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Articles about Legal Matters

 

Residential | November 2013 
Will Working Together Work Against You?
The mortgage industry recently has found itself in the midst of many changes. Market shifts, regulatory revisions, evolving customer needs — the list goes on and on. And from a legal standpoint, one c...
By Stanley M. Gordon, managing member, Gordon & Associates

Commercial | October 2013 
Beware of the Tax Pitfalls in Receivership Deals
Nothing is certain but death and taxes — or so the saying goes. Properties in receivership certainly are not exempt from this adage, and tax pitfalls may be detrimental to otherwise-straightforward de...
By Kelley McLaren, chief administrative officer, Trigild

Residential | September 2013 
Special Report: California Foreclosure Proceedings
At the height of the residential foreclosure crisis, the California legislature enacted California Civil Code Section 2923.5, which imposes new obligations on foreclosing lenders and their agents. Amo...
By Joshua A. del Castillo, senior counsel, Allen Matkins; and Tim C. Hsu, associate, Allen Matkins

Residential | April 2012 
A Quiet Battle
Many mortgage originators have worked with clients who are facing the following dilemma: They’re upside down on their mortgages, yet their servicers refuse to pursue a principal reduction or even a sh...
By Divina K. Westerfield, president, National Note Association

Residential | April 2012 
A Growing Threat
If you’ve ever been the victim of identity theft or even a stolen credit card, you know how much of a hassle it can be to fix the ensuing mess. From unauthorized charges to bank accounts bei...
By Steve Brooks, president, B&B Premier Insurance Solutions Inc.

Commercial | December 2010 
Broker the Best Agreement
When was the last time you  looked at any of your broker agreements? Although it may seem daunting, being aware of key provisions contained in your agreement could mean the difference between business...
By Evans D. Prieston, manager, American Mortgage Law Group P.C.; and Ingrid K. Petersen, associate, American Mortgage Law Group P.C.

Commercial | September 2010 
Stay on the Nonrecourse Course
Many commercial mortgage borrowers seeking a loan workout or restructuring feel like they are practically forced to engage in strategic default -- i.e., to stop making their loan payments to get their...
By Scott Silver, founding attorney, Silver Law Offices Inc

Commercial | September 2010 
Receiverships 101
In today's market, receivers play an increasingly pivotal role in all aspects of commercial real estate. In fact, many commercial lenders are showing a preference for receivership, which can be crucia...
By Bill Hoffman, chairman and CEO, Trigild

Commercial | August 2010 
Buying Debt to Save a Project
Many developers are finding that their debt exceeds their property’s current value or their lender’s permitted loan-to-value ratio. Because of this, some banks and lenders want to get the underperform...
By Michael Zukerman, managing director, Whitestone Realty Capital LLC

Commercial | June 2010 
Get Real About Tax Assessments
Imagine this scenario: two hotels in the same city are of similar age, size and construction quality. Both are located in popular areas with convenient access to sites attractive to overnight traveler...
By Stephen H. Paul, partner, Baker & Daniels LLP

Commercial | June 2010 
Face up to Upfront Fees
A growing concern about private-money loans is an increase in upfront fees that many private lenders require from borrowers to start a transaction. Commercial mortgage brokers who know the difference ...
By Chris Gleason, managing director, MMG Capital LLC

Commercial | May 2010 
How to Avert 6 Common Missteps
As we weather this economic storm,commercial mortgage brokers must be more attentive to their clients' deals than ever before. The days of submitting a loan to underwriting and simply waiting for a cl...
By Harlan A. Friedman, president, Lightning Commercial Funding Inc

Commercial | May 2010 
Meet TED
The ability to make smart, strategic business decisions in the mortgage-origination industry depends on an understanding of the banking system's health. Commercial mortgage brokers who keep their eyes...
By Jack Brown, president and founder, Laureola Asset Management Co

Commercial | April 2010 
What Indemnification Means to You
Risk is inherent in any business, including commercial mortgage lending. In fact, an important function of a commercial loan contract is to allocate risk among the parties. This accounts for factors t...
By Alan M. Burger, member, McDonald Hopkins LLC; and Nancy Nicole Workman, attorney, McDonald Hopkins

Residential | November 2010 
Preventing Discrimination Lawsuits
Mortgage brokers shouldn't discriminate against clients based on characteristics such as race, ethnicity, gender or age. Not only is it unfair, but it's also illegal. So, to help defend themselves aga...
By Farrell Bloch, economist and statistician, Charles River Associates

 
 

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