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Searching Content indexed under Charges, Mortgages, Indemnities by Gowling WLG ordered by Published Date Descending.
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1
Do The Veto Rights In Your Finance Agreements Really Give You An Absolute Veto?
In the world of finance, provisions in loan agreements which say that consent is needed to lift a restriction or exercise a right are commonplace.
UK
30 Oct 2017
2
Finance Litigation: The Latest Cases And Issues In October 2017
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
UK
25 Oct 2017
3
Is The Car Industry Set For Growth With Goods Mortgages?
Finance has long played an important part in driving vehicles out of the showroom and onto the tarmac.
UK
16 Oct 2017
4
Under The Microscope - Documenting The End Of LIBOR
2021 has recently been ear-marked as the date when LIBOR (also known as the London Interbank Offered Rate) will be wound down. As work starts on finding a suitable replacement rate...
UK
3 Oct 2017
5
Finance Litigation Briefing - September 2017
The High Court has recently considered whether a one signature bank mandate was sufficient to bind a partnership to various loan agreements.
UK
15 Sep 2017
6
Out With The Old, In With The New, What Will Goods Mortgages Mean For You?
The year 1878 brought the first UK weekly weather forecasts and the relatively unknown Bills of Sale Act 1878, which governs the way that individuals can use goods that they already own as security for loans and other obligations.
UK
14 Sep 2017
7
A Banker Asked Us: Re-Registering PPSA Registrations After They Have Lapsed
The only PPSA registration the bank holds against our borrower expired without having been renewed. Is it possible for the bank to file a late renewal and regain its first priority position against the borrower's other secured creditors?
Canada
25 Apr 2017
8
Mortgagee Sets Aside Mortgagor's "Sweetheart Deal" Tenancy Agreement
Mortgagors facing mortgage enforcement proceedings frequently try to create obstacles for their mortgagees. One such obstacle is the granting of a very favourable or "sweetheart" tenancy agreement to a third party tenant.
Canada
25 Apr 2017
9
Ontario Court Revisits Priorities Among Multiple Victims Of Mortgage Fraud
The Divisional Court included in its analysis a review of the theory of deferred indefeasibility and the competing interests of victims of mortgage fraud within the context of the Ontario Land Titles Act (LTA).
Canada
13 Apr 2017
10
Guidance From The Supreme Court Of Canada On Mortgage Discharge Statements And Pipeda
The Supreme Court of Canada recently provided some comfort to mortgage lenders regarding the provision of mortgage discharge statements and their privacy obligations under PIPEDA.
Canada
22 Dec 2016
11
Finance Litigation Briefing November 2016: Report And Review On The Latest Cases And Issues
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
UK
2 Dec 2016
12
Legal Considerations For Real Estate Lenders In France (2/4); Structuring Considerations
This is the second in our series of four articles examining the legal considerations that non-French real estate lenders should examine when financing commercial real estate in France in a non-distressed context.
France
2 Nov 2016
13
Legal Considerations For Real Estate Lenders In France (1/4): French Banking Monopoly
This is the first of a series of four articles examining the legal considerations that non-French real estate lenders should examine when financing commercial real estate in France in a non-distressed context.
France
19 Oct 2016
14
Newer Is Not Always Better
If a borrower sells its business and the buyer agrees to assume the related indebtedness, does the lender of that indebtedness have to accept the buyer as its debtor in place of the original borrower?
Canada
3 Oct 2016
15
A Banker Asked Us: Providing Debtors With Copies Of Ontario PPSA Verification Statements
Currently secured parties must still provide those copies, but legislation is on its way to relieve that administrative burden.
Canada
3 Oct 2016
16
The Doctrine Of Unconscionability: Can It Apply To Specifically Negotiated Terms In Mortgages?
The British Columbia Court of Appeal has recently considered whether the doctrine of unconscionability can be invoked to set aside a contractual clause providing for the payment by one party to the other...
Canada
3 Oct 2016
17
Québec: Acknowledgement Of Debt Saves Recovery Of Principal Bearing A Criminal Interest Rate
Pursuant to Section 347 of the Criminal Code, an effective annual interest rate that exceeds 60% of the total credit advanced under an agreement or arrangement is a criminal rate.
Canada
3 Oct 2016
18
Defendant Can Recover Costs Of, And Incidental To, A Claim Issued But Not Served
The Chancery Court has confirmed a defendant in a professional negligence claim was entitled to its costs of, and incidental to, the claim when it was abandoned by the claimant after issue.
Canada
30 Aug 2016
19
Unfair Relationship But Limited Relief
There is no precise or universal test to determine an unfair relationship under s140A of the Consumer Credit Act 1974 (CCA).
UK
2 Aug 2016
20
Forbear But Beware: The Danger Of Forbearance And Renewal Agreements
In a recent decision of the British Columbia Supreme Court, a private mortgagee's misunderstanding of the effect of a renewal and forbearance agreement cost it dearly, to the tune of approximately $500,000.
Canada
7 Jul 2016
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