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HTMLLenders Get Protection Under New Amendments to Nevada’s HOA Lien Priority Statute
Jacob D. Bundick, Leslie S. Godfrey, Sean A. Gordon, Jennifer L. Gray; Greenberg Traurig, LLP;
Legal Alert/Article
June 23, 2015, previously published on June 15, 2015
In a September 2014 ruling, the Nevada Supreme Court sent shockwaves through the lending community by holding that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust on a property if that foreclosure...


HTMLRegulators are Aiming Enforcement Oversight at Your Bank
Molly Z. Brown, Mary I. Edquist, Richik Sarkar; McDonald Hopkins LLC;
Legal Alert/Article
June 22, 2015, previously published on June 16, 2015
As a financial institution, regulators see you as the first line of defense against criminal activity. You have a duty to ferret out your customers’ questionable business—and not taking enough action can carry significant and costly consequences.


HTMLCalifornia Court of Appeal Mandates that Issue of Ostensible Agency in Emergency Room Setting is for Trier of Fact
Constance A. Endelicato, Brian Hoffman; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
June 19, 2015, previously published on June 10, 2015
Hospitals may not escape liability for its emergency room physicians and other independent contractor practitioners, despite giving notice of independent contractor status through admission papers, signage in emergency room, and insignia on clothing.


HTMLPledging a Residence to Secure a Commercial Loan
Matthew G. DiMeglio, Arnold D. Spevack; Lerch Early Brewer Chartered;
Legal Alert/Article
June 19, 2015, previously published on June 15, 2015
When a borrower requests a commercial loan for a new business or a business acquisition, lenders frequently require the borrower to secure the business loan with a mortgage on a personal residence. The residence may be taken as additional collateral, or because of the insufficiency of other...


HTMLLenders, Be Wary When Extending Credit on Rental Income Stream
Alison W. Rind; Lerch Early Brewer Chartered;
Legal Alert/Article
June 19, 2015, previously published on June 15, 2015
A recent 7th U.S. Circuit Court of Appeals case reminds lenders that it is incumbent upon the lender to verify the income stream before extending credit based on rental income. In Wells Fargo Equipment Finance Inc. v Titan Leasing, Inc., the bank extended non-recourse credit (a loan secured only by...


HTMLPerfect Your Security Interest By Filing Before A Closing 
Michael D. Smith; Lerch Early Brewer Chartered;
Legal Alert/Article
June 19, 2015, previously published on June 15, 2015
In most commercial loan transactions, a lender will secure a loan by filing a Uniform Commercial Code (UCC) financing statement to perfect its security interest in the borrower’s personal property. A loan is perfected when the lender receives priority over other creditors wishing to obtain a...


HTMLSpain Passes New Securitization Act
Andres Lorrio, Ivan Martin Barbon; Jones Day;
Legal Alert/Article
June 18, 2015, previously published on June 2015
On April 27, 2015, the Promotion of Business Financing Act (Ley de Fomento de la Financiación Empresarial, "Act 5/2015") was passed in Spain, introducing, inter alia, a new simplified and consolidated regime for securitization transactions.


HTMLOntario Court of Appeal Interest Act Decision Has Lessons for Both Lenders and Borrowers
Kym Stasiuk; Blaney McMurtry LLP;
Legal Alert/Article
June 17, 2015, previously published on June 9, 2015
The Ontario Court of Appeal has delivered important messages to lenders who take mortgages on real property as security and to borrowers who provide such security.


HTMLFinal Standards for Assessing Diversity Policies and Practices
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
June 16, 2015, previously published on June 11, 2015
On June 9, the Board of Governors of the Federal Reserve System, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Securities and Exchange Commission jointly issued a...


HTMLSenate Banking Committee Approves Changes to Dodd-Frank on Party-line Vote
Nanette Aguirre, Tim Hutchinson, Alan Slomowitz, Albert Wynn; Greenberg Traurig, LLP;
Legal Alert/Article
June 15, 2015, previously published on June 8, 2015
On May 21, 2015, the Senate Banking Committee approved by a 12-10 vote a financial regulatory reform package developed by the Committee’s Chairman, Richard Shelby (R-AL) that includes the most significant changes to Dodd-Frank since the law was enacted nearly five years ago.


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