Blog
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...
Ice Storm and Legal Issues
by Alan Sorem, Partner, Real Estate and Land Use Practice 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...
White House Extends COVID-19 Federal Foreclosure Moratorium and Forbearance
By 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...
David v. Goliath: Nevada Assessment Liens May Extinguish Lender Deeds of Trust
by 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...
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,...
New CFPB Updates to the Fair Debt Collection Practices Act
By Creditor's Rights & Bankruptcy and Litigation Practice Groups 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...
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...
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...
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...
Considerations of Estate Planning
By 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...