Searching Content indexed under Charges, Mortgages, Indemnities by Duane Morris LLP ordered by Published Date Descending.
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FIRREA: A Powerful Tool For The Government
The government has recovered a total of nearly $62 billion in fines and penalties from these cases.
United States
26 Oct 2018
FDIC Consumer News Issues "Answers To Common Questions On How To Avoid Financial Mistakes And Protect Your Money"
Today, the FDIC issued its Winter 2017 FDIC Consumer News which can be read or printed at, with e-reader and portable audio (MP3) versions forthcoming.
United States
30 Jan 2017
Own A Stake in a Million-Dollar Residence? The IRS's New Policy May Benefit You!
The IRS had long maintained that the $1.1 million aggregate limit must be split between co-owners.
United States
1 Sep 2016
Florida Second District Court Of Appeal Weighs In On Consumer Collection Practices Laws
Many states have enacted consumer collection practices laws that impose addition hurdles for lenders in their efforts to collect debts and foreclose mortgages.
United States
4 Feb 2016
Florida District Court Issues Key Ruling In Mortgage Foreclosure Case
Previously, Florida appellate courts were strictly enforcing the acceleration requirements in mortgages.
United States
15 May 2015
Bankruptcy Court Finds Debtor Entitled To A "Free House" Because Mortgage Foreclosure Complaint Barred By New Jersey Statute Of Limitations
Mortgage lenders should be aware of the New Jersey statute of limitations on mortgage foreclosure complaints.
United States
17 Dec 2014
Pennsylvania Mechanics' Lien Law Amended, Clarifying Open-End Construction Loan Mortgage Priority
The amendment to the MLL is in response to the Pennsylvania Superior Court's May 2012 ruling in Commerce Bank/Harrisburg, N.A. v. Kessler.
United States
17 Jul 2014
Maine Supreme Court Decision Limits Scope Of MERS' Ability To Assign Mortgages
The Maine Supreme Judicial Court issued a ruling significantly affecting the ability of MERS to assign mortgage rights as a "nominee" of a mortgage lender.
United States
15 Jul 2014
PA Mechanics Lien Law Amended To Clarify Open-End Construction Loan Mortgage Priority
In May 2012, the Pennsylvania Superior Court issued its decision in Commerce Bank/Harrisburg, N.A. v. Kessler, effecting fundamental change in the previously understood priority of open-end construction loan mortgages over mechanics liens.
United States
15 Jul 2014
New Jersey Prepayment Law Does Not Apply To Individual Guarantors Of A Commercial Loan
The court found that the Prepayment Law prohibits charging a prepayment premium only with respect to a "mortgage loan" as that term is defined in the Prepayment Law.
United States
30 Jun 2014
Commonwealth Court Vacates Order Authorizing Sheriff Sale Due To Failure Of City To Strictly Comply With Tax Sale Laws
A Commonwealth Court ruling earlier this month, in City of Philadelphia v. Manu, 2013 Pa. Commw. LEXIS 363, may have a significant effect on the City’s procedures in tax sales, and the success of owners and lienholders in setting aside or staying such sales if statutory requirements are not followed.
United States
26 Sep 2013
Glaski Decision Appears To Place Lenders On Notice To Verify Accuracy And Effectiveness Of Loan Assignments
The recent decision in Glaski v. Bank of America, National Association, et al., 160 Cal. Rptr. 3d 449, may, at least in certain circumstances, impact the ability of residential mortgage-backed security and commercial mortgage-backed security lenders to keep pooling and servicing agreements out of two-party borrower-lender disputes, and appears to place lenders on notice to verify the accuracy and effectiveness of their loan assignments.
United States
11 Sep 2013
N.J. Superior Court Finds That Condemning Authority Is Not Required To Negotiate With Mortgagee Prior To Initiation Of Eminent Domain Action
New Jersey law requires a condemning authority to conduct bona fide negotiations with a prospective condemnee prior to filing a complaint in condemnation.
United States
27 Feb 2013
CFPB Issues Warning To Mortgage Servicers
On February 11, 2013, in response to the increased volume of mortgage servicing transfers and the potential impact of these transfers on consumers, the Consumer Financial Protection Bureau (CFPB) issued a bulletin to mortgage servicers, both banks and nonbanks, advising them of their legal obligations to protect consumers during loan transfers.
United States
15 Feb 2013
CFPB Considers Regulating Retirement Investment Industry
Bloomberg has reported that the U.S. Consumer Financial Protection Bureau, which was established by the 2010 Dodd-Frank Act, is considering whether to assert itself into the regulation of the consumer retirement investment business.
United States
29 Jan 2013
JOBS Act Enacted, Imposes Substantial Deregulation On The Mechanics Of Securities Offerings
In one of the most sweeping changes to the securities offering environment in years, the Jumpstart Our Business Startups Act, commonly referred to as the JOBS Act, became law on April 5, 2012.
United States
23 Apr 2012
SEC Amends Accredited Investor Net Worth Standards Per Dodd-Frank
The accredited investor standard has been revised to exclude the equity value of the investor's primary residence from the $1 million net worth threshold for individuals.
United States
6 Jan 2012
Two-Year Statute Of Limitations For Federal Securities Fraud Claims Begins To Run When A Reasonably Diligent Plaintiff Would Have Discovered The Violations
In "Strategic Diversity, Inc. v. Alchemix Corp.", an opinion marked for publication, the United States Court of Appeals for the Ninth Circuit held that for federal securities fraud claims, the statute of limitations begins to run when a reasonably diligent plaintiff would have "discovered" the underlying violations, and not from when a reasonably diligent plaintiff should have begun investigating the potential violations.
United States
2 Jan 2012
Georgia Court: Adverse Shareholder Say-On-Pay Vote, Without More, Does Not Invalidate Or Require Rescission Of Compensation Decisions Made By Directors Of Delaware Corporations
"Hindsight second-guessing and Monday morning quarterbacking of the sort Plaintiffs urge are fundamentally inconsistent with the business judgment analysis."
United States
16 Oct 2011
SEC Amended Rule 14a-8 Allows Shareholders Proxy Access To Director Nominations For 2012 Season
Amendments to U.S. Securities and Exchange Commission ("SEC") Rule 14a-8(i)(8) will permit shareholders to influence the director election process by requiring public companies to include in their proxy materials shareholder proposals that would amend, or request an amendment to, a company's governing documents regarding director nomination procedures.
United States
21 Sep 2011
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