New York Codifies Definition of Consummation Facilitating TRID Compliance
The New York Senate has approved Bill 982, which amends state law to expressly allow for execution of a mortgage loan by electronic signature. In connection with this amendment, the term “consummation of a mortgage loan” also was codified for the first time. Prior to the bill's passage, there was no statutory definition of “consummation” and, pursuant to case law (See Murphy v. Empire of America,
690 F.3d 161 (3rd Cir. 2012), 11-3257, In re Philadelphia Newspapers, LLC
... . Bankruptcy Code's definition. 11 See, e.g., Zenith Elecs., 329 F.3d at 343-44 (holding that the ... 315 F.3d 217, 228 (3d Cir.2003) (holding that the substantial consummation factor weighed against equitable mootness, despite the plan satisfying the ...
- 12 CFR 226.35 - Prohibited acts or practices in connection with higher-priced mortgage loans
29 F.3d 1034 (5th Cir. 1994), 93-7328, Matter of Manges
... of a confirmation order when there has been substantial consummation of the plan such that effective judicial relief is no longer ... 10 The statutory definition of "substantial consummation" is as follows:. "[S]ubstantial ...
- 12 C.F.R. 1026.35 - Requirements for higher-priced mortgage loans
531 U.S. 457 (2001), 99-1257, Whitman v. American Trucking Assn.
... final agency action under § 307 because it marked the consummation of the EPA's decisionmaking process, see Bennett v. Spear, 520 U.S. ... 373, 389 (1999), and in the context of § 109(b)(1) this second definition makes no sense. Congress could not have meant to instruct the ...
- 12 CFR 225.62 - Definitions
- 12 CFR 564.2 - Definitions
- 12 CFR 34.42 - Definitions
- Official Interpretations
__ U.S. __ (2016), 15-290, United States Army Corps of Engineers v. Hawkes Co., Inc.
Peat mining companies sought a Clean Water Act, 33 U.S.C. 1311(a), 1362, permit from the Army Corps of Engineers, to discharge material onto wetlands on property that they own and hope to mine. The Corps issued a jurisdictional designation (JD) stating that the property contained “waters of the United States” because its wetlands had a “significant nexus” to the Red River of the North, located 120
... the action must mark the consummation of the agency's. decisionmaking process," and " second, the action. ...The Corps has applied that. definition to assert jurisdiction over " 270-to-300. million acres of swampy ...
- 12 CFR 323.2 - Definitions
- 12 CFR 722.2 - Definitions
304 F.3d 223 (2nd Cir. 2002), 01-5052, In re Petrie Retail, Inc.
...§§ 1141(a) and 1142(b) for an order in aid of consummation of the Plan (the "plan consummation motion"). The plan consummation motion ... 1(h) of the lease, under the rubric "Basic Provision and Definitions," which at least raises a question of fact as to whether the anchor that ...
- 26 CFR 601.201 - Rulings and determinations letters
566 U.S. 120 (2012), 10-1062, Sackett v. Environmental Protection Agency
...Further, the order's. issuance marks the " consummation" of the. agency's. . . Page 121. . . ... definition of the phrase. Instead, the Agency has relied on. informal guidance. ...
372 F.3d 154 (3rd Cir. 2004), 03-1857, In re Resorts Intern., Inc.
... that potentially "affect the successful implementation and consummation of the plan." Id. at 28 (internal quotations omitted). But the ... . Agreement falls within the definition of agreements, documents, or instruments executed in connection with the ...
- 12 CFR 1026.43 - Minimum standards for transactions secured by a dwelling
465 F.3d 977 (9th Cir. 2006), 05-35637, Oregon Natural Desert Ass'n v. United States Forest Service
... an agency action to be final, the action must (1) "mark the consummation of the agency's decisionmaking process" and (2) "be one by which rights or ...The Court noted that § 551(13) "begins" its definition of agency action with a list of "categories of decisions made or outcomes ...
293 U.S. 465 (1935), 127, Gregory v. Helvering
.... . . (i) Definition of Reorganization. -- As used in this section . . . (1) The term ..., and the sole object and accomplishment of which was the consummation of a preconceived plan, not to reorganize a business or any part of a ...
622 F.2d 243 (6th Cir. 1980), 77-3206, Rudisell v. Fifth Third Bank
...", the method for calculating the amount due on default, and a definition of the "Rule of 78s"; failure to describe the security interest; and ... debtor until midnight of the third business day following the consummation . . of the transaction or the delivery of the disclosures required ...
758 F.2d 936 (3rd Cir. 1985), 84-5310, Schweitzer v. Consolidated Rail Corp. (Conrail)
... injury action who had no manifest injury prior to the consummation date of his employer's reorganization in bankruptcy had a dischargeable ...The Second Circuit rejected this argument. Applying a definition of "creditor" that, for present purposes, is virtually identical to the ...
697 F.3d 464 (7th Cir. 2012), 11-3693, Center for Individual Freedom v. Madigan
...See 10 ILCS 5/9-1.8. The Illinois Election Code drew the key definitions of " contribution," " expenditure," and " electioneering communication" ...A plaintiff " does not have to await the consummation of threatened injury to obtain preventive relief." Babbitt v. United ...
70 U.S. 20 (1866), The Plymouth
... commenced upon 'navigable water,' and was continued to its consummation upon the shore. . Third. The same inference is supported .... The truth is, that all general rules, all definitions in sciences, other than the mathematical, are what logicians call dicta ...
617 F.2d 1278 (7th Cir. 1980), 79-1950, Valencia v. Anderson Bros. Ford
... disclosure of certain terms and conditions of credit before consummation of a consumer credit transaction. Mirabal v. General Motors Acceptance ...§ 226.2(gg). The issue before this court is whether this definition encompasses a debtor's assignment to a creditor of returned or unearned ...