How a creditor can properly go about disposing of personal property held as collateral is a hot topic right now for lenders seeking to recoup cash lost in commercial and consumer loan defaults. As we continue our series dealing with frequently asked questions concerning Article 9 compliance, we will discuss ways a lender can identify and locate parties who should be notified and how notice should be sent. Read More

We began our recent discussion about electronic signatures in commercial transactions with some background of the law of electronic signatures and the evolution of the Uniform Electronic Transactions Act in 1999, which was revised and enacted as E-Sign a year later at 15 USC § 7001, et seq. In this article, we will discuss UETA basics and continue following the law to its present application. Read More

California State Bar Cracking Down on Lawyers Who Participate in Mortgage-Related Fraud Schemes

Since early 2009, the California State Bar has received nearly 12,000 loan modification complaints. The Managing Director of Investigations for the California State Bar, John Noonen, was recently personally targeted by a persistent salesperson from a company called Realty Group & Consulting after Noonen was erroneously identified as a homeowner in distress. Read More

What Are My Rights and Obligations as a Commercial Subtenant?  

As we recently discussed, a commercial lease is a written contract that is meant to be a binding agreement for the rental of specific property or space for a specific time. Many commercial leases contain a sublease clause which gives the existing tenant the right to rent the property to another person or business. Read More

Perhaps in some remote corner of an alternate dimension a small specter is giggling over the irony known as mortgage reform and the fact that Dodd-Frank threatens to choke out the credit industry in the name of fair lending. Sort of like telling a doctor he can't properly diagnosis patients based on their symptoms because the doctor already diagnosed too many in a particular demographic group. Read More

Small Business Owners Getting Credit Under Control

Small business owners were among those most affected by the credit crunch brought on by the recession. As the U.S. economic recovery becomes more fact than fiction, reports are showing small business owners getting their credit situations under control. Stability begets growth, and growth means we can expect continued improvements in the unemployment rate and the economy as a whole. Read More

Recapping the Biggest Business Bankruptcies in 2012

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