Publications

Spring rains help flowers bloom but also bring to mind possibilities of freshwater floods. Flood insurance definitely has its place in prudent mortgage lending. Mishandling of flood insurance covenants by a mortgage loan servicer or mortgagee, however, can lead to a “flood” of anti-servicer or anti-mortgagee litigation. Read on for […]

When obtaining an estate plan, people generally have the goal of passing their real and personal property in an orderly way according to their wishes. However, as the world’s business and activities are increasingly conducted electronically, people generally neglect to form a plan to deal with some of the assets […]

During the 2008 and 2009 financial crisis, the United States Treasury (the “Treasury”) established several programs in an attempt to stabilize the economy. One of these programs was the Troubled Assets Relief Program (“TARP”) Capital Purchase Program (“CPP”). The purpose of the CPP was to provide immediate and temporary funding […]

When a loan is paid off, one of the next steps may be for the lender to release its security interests in the borrower’s collateral. This is most often done by using a form UCC-3. By checking the box marked “Termination” the secured party states that the specified financing statement […]

In 2005, Sam Murante formed Sutherlands Plaza, LLC, and began development of property in Omaha, Nebraska.  To finance the development, Mutual of Omaha Bank and its predecessor, Nebraska State Bank (“Mutual”), issued several loans to Sutherlands, and Sutherlands executed deeds of trust for the loans.  As additional security, Murante executed […]