EPA windfall liens: innocent purchasers beware

Article Abstract:

The United States Environmental Protection Agency (EPA) has added Section 107(r) to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in order to realize its hazardous cleanup costs from a bona fide prospective purchaser (BFPP). The ways to perfect a windfall lien are outlined as per the EPA Windfall Lien Guidance. The alternatives that are available for a BFPP in determining a substantial windfall lien are presented. Various unanswered questions of the EPA Windfall Lien Guidance on the substantiality of a windfall lien are outlined.

United States. Environmental Protection Agency

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The impact of a fraudulent transfer on a mortgage lien and how to minimize or avoid the consequences

Article Abstract:

The pitfalls in offering mortgage loans on property that is owned by only one spouse are discussed. If the transfer action is found to be fraudulent, the lien on the property becomes a void. Relevant cases and legal provisions are also discussed.

Company legal issue, Cases, Assignments for benefit of creditors, Fraudulent conveyances

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Concerned about the release of HMDA data?

Article Abstract:

The implications of recent amendments to the Home Mortgage Disclosure Act for lending institution are discussed, and suggestions for compliance therewith are presented for the benefit of lending institutions.

Financial management, Interpretation and construction, Finance, House buying, Home buying, Company financing, Disclosure laws

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