Purchase and Sale of Distressed Real Estate-Secured Loans by Doug Van Gessel and Katharine Allen

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As the credit crisis continues and financial institutions seek to rid themselves of "toxic" real estate loans, most observers anticipate that, for the first time since the early 1990's, significant portfolios of distressed real estate loans will be purchased and sold once sellers and buyers can agree on a reasonable valuation for such portfolios. However, both the issues and the players involved in loan portfolio sales have changed significantly since the 1990's. This article discusses both the traditional issues involved in distressed loan portfolio sales and some new issues to consider for the next round of portfolio sales.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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