United States: Charges, Mortgages, Indemnities

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
Flipping The Switch: Protect Your Solar Lease Before The Power Flows
In California, solar operators leasing land for their projects face a critical risk: foreclosure by a junior lienholder could extinguish their lease and force premature project removal, potentially triggering defaults under revenue agreements. A simple yet often overlooked solution—recording a Memorandum of Lease—can protect the project from most foreclosures by establishing the lease's priority in the chain of title.
United States Real Estate
CC
Cox, Castle & Nicholson
Article
I’m Still Standing...yeah, Yeah, Yeah: New York Reaffirms Limits On Mortgage Acceleration
A New York court examines whether a mortgage foreclosure action dismissed for lack of standing validly accelerated the loan debt, determining the application of statute of limitations rules when the original plaintiff lacked authority to bring suit. The decision addresses competing interpretations of CPLR §213(4)(b) and establishes precedent for when lenders may claim a mortgage was not validly accelerated.
United States Real Estate
HL
Hogan Lovells Cadwalader
Article
Should’ve Been A School House Rock Song (IYKYK): Procrastination Nation
A federal court in New York denied a defendant's emergency motion to halt a foreclosure auction just hours before the scheduled sale, rejecting arguments that the underlying mortgage was unconscionable and finding no basis to vacate an earlier summary judgment. The ruling underscores the narrow scope of post-judgment relief and the high bar for obtaining last-minute injunctive relief in mortgage foreclosure cases.
United States Real Estate
HL
Hogan Lovells Cadwalader
Article
Bankruptcy Court Holds That Receivership Order Divests Debtor’s Manager Of Authority To File Chapter 11 Petition
A secured lender's appointment of a receiver over collateral may trigger a borrower's Chapter 11 bankruptcy filing, potentially causing significant delay and expense. Recent bankruptcy court decisions reveal how specific language in receivership orders can mitigate this risk by divesting debtor management of authority to act on the borrower's behalf.
United States Insolvency
DM
Duane Morris LLP
Article
Mortgage Banking Update - May 21, 2026
Explore the latest developments in mortgage banking and consumer finance, including the CFPB's sweeping ECOA rule changes, federal preemption battles over state mortgage escrow laws, and emerging AI governance frameworks. This comprehensive update examines critical regulatory shifts affecting lenders, from disparate impact elimination to interchange fee litigation and state-level consumer protection initiatives.
United States Finance
BS
Ballard Spahr LLP
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