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Borrowers

Proskauer Rose LLP

Private Credit Explained: Plug The Gap - Minimizing Value Leakage -

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When negotiating credit agreements, lenders will focus on how to maximize the prospect of their loan being repaid in full at maturity...more

Dinsmore & Shohl LLP

Risk Areas to Consider Ahead of Your Next Regulatory Exam

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The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp. each periodically publish a report that describes their views on the current risk areas threatening the banking industry. The OCC calls its...more

Ballard Spahr LLP

CFPB bans private dispute resolution platform Ejudicate from arbitrating consumer financial product disputes

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The CFPB has banned private dispute resolution platform Ejudicate from arbitrating disputes about consumer financial products, saying that the company had misled student borrowers about the company’s neutrality and initiated...more

Orrick, Herrington & Sutcliffe LLP

OCC bulletin provides guidance on commercial lending refinance risk

On October 3, the OCC issued Bulletin 2024-29, providing guidance on managing credit risk associated with refinancing commercial lending. The bulletin applies to all banks with commercial loans and highlights the increased...more

Troutman Pepper

Update: Mortgage Noteholders Patiently Wait as Second Circuit Punts FAPA Retroactive Application Question To New York Court Of...

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Can the Foreclosure Abuse Prevention Act (FAPA) be applied retroactively? Unfortunately, mortgage noteholders lack a clear response....more

Proskauer Rose LLP

Private Credit Restructuring Trends: Sponsor Capital Infusions in Times of Distress

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One common denominator links nearly all stressed businesses: tight liquidity. After the liquidity hole is identified and sized, the discussion inevitably turns to the question of who will fund the necessary capital to extend...more

Freiberger Haber LLP

Death of a Litigant

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Because litigation can be a long and drawn-out process, it is not uncommon for litigants to die during the pendency of a lawsuit. In today’s BLOG article, we address the problems that may arise when a litigant dies. This BLOG...more

Sheppard Mullin Richter & Hampton LLP

California Passes Law Extending new Protections to Mortgage Borrowers

On September 20, Governor Newsom signed AB 2424, which establishes a significant set of new foreclosure notification and sale requirements for mortgage lenders. The law is effective as of January 1, 2025....more

White & Case LLP

Looking at all the angles: incremental debt incurrence flexibility in detail

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From large cap syndicated deals to mid-market private credit, whether in loans or in bonds, the ability for borrowers to incur material incremental debt is commonplace. However, when you look beyond the headline ratios and...more

White & Case LLP

Indonesian lending activity poised for rebound

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Macroeconomic uncertainty has impacted Indonesian debt markets in recent years. But, after a period of disruption, prospects for domestic and offshore debt issuances are brightening....more

Locke Lord LLP

Proposed Mortgage Assistance Rule: Tips for Servicers

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On July 10, the Consumer Financial Protection Bureau issued a proposed rule that would alter the current Regulation X mortgage servicing procedures in favor of a system that broadly construes requests for assistance, and...more

Holland & Knight LLP

Federal Appeals Court: Can FAPA Be Applied Retroactively in New York?

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In East Fork Funding LLC v. U.S. Bank, National Association, as Trustee for Greenpoint Mortgage Funding Trust Mortgage Pass-Through Certificates, Series 2006-AR6, No. 23-659, 2024 WL 4351792 (2d Cir. Oct. 1, 2024),1 the U.S....more

Orrick, Herrington & Sutcliffe LLP

California enacts new mortgage foreclosure procedures

On September 20, the Governor of California signed AB 2424 (the “Act”), which enacts new mortgage foreclosure procedures. The Act mandates mortgage servicers, trustees and beneficiaries provide borrowers with enhanced notices...more

Akin Gump Strauss Hauer & Feld LLP

Cybersecurity & Data Privacy Issues in Fund Finance

During the course of any lending transaction, lenders will conduct a due diligence review of the borrower, including reviewing any relevant “know-your-customer” information. In the context of a fund finance transaction, this...more

Troutman Pepper

CFPB’s Fall Edition of Supervisory Highlights Focuses on Auto-Finance Market

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On October 7, the Consumer Financial Protection Bureau (CFPB or Bureau) published the Fall edition of its Supervisory Highlights, focusing on examinations of the auto-finance market completed between November 1, 2023, and...more

Mandelbaum Barrett PC

Spotlight On: Purchase and Sale of Promissory Notes

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Promissory notes play a critical role in financial transactions, serving as a written promise from a Borrower to pay a Lender a specified sum of money under agreed-upon terms. Understanding the intricacies of buying and...more

Ballard Spahr LLP

Case in which CFPB came to financial institutions’ defense dismissed

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An Illinois federal judge has dismissed a proposed class action lawsuit that alleged that two Midwestern banks failed to provide repayment disclosures to borrowers, in a case that was unique because the CFPB came to the...more

Hogan Lovells

Beds and sheds – key financing considerations

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In this article, we consider the key considerations for a lender when financing particular asset classes. We have focused for these purposes on those asset classes which we consider to be the most topical at the moment:...more

McGlinchey Stafford

Lender FAQs: Understanding Texas Home Equity Loan Modifications

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As interest rates decline in 2024, lenders who make home loans to Texas residents are seeing an uptick in loan modification requests. Although a “mod” for a conventional loan is straightforward, there are – as always – unique...more

Goulston & Storrs PC

Different Sectors, Same Page

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I recently attended the IMN Distressed CRE Forum in New York, alongside my colleagues Brian Cohen, Zev Gewurz and Doug Rosner.  It was great to connect with and hear from people across many different places in the industry,...more

Cadwalader, Wickersham & Taft LLP

Clearing the Hurdle, September 2024 - Hurdling Into the Borrowing Base

As was briefly touched upon in a prior Fund Finance Friday article “Borrowing Base/Coverage Ratio Approaches in Subscription Finance Facilities,” a subscription facility which uses the borrowing base approach looks at each...more

Orrick, Herrington & Sutcliffe LLP

Lender settles with Puerto Rico for $7.7M

On September 18, the U.S. District Court for the District of Puerto Rico issued a consent judgement and order to resolve a dispute between the Commonwealth of Puerto Rico and a consumer lending company. According to the...more

Orrick, Herrington & Sutcliffe LLP

California enacts mortgage law on co-borrowing with divorces

On September 22, the Governor of California signed AB 3100 into law (the “Act”) which will change the requirements for conventional home mortgage loans in the state. The legislation will require any conventional home mortgage...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Borrower’s Approach to The Real Estate Mortgage Loan Workout

Many owners of commercial properties across the country encumbered by mortgage debt are still struggling to navigate the distressed real estate market, primarily due to their inability to pay current debt service resulting...more

Orrick, Herrington & Sutcliffe LLP

CFPB says 2024 federal student loan interest rates will cost borrowers

On September 13, the CFPB published a blog post stating that higher student loan interest rates could cost students over $3 billion in the aggregate in additional interest for loans taken out in 2024. The Bureau reported that...more

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