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Prepayment Penalties Creditors

Troutman Pepper

Mortgage Claims: Sometimes the Debtor Wins, and Sometimes the Lender Wins

Troutman Pepper on

Brandywine Townhouses, Inc. v. Fed. Nat’l Mortgage Ass’n (In re Brandywine Townhouses, Inc.), 518 B.R. 671 (Bankr. N.D. Ga. 2014) – The debtor objected to a secured creditor’s claim on a number of grounds: it did not...more

Cole Schotz

Latest Trends in the Enforceability of Make-Whole Premiums

Cole Schotz on

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

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