Details on the Commercial Rent Relief Program
State of Oregon provides details about Commercial Rent Relief Program starting on March 8, 20201. Details can be found here
Lien Times: Association Liens and Other Headline Reminders
by Erich Paetsch, Chair, Financial Services Industry Group In its semi-annual Monetary Policy Report to Congress, the Federal Reserve on February 19th issued a warning about insolvency risk to Congress. The Report identifies business leverage at historic highs given the economic and financial struggles firms have encountered due to COVID-19. In particular, the Federal Reserve …
Ice Storm and Legal Issues
by Alan Sorem, Partner, and Mikayla E. Frei, Associate, Real Estate and Land Use Industry Group If a tree branch falls in my neighborhood, everyone has an opinion. Tree lovers express unconditional confidence that they know that a tree hanging precariously over a house can be saved. Neighbors whose homes and fences have been damaged …
White House Extends COVID-19 Federal Foreclosure Moratorium and Forbearance
by Jared Anderson, Associate, Financial Services Industry Group On February 16, 2021, President Biden took three actions that affected the current standing rules regarding a lender’s rights and obligations with respect to residential mortgage loan borrowers during the global COVID-19 pandemic. First, President Biden extended the existing foreclosure and eviction moratorium, which was …
David v. Goliath: Nevada Assessment Liens May Extinguish Lender Deeds of Trust
by Jared Anderson, Associate, Financial Services Industry Group On November 5, 2020, the U.S. Ninth Circuit Court of Appeals upheld a district court’s decision that a lender did not suffer an uncompensated taking when a homeowners association’s relatively small assessment lien foreclosure extinguished the lender’s first-in-time mortgage deed of trust. Many residential communities …
A Gordian Knot: Construction Lending and Oregon House Bill 2415
by Erich Paetsch, Chair, Financial Services Industry Group and Daniel Reynolds, Chair, Construction Industry Group In 2019 Oregon’s legislature explored a concern surrounding the availability of retainage payments required in construction contracts. Developers, general contractors, subcontractors, and others could not agree on all the details, but Oregon House Bill 2415 (“HB 2415”) was passed …
New CFPB Updates to the Fair Debt Collection Practices Act
By Jared A. Anderson, Attorney in the Creditor’s Rights & Bankruptcy and Litigation Practice Group On October 30, 2020, the Consumer Financial Protection Bureau (“CFPB”) issued a new rule regarding its implementation of the Fair Debt Collection Practices Act (“FDCPA”). The CFPB’s final rule (“Regulation F”) clarifies how the provisions of the FDCPA apply to …
Who CARES Part Deux: Insolvency and the Payroll Protection Program
By Erich M. Paetsch, Partner in the Creditors’ Rights & Bankruptcy and Litigation Practice Groups. (Republished with permission of the Oregon State Bar Debtor-Creditor Newsletter, Vol XXXIX, Number 2, Debtor-Creditor Section, Oregon State Bar 2020) In the first edition of the 2020 Oregon Debtor-Creditor Newsletter, this author discussed The Coronavirus, Aid, Relief and Economic Security …
Creating Space for High Density housing
By Margaret Gander-Vo, Associate in Real Estate and Land Use practice group What is House Bill 2001? The most recent estimates from Up for Growth, a national coalition that promotes higher-density housing near commercial centers, indicates that Oregon needs approximately 150,000 additional homes to meet current housing needs. This number has steadily increased over the …
A New Path for Property Owners
By Jennifer C. Paul, JD The recent U.S. Supreme Court Case, Knick v. Twp. of Scott, Pennsylvania, 139 S Ct 2162, 204 L Ed 2d 558 (2019))—opinion issued June 21, 2019— may change the landscape for private property owners bringing claims against the government for unlawful takings of their private property, opening a new …