Industry Reports Archive

Question: We do business in a state with dower rights. I just want to make sure that a spouse who is not on the title to real estate but uses the home as a primary residence does not receive the right to rescind—is this ...Read More

by Charles W. Prueter, Waller The composition of the Supreme Court is a constant, if not primary, focus of political debates in this country. As a New York Times editorial put it in February 2012, “the makeup of the court for the next generation, ...Read More

by Rob Nichols Odds are your bank has a story that illustrates a disturbing trend affecting older Americans today. Perhaps one of your tellers noticed a regular customer suddenly showing up at the bank with a new “best friend.” Or staff detected unusual activity ...Read More

Question: Is an “assumed” loan HMDA reportable? There was only one borrower when the loan was originated (not this year) and the loan was reported in that year. The Bank has now allowed another borrower to assume the note from the original borrower.   ...Read More

by Michael Odom Can a bank be held liable for breach of contract for calling a loan after the maturity date, or where the note says it is payable on demand? Can a lender be held liable for refusing to make an advance under ...Read More

Question: For HMDA reporting, the purpose is to construct 45 additional apartment units but collateral is existing 68 unit apartment complex and land where borrower will build the additional units. The payment terms are 24 payments of interest only thru 3/15/21 then payments of P & ...Read More

by Charles W. Prueter In 2007, a bankruptcy and securities law professor at Harvard Law School proposed the creation of a new independent federal agency to enforce consumer financial protection statutes and regulations and generally to regulate the financial services sector. The professor’s proposal ...Read More