Creditors, Loans | JD Supra Law News

Arbitration Clause Of A Loan Agreement Containing A Class Action Waiver Was Not Void As Being In Violation Of Public Policy

by Adam Koppel | Carlton Fields on 2/8/2013

In Baldwin v. Regions Financial Corp., 98 So. 3d 1201 (Fla. 3d DCA 2012), the District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement, containing a class action waiver,...more

Latest Trends in the Enforceability of Make-Whole Premiums

by Ryan Jareck | Cole Schotz on 2/5/2013

A lender’s entitlement to a make-whole premium, that is, a prepayment penalty designed to compensate the lender for the loss of interest payments it would have received had the borrower continued to service the debt through...more

Attorney Fee Award to Debtor Is Affirmed Where Creditor's "Reasonable Reliance" Claims Have No Merit

by David J. McMahon | Barger & Wolen on 2/4/2013

In Heritage Pacific Financial LLC v. Machuca, 2012 DJDAR 16803 (2012), the US Bankruptcy Appellate Panel for the Ninth Circuit decided an interesting attorney fee case arising in the commercial litigation context. The fee...more

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

by Keith Mullen | Winstead PC on 8/23/2012

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

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

by Keith Mullen | Winstead PC on 8/20/2012

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

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Creditors › Loans

Arbitration Clause Of A Loan Agreement Containing A Class Action Waiver Was Not Void As Being In Violation Of Public Policy

Latest Trends in the Enforceability of Make-Whole Premiums

Attorney Fee Award to Debtor Is Affirmed Where Creditor's "Reasonable Reliance" Claims Have No Merit

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

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

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