News & Analysis as of

Commercial Loans

Syndicated loans march ahead

by Dentons on

Federal Law No. 486-FZ on Syndicated Loans and Amending Certain Legislative Acts of the Russian Federation dated 31 December 2017 - Russian authorities have been looking to regulate syndicated lending for some time. With...more

Two Mortgage Company Executives Plead Guilty to Fraud

by Weiner Brodsky Kider PC on

Two mortgage company senior executives recently pleaded guilty in federal court to wire and bank fraud charges stemming from a scheme in which they conspired to obtain over $8.9 million in warehouse loans from banks by...more

California Bill Seeks To Impose Disclosure Requirements On Commercial Lenders

by Allen Matkins on

I have often remarked that the California Financing Law (fka Finance Lenders' Law) imposes virtually no substantive lending requirements. That will change if Steve Glazer succeeds in enacting SB 1235. This bill would...more

I Urgently Want to Report the Deaths of the Non-Con Opinion (But Probably Cannot…Yet)

by Dechert LLP on

Our friend, Dan Rubock, just inked an interesting and timely piece entitled, “Key pillars of loan structural quality are eroding, especially in single-borrower deals.” As usual, Dan’s views at Moody’s are worth considerable...more

SBA to Ring In New Year with New Franchisor Requirements

by Davis Wright Tremaine LLP on

Effective January 1, 2018, franchisors that wish to help their franchisees qualify for loans backed by the U.S. Small Business Administration (SBA) must be listed on the SBA’s new “Franchise Directory.” SBA-guaranteed small...more

Full Speed Ahead: SBA Directory May Hasten Franchisee Lending Process

by Lewitt Hackman on

As of January 1, 2018, the U.S. Small Business Administration (SBA) will begin implementing new rules that will affect franchisors, entrepreneurs wishing to join a franchise system, and lenders or CDCs (Certified Development...more

Don't Lien on Me: Identification and Mitigation of Maritime Lien Risks in Marine Lease/Loan Transactions

by King & Jurgens, L.L.C. on

Due to their increasing size, specialization and technological sophistication, today’s vessels present attractive “big-ticket” financing opportunities. However, commercial vessels, regardless of type, will inevitably incur...more

The Defense of Commercial Lenders in Multi-Tenant Bankruptcy

by Stinson Leonard Street on

The Sixth Circuit Court of Appeals in its recent decision in Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats LLC), Case No. 16-1812 (6th Cir. May 2, 2017), reinforces an option that commercial lenders...more

Cannabis Business? The Impact of Federal Law Might Reach Further Than You Think.

by Farrell Fritz, P.C. on

Everyone involved, or thinking about becoming involved, in the cannabis business is aware of the conflict between the laws of those states legalizing marijuana and the Controlled Substance Act (the “CSA”). The CSA is a...more

The OCC is Busy: Regulatory Update

by Hellmuth & Johnson PLLC on

The Office of the Comptroller of the Currency (OCC) shared several updates over the past six weeks that require the attention of financial institution leaders. In fact, some changes go into effect as soon as December 1, 2017....more

Orrick's Financial Industry Week In Review

France Welcomes Foreign and Alternative Capital Providers with Latest Reform of Finance Sector - Long a cornerstone of the French banking system, the "French banking monopoly" largely prevents non-bank entities from...more

CFPB files amicus brief in Eleventh Circuit ECOA case

by Ballard Spahr LLP on

The CFPB has filed an amicus brief in Regions Bank v. Legal Outsource PA, a case on appeal to the Eleventh Circuit that involves two important issues under the Equal Credit Opportunity Act (ECOA): whether the ECOA provides a...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The Peltz/P&G drama continues, with the company suggesting that Trian has lost its bid for a Board seat and the fund arguing that it disagrees with the company’s counting of the ballots....more

US Bankruptcy Filing Limitations - How Far Can You Go?

by Dechert LLP on

In order to file for bankruptcy, a corporate entity must be legally authorized to do so. Whether the bankruptcy petition has been duly authorized is governed by state law and often depends on the entity’s governance...more

When a Lender Forecloses on a Leasehold Interest….

Loans are often secured by the fee title to real property owned by the borrower. But loans can also be secured by the borrower’s leasehold interest in property....more

Finding the Unicorn in Lender Liability Litigation

by Bryan Cave on

Investors frequently talk in terms of trying to find the next unicorn, that small start-up company that is going to turn into a billion dollar valuation. Lawyers are like that as well, always looking for that new decision...more

It’s the Taxes, Stupid

by Dechert LLP on

In this commentary we have talked about a lot of challenges facing commercial real estate finance and other capital market activities over the years. With more or less “pants on fire” anxiety, we’ve talked about Dodd-Frank’s...more

Missouri Appellate Court Clarifies MUFTA After Complicated Lawsuit

by Polsinelli on

A recent court case – May v. Williams, WD 79651, 2017 WL 3253046 (Mo. Ct. App. Aug. 1, 2017) – heard by Missouri’s Western District Court of Appeals provided insight on the proper procedures and application for piercing...more

HVCRE: The Continuing Saga of Lenders

by Bryan Cave on

Bryan Cave attorney Jerry Blanchard joins hosts Jonathan Hightower and Rob Klingler in the studio today to discuss High Volatility Commercial Real Estate (HVCRE) loans....more

A New Day for Louisiana Oil and Gas Lenders?

by Gray Reed & McGraw on

Lenders to Louisiana operators are likely to be reconsidering their business practices in light of Gloria’s Ranch v. Tauren et al. A rather ordinary lease termination suit resulted in the lender Wells Fargo being...more

Demanding that a person “take it or leave it” in negotiations does not impose economic duress

by Butler Snow LLP on

The Tennessee Court of Appeals, Middle Section: SK Food Corporation, et al. v. FirstBank, Case No. M2016-01019-COA-R3-CV, filed 02/28/2017, recently had the opportunity to consider whether a party, faced with a “take it or...more

New Case Law on Upfront Fees in German Loan Agreements

by Shearman & Sterling LLP on

On 4 July 2017, the German Federal Court of Justice (BGH)—in two separate cases—held that pre-formulated agreements on work fees that are payable independent from the term of the underlying loan and agreed between a financial...more

Regulatory reports, reviews and initiatives

by Dentons on

The below provides a very brief and incomplete summary of government and regulatory initiatives with potential impact for the credit industry as at the date of this report....more

Forum Selection in New York

Credit documents in lending transactions commonly contain a choice of forum provision setting forth the agreement of the parties to submit to the jurisdiction of the New York state courts and federal courts sitting in the...more

Reaping Wild Oats – Creative Strategies Employing the Concepts of Chapter 12 of the Bankruptcy Code for Handling Distressed...

by Ervin Cohen & Jessup LLP on

Handling distressed agricultural loans can be very tricky. Loan balances for agricultural loans are typically smaller than nonagricultural commercial real property secured loans, requiring that they be handled extremely cost...more

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