United States: Charges, Mortgages, Indemnities

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
I’m Still Standing...yeah, Yeah, Yeah: New York Reaffirms Limits On Mortgage Acceleration
A New York court examines whether a mortgage foreclosure action dismissed for lack of standing validly accelerated the loan debt, determining the application of statute of limitations rules when the original plaintiff lacked authority to bring suit. The decision addresses competing interpretations of CPLR §213(4)(b) and establishes precedent for when lenders may claim a mortgage was not validly accelerated.
United States Real Estate
HL
Hogan Lovells Cadwalader
Article
Should’ve Been A School House Rock Song (IYKYK): Procrastination Nation
A federal court in New York denied a defendant's emergency motion to halt a foreclosure auction just hours before the scheduled sale, rejecting arguments that the underlying mortgage was unconscionable and finding no basis to vacate an earlier summary judgment. The ruling underscores the narrow scope of post-judgment relief and the high bar for obtaining last-minute injunctive relief in mortgage foreclosure cases.
United States Real Estate
HL
Hogan Lovells Cadwalader
Article
Bankruptcy Court Holds That Receivership Order Divests Debtor’s Manager Of Authority To File Chapter 11 Petition
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.
United States Insolvency
DM
Duane Morris LLP
Article
The New Jersey Appellate Division Clarifies The Scope Of The UFTA
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.
United States Insolvency
RD
Riker Danzig LLP
Article
Family Home Issues In Divorce: Insights From Anita M. Ventrelli And Michele M. Jochner
Two family law attorneys examine the intersection of emotional attachment and financial reality when dividing marital real estate, addressing common misconceptions about ownership versus liability and the critical role of timing in property rights. The article provides strategic guidance on navigating complex issues from mortgage obligations to state-specific legal frameworks that govern how homes are treated during divorce proceedings.
United States Family
SD
Schiller DuCanto & Fleck LLP
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