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

Considerations of Estate Planning

by Amanda Afshar, Associate Attorney in the Estate Planning practice group Amid much speculation and media attention, Republicans in Congress passed the Tax Cuts and Jobs Act (“Act”) in just under two months, and the President signed it into law on December 22, 2017. The Act created sweeping tax reforms. The Congressional Budget Office reported

Employment Department Conducts its First Town Hall on Paid Family Leave

  By Randall Sutton, Partner – Employment Law & Litigation Practice Group The Employment Department conducted its first virtual “Town Hall” to discuss “Contributions” under the new Paid Family Medical Leave Insurance (“PFMLI”) program.  Several other sessions will be offered on other aspects of the new law.  Because this was the first session, it ended

DOL Changes Course on FFCRA Coverage for Healthcare Providers

  By Randall Sutton, Partner – Employment Law & Litigation Practice Group Back when the FFCRA was first signed into law, we reviewed the statute and were fairly certain that only physicians and direct care providers would be exempt from the FFCRA. Then the DOL issued its FAQs which provided that all employees of a health care provider were exempt whether or