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First Generation Eagle Loan Policy
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Claims Chronicles
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Title Insurance Reference Articles
Issue14 (Winter 1996)
- Claims Chronicles, Jokers Wild
- Detecting Fraudulent Schemes
- Lincoln Lost His Home, Twice
- Postings
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Issue 16 (Summer 1997)
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- Courts Illustrated
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Issue 17 (Fall 1997)
- Claims Chronicles
- Developing Real Estate Markets in Latin America - A Bigger Role for Title Insurance?
- Postings...
- What Goes Around...Comes Around
Commercial Loan Policy Stories
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Commercial Owner Policy Stories
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Crime Stories
Escrow Closing Stories
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Residential Loan Policy Stories
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Residential Owner Policy Stories
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Case Studies
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- Bankruptcy 101
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- Larceny, Inc.
- Lost Socks
- No Trespassing
- The Missing Link
- The Pirated Payoff
- Too Little, Too Late
- Yours, Mine and Ours
Environmental Law
Foreclosures
- Attorney's Fees Provisions in Nonrecourse Loans:Are They Enforceable?
- Court Decisions and State Statutes Send Warning to Foreclosure Consultants
- Deeds in Lieu: Subsequent Foreclosure of Subordinate Mortgage
- Deeds in Lieu of Foreclosure - Title Insurance Issues
- Deeds in Lieu of Foreclosure: Tax Considerations and Requirements
- Deeds in Lieu of Foreclosure: Tax-Free Exchanges
- Deeds in Lieu: Subsequent Foreclosure of Subordinate Mortgage
- Documenting a Consensual Transfer of Distressed Real Estate
- Enforceability of Pre-Workout Agreements: Travelers v. Corporex
- Federal Foreclosure Actions - Advantages and Disadvantages for Lenders
- Foreclosures, Title Transfers and Modification Strutures, Part 1
- Foreclosures, Title Transfers and Modification Structures, Part 2
- Ground Lease Assignee Remains Liable to Lessor After Leasehold Mortgage Foreclosure
- Lender Liability
- Lender Liability Issues in Securitized Mortgage Loans
- Maryland Appellate Court Refuses to Expand Definition of 'Waste'
- Michigan Appellate Court Sends Warning to 'Foreclosure Consultants'
- Mortgage Workouts: Deeds in Escrow
- Ninth Circuit Uphold Priority of Mortgage Over Federal Forfeiture Claim
- Strategies for Junior Lienholders in Foreclosure Actions
- Trouble Ahead: The Lender's First Ten (and then some) Steps Before Acceleration
- What Do You Need to Know About Workout Strategies?
Lease and Rents
- Absolute Assignments of Hotel Revenues: Are they Enforceable in Bankruptcy?
- California Appellate Courts Rule on Enforceability of Estoppel Certificates
- Effect of Mortgagee's Remedies on Leases
- Enforceability of Letters of Intent in Lease Transactions
- Hotel Room Revenues: Bates Motel Revisited
- Illinois Appelate Court Rules on Assignments of Rents
- Insurance of a Secured Lender's Interest in Rents Pursuant to a Separate Assignment of Rents
- Option or Right of First Refusal: Which Is It?
- Nonassignability Clauses in Commercial Leases When is an Assignment not an
- The Definition of 'Rents': Another Trap for the Unwary Lender?
- Percentage Rent Provisions in Shopping Center Leases: A Changing World?
Limited Liability Companies
- 'Piercing the Corporate Veil' of a Limited Liability Company
- 'Restrictions on the Use of an LLC as an Asset-Protection Vehicle'
- The Delaware Series LLC
- Assignment of an LLC Member's Rights to Profits, Losses, and Distributions: A Violation of the Due-on-Sale Clause?
- Legal and Title-Insurance Issues in Limited Liability Company Real-Estate
- Change of Entity: Mergers and Conversions
- IRS Issues Final Elective Classification Rules for Business Entities
- Limited Liability Companies: Eligibility to File Banckruptcy; Unauthorized Practice of Law by Manager
- Title-Insurance Endorsements for Limited Liability Company Transactions
Mortgage and Financing
- Assignments-of-Rent in Illinois (An Update)
- Can a Commercial Borrower be Required to Obtain Terrorism Insurance?
- Civil Asset Forfeiture Act Becomes Law
- Clogging Revisited
- Default Interest: Bankruptcy and State Court Decisions
- Defeasance Provisions in Securitized-Loan Documents
- Defective Notarizations: Is There Constructive Notice to Third Parties?
- Dressing Up a Naked Option
- Due-on-Sale Clauses: Can They Still Be Challenged?
- Expansion of the Illinois Transfer-Tax Statute: An Update
- Exploding and Springing Guarantees
- Federal Preemption of State Prepayment-Penalty Statutes: The OTS Reverses Itself
- Illinois Appellate Court Upholds Prepayment Ruling Against Lender
- Illinois Bankruptcy Case Upholds Enforceability of Prepayment Premium
- Illinois Court Issues Prepayment Decision
- Letters of Credit and ALTA Endorsement 14.2
- Loan Guaranties: Advanced Issues
- Loan Participations: Recharacterization Issues
- Mezzanine Financing Endorsements
- Michigan Appellate Court Issues Prepayment Decision
- Michigan Usury Law (Mortgage Loans)
- Mortgage Lender Can 'Force Place' Terrorism Insurance Coverage
- Mortgage Modification Agreements in Difficult Economic Times
- New Jersey Supreme Court Upholds Enforceability of Late Charges and Default Interest Rate
- OTS Rule on Late Charges and Prepayment Penalties Upheld by D.C. Appellate Court
- Participating Mortgages and Equity Kickers - Legal Issues
- Perfecting and Enforcing a Security Interest in an Option to Purchase Real Estate
- Prepayment/Exit Fees: The Importance of Clarity
- Pre-Petition Distribution of Cash by a Mortgagor: A Fraudulent Transfer?
- Purchase-Money Mortgages: Lien Priority
- Restrictions on the Use of Wraparound Mortgages under Michigan Law
- Rights of Remote Grantee Against Original Grantor in Illinois
- SNDAs: Obligation to Cure Landlord Defaults
- Special and Limited Warranty Deeds
- Tennessee Deed of Trust is Valid Even Though Acknowledgment is Defective
Real Estate Bankruptcies
- Attorneys Fees Nonrecourse Loans
- Bankruptcy Court Holds Tenant's Rights Must be Protected When Landlord-Debtor Attempts to Sell Property Free and Clear of Lease
- Bankruptcy Facts: 2004
- Bankruptcy: Reorganization Under Chapter 11
- Bankruptcy Sale 'Free and Clear of All Interests' Terminates Contractual Right of Broker to Receive Commission On Resale
- Bankruptcy Sale of Debtors Property Free and Clear Terminates Lease
- Bankruptcy Trustee Prevails Against Mistaken Mortgage Release
- Business Trusts: What are They (and Are They Bankruptcy Proof)?
- BFP and 'Reasonably Equivalent Value': Are There Any Loose Ends?
- Can a Bankruptcy Filing Wipe Out Default Interest?
- Can an Equitable Subordination Claim 'Trump' a State Foreclosure Proceeding?
- DePrizio: The Controversy Continues
- Due-on-Sale Clauses and Chapter 13: Can a Non-Assuming Grantee Reinstate the Mortgage?
- Enforceability of Nonrecourse Carveouts in Bankruptcy Proceedings
- Effect of Bankruptcy Court Rejection of Executory Contracts and Leases on Rights of Third Parties
- Effect of Bankruptcy on Renewal of Letter of Credit
- Enforceability of Intercreditor Agreements in Bankruptcy
- Enforceability of Waiver of Automatic Stay in Pre-Petition Forbearance Agreement
- Equitable Subordination of Claims in Bankruptcy
- Foreclosures and Bankruptcies: Are There 'Surplus' Proceeds?
- Guaranties and Fraudulent Transfers
- Holdover Tenancies and the Bankruptcy Code
- Is a Defective Mortgage Protected From a Preference Claim?
- Land Contracts: Clogging and Bankruptcy Issues
- Lease Rejection in Bankruptcy: Termination or Mere Breach?
- New Bankruptcy Act: Provisions Affecting Real Estate
- New Value Exception Survives in Seventh Circuit
- New York Bankruptcy Court Exempts Pre-Confirmation Sale of Assets from Transfer Tax
- Ninth Circuit B.A.P. Restricts Bankruptcy “Mootness” Doctrine
- Options to Purchase Real Estate: Executory Contracts?
- Post-Petition Transfers: The McConville Issue
- Prepayment Premiums: A Bankruptcy Court Analysis of Reasonableness and Liquidated Damages
- Pre-Petition Distribution of Cash by a Mortgagor: A Fraudulent Conveyance?
- Recent Developments in 'New Value' and Single Asset Real Estate Cases
- Right of First Refusal Held Enforceable in Bankruptcy
- Single-Asset Real Estate Bankruptcies: Purchasing Claims to Block Confirmation and Avoid Cramdown
- Single-Asset Real Estate Bankruptcies: Selected Issues
- Structuring the Transfer Through a Prepackaged Bankruptcy: How and Why
- Termination Damages Under Swap Agreements Held Not to be 'Unmatured Interest' Under Bankruptcy Code
- The Bankruptcy Transfer-Tax Exemption and Transfers to Non-Debtor Parties
- The Doctrine of Equitable Subrogation: Aames Capital Corp. v. Interstate Bank of Oak Forest
- The Lender's Guide to Single Asset Real Estate Bankruptcies
- Survivial of the New Value Exception
- U.S. Supreme Court Rules on 'New Value,' or Does It?
- Waivers of Automatic Stay: Are They Enforceable?
- The Lender's Guide To Single Asset Real Estate Bankruptcies
REITs and the Capital Markets
- 1999 - Boom or Bust for Real Estate?
- REIT
- Reit Update - November/December 1998
- Reit Update - October 1998
- REIT Update 2001
- REIT Update, Sept. 1999
- REIT Update, September 1998
- REIT Update: Summer 2003
- REITs As Landlords: Percentage Rent
Title Insurance
- Creditors' Rights Issues in Loan Transactions
- Dealing With Title Agents
- EQUITABLE SUBORDINATION ISSUES
- Failure to Disclose Zoning Restriction: Attorney Malpractice?
- Fradulent Conveyance / Transfer Issues
- Insurance of a Secured Lender's Interest in Rents Pursuant to a Separate Assignment of Rents.
- PREFERENTIAL TRANSFER ISSUES
- Reforming RESPA - Is There a GMC, GFE (or UFO) in Your Future?
- The Unauthorized Practice of Law: What is Prohibited in Illinois Real-Estate Transactions?
- Three Critical Phases of Concern for Lenders with Regard to Title Insurance
- Title Insurance - The Commercial Lender's Perspective- 'Open' Title Commitments
- Title Insurance - The Commercial Lender's Perspective- Creditors' Rights Exclusion
- Title Insurance - The Commercial Lender's Perspective- Deeds in Lieu of Foreclosure
- Title Insurance - The Commercial Lender's Perspective- Maximizing the Benefits of Title Insurance
- Title Insurance - The Commercial Lender's Perspective- Third Party Items - Direct Ordering by Lenders
- Title Insurance - The Commercial Lender's Perspective-Recharacterization
- Title Insurance - The Commercial Lender's Perspective-Reinsurance and Coinsurance.
- Title Insurance - The Commercial Lender's Perspective-Speaking Different Languages
- Title Insurance - The Commercial Lender's Perspective-The 'Fairway' Endorsement
- Title Insurance - The Commercial Lender's Perspective-Title insurance for loan portfolio acquisitions
- Title Insurance Coverage for Clogging Issues
- Transfer to Trust: Does Title Insurance Continue?
Uniform Commercial Code(Article 9)
- Attorney Malpractice Liability for Failure to File UCC Financing Statement
- Perfecting and Enforcing a Security Interest in an Option to Purchase Real Estate
- Perfection under Revised UCC Article 9: The Importance of Determining the Proper Location of the Debtor's Place of Business
- Sales and Assignments of Promissory Notes Under Revised Article 9 of the Uniform Commercial Code
- Sufficiency of Debtor’s Name for Valid UCC Filing – Recent Cases
- The Effect of a UCC-3 Financing Statement Where Both the Amendment and Termination Boxes Are Checked
Synthetic Leases
- 'Doing Business' Issues for Lessors/Lenders in Synthetic Lease Transactions
- BANKRUPTCY ISSUES IN SYNTHETIC LEASING AND SALE-LEASEBACK TRANSACTIONS
- Comparison of Conventional Lease, Sale-Leaseback, Ownership and Synthetic Lease
- Cross-Border Real Estate Transactions
- IRS Issues Field Service Advisory on Synthetic Leases
- Lease-Leaseback Financing
- Ninth Circuit Issues Ruling on Synthetic Lease Transaction
- Off-Balance-Sheet Financing and Corporate Governance:Is It a Lease or Indebtedness?
- Off-Balance-Sheet Financing: Synthetic Leases
- Off-Balance-Sheet Financing: Synthetic Leases- CONCLUSION
- Recharacterization and Title Insurance Issues in Synthetic Leasing Transactions
- Recharacterization Issues In Synthetic Leasing Transactions
- Synthetic Leases: Bankruptcy Issues
- Synthetic Leases: Options/Down Payments in Energy/Turbine Financings
- Synthetic Leases: Summary of FASB Emerging Issues Task Force Issue No. 97-10
- Synthetic Leases: Transfer and Recording Taxes
- The Effect of Proposed Accounting Rules on the Use of SPEs in Synthetic Leasing Transactions
- Title Insurance Issues in Synthetic Leasing Transactions
- Unwinding a Synthetic Lease - Effect on Title Insurance
- Use of Special Purpose Entities in Synthetic Leasing Transactions
The Lender's Guide To Single Asset Real Estate Bankruptcies
- The Lender's Guide To Single Asset Real Estate Bankruptcies-INTRODUCTION
- BACKGROUND AND OSTENSIBLE PURPOSE
- POWERS GRANTED UNDER CHAPTER 11
- ECONOMIC BENEFITS TO DEBTOR
- WHO CONTROLS THE SYSTEM
- GENERAL OVERVIEW OF THE BANKRUPTCY PROCESS
- SECURED CREDITORS' STRATEGIES AND REMEDIES
- UNDERSTANDING THE SECURED CREDITORS' OPTIONS
- LIMITING DEBTOR'S CONTROL OVER PROPERTY
- OBTAINING AN INTEREST IN CASH COLLATERAL
- MOVING FOR RELIEF FROM AUTOMATIC STAY
- THE CHAPTER 11 PLAN
- VOTING AND CLASSIFICATION
- CONFIRMATION
- CRAMDOWN PLANS, VARIATIONS, AND ALTERNATIVES
- DEBTOR-IN-POSSESSION FINANCING
- CONCLUSION
- ENDNOTES
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