Heather Nason

Heather Nason

Rogers Towers

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Latest Publications


Spouse-Guarantor Rule: A Split Between Federal Circuit Courts

When a closely-held entity applies for a loan, the financial institution usually requires the entity’s owner(s) to guaranty the loan. If the owner is married, the financial institution may also require the owner(s) spouse(s)...more

10/29/2014 - Debt Collection Default ECOA Guarantors Regulation B

Holding a Deed in Lieu in Escrow

To avoid foreclosure, a borrower might agree to execute a deed in lieu of foreclosure to be held in escrow. In these circumstances, the borrower would execute a deed-in-lieu of foreclosure to the mortgaged property in favor...more

9/24/2014 - Deed-in-Lieu of Foreclosure Escrow Holders Foreclosure Secured Lenders Title Companies

Beyond the Rent Roll – Retail Lease Agreements

Commercial mortgage lenders of non-owner occupied property need to be adept at reviewing leases to protect themselves from risk. Although the rent roll is a useful tool, some lenders learned during the economic downturn that...more

8/20/2014 - Commercial Leases Commercial Real Estate Market Leases

Diligence in Hotel Lending

The hotel industry appears to be on an uptick, which is good news for lenders. Hotel construction in May 2014 is up over 13% from the same time period in 2013. Moreover, record high occupancy rates and low supply could...more

7/17/2014 - Comfort Letter Financing Hospitality Industry Hotels Lending Occupancy UCC

Recent Cases Support Foreclosing Lenders against Challenges to Standing

The Florida Second District Court of Appeals recently ruled on yet another challenge to a note holder’s standing to foreclose based on lack of ownership of the mortgage. In OneWest Bank, F.S.B. v. Bauer (May 30, 2014), the...more

6/18/2014 - Appeals Foreclosure Lenders Loan Documentation MERS Mortgages Secured Lenders Standing

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