LexisNexis® Legal Newsroom
Troutman Sanders LLP: 11th Circuit Upholds Bankruptcy Court’s Finding that Payment to Lender by Borrower Subsidiary Was a Fraudulent Transfer

By Martin W. Taylor and Meghan Canty Sherrill The 2009 bankruptcy court decision commonly known as the TOUSA decision caused shock waves throughout the lending community as it called into question any transaction in which a non-borrower has paid money, pledged collateral or provided a guaranty in...

Ulmer & Berne LLP: Fraudulent Transfer Litigation - The Eleventh Circuit Court of Appeals Deals a Blow to Lenders

By Reuel Ash A highly significant ruling involving fraudulent transfers recently decided by the Eleventh Circuit could have a far-reaching impact on distressed lending and investing. In Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In re TOUSA, Inc.) , 2012 U.S. App...

Ballard Spahr LLP: Borrower Cannot Sue after Three Years To Rescind Mortgage Loan, 10th Circuit Rules

By the Consumer Financial Services Group A borrower cannot bring a lawsuit seeking rescission more than three years after loan consummation, the U.S. Court of Appeals for the 10th Circuit has ruled. In its June 11, 2012, decision in Rosenfield v. HSBC Bank, USA , the 10th Circuit rejected the...

Ballard Spahr LLP: CFPB Addresses Loan Originator Compensation and Origination Fees

By Richard J. Andreano, Jr., Upon further review, the concept of a flat loan origination fee was deemed to be a bad idea by the Consumer Financial Protection Bureau. On August 17, 2012, the CFPB issued the much-anticipated proposal to integrate the Dodd-Frank loan originator compensation provisions...

Ballard Spahr LLP: High-Cost Loan Final Rule Temporarily Averts FHA Loan Crisis

By Richard J. Andreano, Jr. , John D. Socknat , and Michael S. Waldron On January 10, 2013, the CFPB issued a final high-cost loan rule under Dodd-Frank that includes a modified version of a proposal that will temporarily avoid a crisis with FHA loans. The final rule also implements homeownership...