--ARCHIVE_PAGE_LINK--
 
 
 
 
 
OCTOBER 12, 2018
 
 
 
NAWL--General Counsel Institute
 
 
Quick Links
 
 
 
Allen Matkins

Davis Kuelthau

Sheppard Mullin

 
ABA -National Aging and Law Conference
Publish with NLR
 
 
Construction & Real Estate News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.​
 
 
 
 
On September 18, 2018, the three federal banking agencies – the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation – jointly announced a proposed regulation implementing Section 214 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA). Section 214 effectively provides relief to banking organizations with acquisition, development or construction (ADC) lending exposure by narrowing the types of exposures that constitute a “high volatility commercial real estate exposure” (HVCRE exposure), a concept relevant for determining the capital charge for such a loan under U.S. bank capital regulations.   Read More on ADC Loans Here>
 
 
 
Since the 1992 decision in Simon v. Superior Court , California lenders holding senior and junior liens on the same real property were barred from both non-judicially foreclosing pursuant to the senior lien and seeking a deficiency judgment on the junior lien. The Simon court recognized that a true "sold-out junior," whose lien was extinguished because a third party senior lender decided to conduct a non-judicial foreclosure sale, was not barred from seeking a deficiency judgment, but held that if a party controlled both the senior and junior liens and all related foreclosure decisions, they were not a true sold-out junior and that anti-deficiency laws barred them for pursuing a deficiency judgment. The Simon court was concerned that if the rule were otherwise, lenders would structure a single loan as two loans to increase potential recoveries against the borrower, thereby circumventing anti-deficiency protections.    More on Foreclosures and LIens Here>
 
 
 
The Tax Cuts and Jobs Act introduced new Section 199A of the Internal Revenue Code (the Code), which provides individual taxpayers as well as certain other non-corporate taxpayers with a significant, though complex, deduction for qualified business income (QBI) from each of the taxpayer’s qualified trades or business, as well as a deduction of up to 20% of the aggregate qualified REIT deduction and qualified publicly traded partnership (PTP) income (click here and here for more).  This complicated new provision left practitioners with a number of questions regarding its scope and application.  In response to these concerns and requests for clarification, in August the Department of Treasury published proposed regulations in connection with Section 199A (the Proposed Regulations). More on REIT Here >
 
 
 
 
Please let other interested professionals know about this valuable and free resource!

If you know someone interested in publishing with the National Law Review, kindly contact us at:
   
The National Law Review
National Law Forum, LLC
Jennifer Schaller, Esq.
 
 
 
 
​​​​
 
 
 
The National Law Review
 708-357-3317 | jschaller@natlawreview.com | www.natlawreview.com
4700 Gilbert Avenue Suite #47 #230
Western Springs, IL 60558