest in them.
United States
4 Oct 2011
Securities & Financial News To Note Bulletin: September 12, 2011
The SEC has confirmed that it will not seek a rehearing or Supreme Court review of the decision by the U.S. Court of Appeals in Washington, D.C. to vacate Rule 14a-11, which would have required that public companies include shareholders’ director nominees in their proxy materials under certain circumstances.
United States
19 Sep 2011
Registered Investment Advisers Required to Provide New Brochure Supplement (Form ADV Part 2B)
Under new SEC rules, registered investment advisers (RIAs) are required to deliver to clients and prospective clients a brochure supplement, Form ADV Part 2B, disclosing information about its supervised persons who advise such clients.
United States
22 Jul 2011
Crossing the Rubicon: ILSA Now Administered by the Consumer Financial Protection Bureau
The Dodd-Frank Wall Street Reform and Consumer Protection Act, effective July 21, 2010, was conceived as the federal response to what is often referred to as this country’s greatest economic recession since the Great Depression.
United States
22 Jul 2011
SEC Decision on Shareholder Approval of Political Expenditures
On March 25, 2011, the Securities and Exchange Commission (SEC) issued a "no action" letter rejecting a request from The Home Depot, Inc. to exclude from its proxy statement a shareholder proposal mandating disclosure of certain political activity, including political expenditures, and requiring a non-binding shareholder vote on future political activity.
United States
12 Apr 2011
SEC Issues Concept Release on the U.S. Proxy System
In an effort to conduct a broad review of the U.S. proxy system, the SEC issued a Concept Release on the U.S. Proxy System on July 14, 2010.
United States
24 Jan 2011
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