Keith Mullen

Keith Mullen

Winstead PC

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OCC’s Commercial Real Estate Lending Handbook: Misses the List on Legal Issues

Over the last few weeks, I’ve commented on the new version of the OCC’s Commercial Real Estate Lending Handbook (I give it a gentlemen’s C); and I listed a few legal topics that deserve some guidance from the OCC. ...more

10/17/2013 - Banks Commercial Real Estate Market Handbooks Lenders Loan Documentation OCC

Grading the Examiners: OCC’s Commercial Real Estate Lending Handbook gets a “C”

Last month, the Office of the Comptroller of the Currency published the Commercial Real Estate Lending handbook (August 2013). The 128 page handbook gives guidance to bank examiners and bankers on risks inherent in...more

9/19/2013 - Commercial Real Estate Market Handbooks Lending OCC Real Estate Market

A Familiar Shadow: Anticipating CFPB’s Impact On Commercial Lending

The July 2013 issue of the “Mortgage Banking” magazine focuses on the Consumer Financial Protection Bureau (or “CFPB”). The coverline is this: “CFPB – A Powerful New Overseer.”...more

7/11/2013 - CFPB Commercial Loans Mortgage Servicers Mortgages

Real Estate Title Review: Don’t Miss These Stealth Restrictions

In many cities, urban growth now fills the farmland that once surrounded Navy and Air Force airfields. Real estate development and finance near Navy and Air Force runways, however, requires special attention to a special set...more

6/24/2013 - AICUZ DOD Real Estate Development

Foreclosure Tip #1: Inspections – Do It Before You Own It

In some parts of the country, a recovering local economy means the special asset (or problem loan) groups are reducing staff, as loan production groups come back to life. Leaving the special asset group under-staffed could...more

4/17/2013 - Client Services Foreclosure Inspections Legal Title Mortgages

Refresh Your Mortgage Loan Documents with these Tech Topics

Most commercial real estate loan documents give meaning to the phrase “real estate is old as dirt.” Why? Because just as dirt doesn’t change, commercial mortgage loan documents largely ignore the impact of technology on the...more

4/3/2013 - Commercial Loans Contract Drafting Default Foreclosure Internet Mortgages Technology

Business Focus on Connections & Information Ignores . . . Lawyers

As I look around the business landscape, much of the focus of company growth seems to center on leveraging the internet for greater connections (with their trading partners) and for more information (“big data”)....more

3/27/2013 - Big Data Business Development

Distressed Commercial Real Estate: Lessons from 2012 and Predictions for 2013

In 2012, distressed commercial real estate . . . looked a lot like 2011 . . . and 2010 . . . and 2009. Here are my observations on distressed commercial real estate in 2012...more

1/11/2013 - Real Estate Market

Commercial Real Estate Lending: Lessons from 2012 and Predictions for 2013

The combination of 4 speaking engagements and working on 4 new (or revived) lending products buried me during the last several months. Fortunately, I’ve navigated the course, and it is a new year. It is time to take a look...more

1/2/2013 - Construction Loans Loans Real Estate Market

Proposed Rules Could Change Penalty Box for Life Company Lenders

As commercial real estate lenders, life insurance companies have a unique approach on dealing with potential losses or loan loss reserves in their mortgage loans holdings. Unlike bank mortgage lenders, who apply their risk...more

11/1/2012 - Capital Requirements Life Insurance Loans Mortgage Experience Adjustment Factor Mortgages Real Estate Market

What Law to “Choose” in Commercial Mortgage Loan Docs? Simple.

Provisions in commercial mortgage loan documents, where a particular state law is “selected” as the governing law, can drive a deal into a ditch, and take a good (or growing) lending relationship into the emergency room. In...more

9/27/2012 - Choice-of-Law Mortgages

Sell the Company as the “Exit” Strategy? Tips on the Forbearance Agreement

The “forbearance” agreement between a lender and a borrower is an important piece of an orderly sale of a company (as it sells all of its assets and pays creditors). Whether you’re the creditor or the company, a thoughtful...more

9/20/2012 - Debtor-Creditor Forbearance Agreements Liens

Hide and Seek: Service of Process as a New Loan Provision

Lenders are refreshing their mortgage loan documents with provisions based on the “lessons learned” during the recent (continuing?) economic experience. One change is to add a service of process provision....more

9/14/2012 - Mortgages Service of Process

Even More Bad Boy Liability Events: My List of Liability for Lender’s Losses or Damages

In addition to the events that create “full recourse” liability (for the entire loan), bad boy liability also includes losses or damages incurred by the Lender based upon another list of “bad” events or triggers. I’m sure...more

8/23/2012 - Bad Boy Liability Creditors Debtor-Creditor Full Recourse Loans

The List of “Bad Boy” Recourse Liability Events Keeps Growing: My “Roll Up” Version

Several months ago, I mused that, due to the conservative trending of commercial real estate lending, the list of “bad boy” exceptions (to a “no personal liability” deal) could be viewed as a full recourse deal. In other...more

8/20/2012 - Bad Boy Liability Creditors Debtor-Creditor Full Recourse Loans

Construction to Permanent Loan on the Return: Tips on Due Diligence and Loan Documents (part 1)

Credit seems to be more available for commercial real estate. For example, I know of one commercial real estate lender working on a construction to permanent loan program. This type of lending blends two types of loans: a...more

7/25/2012 - Casualty Insurance Construction Contracts Construction to Permanent Loan Program Due Diligence Letter of Credit Loans Surveys Title Insurance

Credit Availability Increasing? . . . “Yes” for Employee Stock Ownership Plans (part 2)

Credit availability seems to be improving in the commercial markets. One common (and obvious) test for new commercial lending is “how will the borrower fare in the tough times, or a stress test?” Generally, loans to...more

7/20/2012 - Commercial Loans ESOP Stress Tests

Prospecting for a Niche Commercial Borrower? An ESOP Loan Might Be Your Punch

“ESOP” loans can be both an “exit” strategy for a company in distress (and its lenders), and an “entrance” opportunity for lenders targeting the right prospect. Lending to an ESOP company can hit the mark coming (good times)...more

7/11/2012 - Commercial Loans ESOP

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