特集
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The Past Is the Present? New York Legislature Passes Retroactive Foreclosure BillIt is not the easiest time to be in the mortgage business. Mortgage investors and servicers continue to deal with the fallout from the COVID-19 pandemic and its effects on borrowers. Rising interest rates could drain the plentiful supply of refinance business from prior years and deter hopeful homebuyers from seeking new financing. Now, the New York legislature has added another layer of complexity by passing a bill that would significantly impact the residential mortgage foreclosure process in New York. The New York legislation has been approved by both houses of the New York legislature and, if enacted, would significantly constrain lenders’, servicers’ and investors’ ability to efficiently prosecute foreclosure actions and would potentially jeopardize their ability to recover their mortgage debt. This Legal Update further discusses the legislation.
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海外事業の売却:日本企業の戦略上の法的問題とリスク事業方針の変化に伴い、日本企業が海外における非中核事業や子会社の売却を検討することが近年増えています。対象事業の売却決定後も、売り手の経営陣は、売却が他の既存事業や将来の事業に与える影響について検討する必要があります。本記事では、海外事業の売却において検討・対策すべき潜在的なリスクについて取り上げていきます。
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Default on a secured loan facility: the English High Court considers a lender's right to terminateIn Lombard North Central Plc v European Skyjets Ltd, the English High Court has found that a loan agreement had been validly terminated by a lender following the default of a borrower, despite the lender having waived (through its conduct) its right to rely on certain other breaches. Although the dispute arose in the context of a finance transaction, the Court was asked to consider various issues which are likely to be relevant to most English law governed commercial contracts.
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