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HTMLThe Quebec Court of Appeal Rules that Information Exchanged Between Financial Institutions and the OSFI May be Disclosed to a Plaintiff in a Litigious Context
Patrick Plante; Borden Ladner Gervais LLP;
Legal Alert/Article
March 13, 2015, previously published on February 2, 2015
The Quebec Court of Appeal, in a recent 2-to-1 decision, has upheld a judgment from the Superior Court forcing Manulife Financial to disclose a number of confidential documents exchanged between the insurance company and the Office of the Superintendent of Financial Institutions ("OSFI")....

 

HTMLPrevailing-party Agents Entitled to Attorney's Fees
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
March 13, 2015, previously published on February 9, 2015
In Curo Enterprises, LLC v. Dunes Residential Services, Inc., No. 111,191, 2015 Kan. App. LEXIS 1 (Kan.App. January 2, 2015), Curo, in its capacity as DPW’s agent, brought suit against Dunes, in its capacity as DPW’s property manager, in order to terminate DPW’s agreement with...

 

HTMLUpdate On Amendments To The Personal Property Security Act (Ontario)
Shane B. Pearlman; Borden Ladner Gervais LLP;
Legal Alert/Article
March 13, 2015, previously published on January 13, 2015
The Government of Ontario has proposed three significant amendments to the Personal Property Security Act (Ontario) (the “PPSA”) in recent years which have not yet been brought into force. The changes are: (1) to perfection of security interests in cash collateral; (2) to the conflict...

 

HTMLThe CFPB to Regulate Payday Lending Practices
Courtney Blowers; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 13, 2015, previously published on February 24, 2015
Payday lenders and possibly other short-term loan lenders will soon be subject to federal regulations. Although the Consumer Financial Protection Bureau (“CFPB”) has not released its proposal yet, it is no secret that one is in the works.

 

HTMLPleading Requirements for Illinois Mortgage Foreclosure Complaints Altered
Casey Hicks; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 13, 2015, previously published on March 2, 2015
Illinois law requires a Grace Period Notice ("GPN") to be sent to the mortgagor(s) prior to commencing an action to foreclose a mortgage secured by residential real estate. The GPN must include the date the notice was mailed, be headed in bold 14-point type "GRACE PERIOD NOTICE"...

 

HTMLTruth In Lending Act Requires Notice, Not Suit
Pessin Katz Law P.A.;
Legal Alert/Article
March 12, 2015, previously published on January 27, 2015
In a unanimous and brief five page opinion, both rarities for the U.S. Supreme Court, the decision in Jesinoski v. Countrywide Home Loans (Docket 13-684, Jan. 13, 2015) made clear that the Federal Truth in Lending Act (“TILA”) only requires an aggrieved borrower to provide a notice of...

 

HTMLSupreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers
David A. Prather, Salvador P. Simao; Ford & Harrison LLP;
Legal Alert/Article
March 12, 2015, previously published on March 11, 2015
Executive Summary: On March 9, 2015 the U.S. Supreme Court held that a federal agency is not required to engage in notice-and-comment rulemaking when it issues an interpretation of a regulation that is significantly different from its prior interpretation. In Nickols v. Mortgage Bankers...

 

HTMLHigh Court Rules that Borrowers May Exercise Right To Rescind Mortgage Loans By Providing Notice To Lender of Intent to Rescind Within Three Years of Loan Closing
Robert Freund, Jennifer L. Gray, Kimberly A. Mello; Greenberg Traurig, LLP;
Legal Form
March 12, 2015, previously published on January 20, 2015
On Jan. 13, 2015, the United States Supreme Court issued its long-awaited ruling in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684, 2015 WL 144681 (U.S. Jan. 13, 2015) resolving a circuit split over the notice requirements that must be complied with under the Truth In Lending Act (TILA), 15...

 

HTMLPrepayment Premium Language: A Trap for the Unwary Lender
Arnold D. Spevack; Lerch Early Brewer Chartered;
Legal Alert/Article
March 9, 2015, previously published on February 12, 2015
A recent Maryland U.S. District Court decision in Key Tidewater Ventures LLC, et al v. PNC Bank highlighted some of the pitfalls a lender faces when modifying loan documents. Subsequent to entering into a loan modification agreement with borrowers, a lender had difficulty enforcing a prepayment...

 

HTMLWhat You Should Know When Financing a Business Acquisition
Alison W. Rind; Lerch Early Brewer Chartered;
Legal Alert/Article
March 9, 2015, previously published on February 12, 2015
Whether a purchaser is an employee, minority owner of a small business, or merely seeking a new business opportunity, financing options for the purchase and sale of businesses have always been an obstacle. While existing owners may seek to retire or begin new business ventures, the lack of...

 


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