United States: Charges, Mortgages, Indemnities

A secured lender's appointment of a receiver over collateral may trigger a borrower's Chapter 11 bankruptcy filing, potentially causing significant delay and expense. Recent bankruptcy court decisions reveal how specific language in receivership orders can mitigate this risk by divesting debtor management of authority to act on the borrower's behalf.

On June 23, Rhode Island Governor Dan McKee signed Senate Bill 3075, establishing capital, liquidity, corporate governance, audit, and risk-management requirements...

The New Jersey Appellate Division recently clarified critical aspects of the Uniform Fraudulent Transfer Act (UFTA) in a complex intra-family property dispute involving multiple transfers and mortgage liens. The court addressed when the UFTA can be invoked to void transfers, the enforceability of mortgages lacking promissory notes, and whether revoked LLCs can still enforce their security interests.

Benjamin Dryden is a legal professional at Foley & Lardner LLP's Chicago office. His contact information and professional profile are available for those seeking legal counsel or wishing to connect with him regarding legal matters.

On May 15, the OCC issued two final rules addressing national banks’ and federal savings associations’ authority to administer mortgage escrow accounts and the preemption of certain state interest-on-escrow laws.

When an equipment lender funded a borrower's purchase without properly documenting its collateral rights, it found itself without recourse in bankruptcy court. The Delaware bankruptcy court's ruling in Wingspire...

Connecticut's Department of Banking has taken enforcement action against a lead-generation company for conducting mortgage lead-generation activities without proper state licensing, marking the second time the company has faced such allegations. The case highlights ongoing regulatory scrutiny of licensing compliance in the consumer financial services sector and the consequences of operating without required state authorizations.

On March 19, 2026, the federal banking agencies issued a package of proposed changes to the regulatory capital requirements for banking institutions of all sizes, from the largest GSIBs and super-regional banks to community banks. This package of proposals (the “Proposed Rules”) is a second full attempt at implementing the 2017 “Basel III Endgame” international framework—following the agencies’ initial package of proposals in July 2023 (the “2023 NPR”)—to better reflect credit, trading and operational risk in the calculation of regulatory capital ratios.

On March 19, 2026, the federal banking agencies issued a package of proposed changes to the regulatory capital requirements for banking institutions of all sizes, from the largest GSIBs and super-regional banks to community banks (the “Proposed Rules”). This package of proposals is a second full attempt at implementing the 2017 “Basel III Endgame” international framework—following the agencies’ initial package of proposals in July 2023 (the “2023 NPR”)—to better reflect credit, trading and operational risk in the calculation of minimum regulatory capital ratios.