William M. O'Connor

New York Bankruptcy Court Expunges Mortgage after Lender is Unable to Produce Assignment
Jamie C. Krapf, William M. O'Connor, November 25, 2009
A recent ruling by the United States Bankruptcy Court for the Southern District of New York underscores the importance of making sure that all of the t's are crossed and i's dotted when it comes to documenting the assignment of any mortgage. In In Re Paredes, the Court took the drastic measure of...

Secondary Loan Market Reassured by Recent Ruling of New York's Highest Court
Caitlin Denison FitzRandolph, William M. O'Connor, Evelyn H. Seeler, November 3, 2009
A recent decision from New York's highest court will have a significant impact on both investors and institutions facing litigation stemming from the commercial mortgaged-backed securities market and should provide assurances to purchasers in the distressed debt and secondary loan market. The case,...

Court gives New Twist to Enforcement of Springing Guaranty
William M. O'Connor, Douglas R. Arntsen, October 8, 2009
On August 11, 2009, the Appellate Division of the Superior Court of New Jersey affirmed the enforceability of a non-recourse carve-out provision relating to the lien of commercial real property by a second mortgage absent the first lender's prior written consent.