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HTMLThe Importance of Consideration in Loan Guarantees
Rick L. Knuth; Jones, Waldo, Holbrook & McDonough A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on November 17, 2014
As do all contracts, the loan guaranty must be supported by consideration. "Consideration" is the benefit or the detriment to one or both parties that separates an enforceable contract from a mere casual agreement. Consideration is often recited in contracts, using some nominal amount,...

 

HTMLCooperative Bank Makes Large Donation to the NRECA International Foundation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 25, 2015, previously published on February 24, 2015
CoBank, a national cooperative bank, recently donated $250,000 to the National Rural Electric Cooperative (NRECA) International Foundation.

 

Adobe PDFCourt of Appeal for Ontario Upholds Reduction of Legal Fees in Insolvency Matter
Brett Kenworthy, Daanish Samadmoten; Aird & Berlis LLP;
Legal Alert/Article
February 20, 2015, previously published on December 17, 2014
On December 1, 2014, the Court of Appeal for Ontario (the “Court of Appeal”) released its decision, written for the Court of Appeal by Madam Justice Pepall, in Bank of Nova Scotia v. Diemer, 2014 ONCA 851 (“Diemer”). The Court of Appeal dismissed the court-appointed...

 

HTML7 Advertising Compliance Tips for Financial Institutions (Wednesday, February 04, 2015)
Howard Howard P.C.;
Legal Alert/Article
February 19, 2015, previously published on February 4, 2015
Every financial institution advertises. And, each one faces the same question: what disclosures are required on my advertisement? Often, there are internal discussion and meetings (fights?) at the bank or credit union - most likely involving those responsible for marketing and those responsible for...

 

HTMLCongress Enacts Bill to Increase Small Bank Holding Company Policy Statement Asset Threshold
Robert L. Carothers; Jones Walker LLP;
Legal Alert/Article
February 19, 2015, previously published on December 22, 2014
On December 11, both the U.S. House of Representatives and the U.S. Senate passed H.R. 3329, and the bill was signed into law by the President on December 18. The act increases the asset threshold with respect to the applicability of the Federal Reserve's Small Bank Holding Company Policy Statement...

 

HTMLNew RESPA Regulations: What Lenders Should Know
Sally Fitch LLP;
Legal Alert/Article
February 18, 2015
As of January 1, 2010, the latest changes to the Real Estate Settlement Procedures Act (RESPA) went into effect for all "loan originators" - lenders and mortgage brokers - handling federally-related residential property loans. The RESPA revisions were intended to provide consumers a means...

 

HTMLFederal Tenant Protection Act Scheduled to Expire
Weltman Weinberg Reis Co. L.P.A.;
Legal Alert/Article
February 18, 2015, previously published on December 29, 2014
In 2009, President Obama signed into law the federal Protecting Tenants at Foreclosure Act (PTFA), granting tenants, under certain circumstances, the right to live out their lease or at least 90 days' notice before having to vacate a property sold at foreclosure sale. PTFA came at the height of the...

 

HTMLDocumentary Stamp Taxes: Enforcing a Promissory Note and Mortgage Prior to Payment
Karl R. Gruss, Edward Lee Kelly; Rogers Towers, P.A.;
Legal Alert/Article
February 18, 2015, previously published on January 13, 2015
While failure to pay Florida’s documentary stamp taxes on a promissory note or mortgage can subject the offender to criminal and financial sanctions, the state’s courts of appeal are split when it comes to determining whether Florida law permits enforcement of a note or mortgage when...

 

HTMLWire Transfer Fraud in Massachusetts: Basic Risk Allocation Principles
Jennifer E. Greaney; Sally Fitch LLP;
Legal Alert/Article
February 18, 2015
Fraudulent wire transfers initiated by sophisticated cyber criminals pose a significant risk to businesses and financial institutions. Technologically savvy fraudsters can steal confidential information through a variety of mechanisms, including malicious software installed on an unwitting victim's...

 

HTMLItaly and Switzerland Sign Landmark Exchange of Information Agreement
Giulia Cipollini, Filippo Noseda; Withers Bergman LLP;
Legal Alert/Article
February 18, 2015, previously published on February 9, 2015
After three years of intense negotiations, on the 15th January 2015 representatives of the Italian and Swiss Governments signed an agreement which spells the end of banking secrecy.

 


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