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On July 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in SASOF TR-43 Aviation Ireland Ltd.
31514(U), awarding a prevailing party attorney’s fees under a contract, explaining: Plaintiffs request an award of reasonable attorneys’ fees under the Agreements.
The company at the center of the dispute had 100 shares of outstanding common stock, with 50 shares owned by each of the parties.
The court held that when there is a finding of irreparable harm and intermediate measures were attempted but unsuccessful, under 8 Del. § 226, the court may order the appointment of a custodian to sell the company.
We begin with three non-California professors: First, Dale Whitman, who provides a critical description of the process of mortgage securitization; then, Steven Bender, who writes on the current difficulties of being a foreclosure trustee; and David Reiss, observing how slapdash the whole enterprise has become.
Then we have two practitioners: April Charney, a foreclosure defense maven, who discusses the problems of pooling and servicing agreements; and, finally, Joseph Forte, the Wall Street lawyer who most of us think is the guy who originated the confounding arrangement. My Midcourse Corrections column on Dale is a Professor of Law Emeritus at the University of Missouri and is a co-author of five books and many articles on mortgage and property law.
Sign folk up to mortgages, sell the mortgages to another financial player who then bundles the mortgage with thousands of others and sells various risk based slices.
It failed in three different ways – two of which we know about, but one which is just emerging.
Most of these cases began with the filing of an unendorsed note that was described in the bank’s pleadings as a true and correct copy of the original note.Arizmendi (At the time of this California foreclosure decision in 2011, the homeowner/debtor, Ms.Arizmendi, was a frail 86-year-old with hearing loss and difficulty walking.) This article discusses 42 cases with suddenly appearing (often called “ta-da”) endorsements.Section 13 of the Securities Act is a that were later discovered to be fraudulent.The court sustained the breach of contract claim with respect to the fund administrator’s unauthorized disbursement of funds because the investment fund sufficiently alleged that the fund administrator’s conduct “evinced a reckless disregard” for the investment fund’s rights insofar as the fund administrator failed to comply with basic cybersecurity precautions and actively disregarded its own policies as well as obvious “red flags.” (June 22, 2017) against a biopharmaceutical developer and its Chief Executive Office for failing to disclose all adverse events suffered by participants in a clinical trial.