News & Analysis as of

Commercial Loans

White and Williams LLP

Court Denies Injunction in Battle of Titans of New York Real Estate and Allows UCC Sale of Pledged Equity Interests to Proceed

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On January 27, 2026, Justice Andrea Masley, of the Supreme Court of the State of New York, County of New York: Commercial Division Part 48, issued her Decision + Order on Motion, vacating her prior temporary restraining order...more

Hudson Cook, LLP

The Hudson Cook Usury Monitor - A Publication of Recent Usury and Finance Charge Cases - Fall 2025

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For those interested in all things "Interest" related, we provide a summary of recent state and federal court cases involving usury, finance charges, and interest rates, as they relate to the consumer and commercial credit...more

Patton Sullivan Brodehl LLP

The “Sham Guaranty” Defense is Not Easy to Establish

Under California anti-deficiency law, borrowers enjoy robust protections.  Guarantors — not so much.  The statutory protections afforded to borrowers cannot be waived, while for guarantors, they can be (and almost always are)...more

Cadwalader, Wickersham & Taft LLP

Secrets, Syndicated Exits and What’s Next, January 2026 - Keeping Secrets

For a myriad of reasons, it is not uncommon for a lender to exit a syndicated facility at the time of renewal or a facility downsize or if a significant amendment of a different nature is requested. Most administrative agents...more

Burr & Forman

“Sealed According to Law”: The First Loan Closings in Antiquity, Part I

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In this two-part article, the author presents an overview of what various ancient textual artifacts “remember” about the earliest loan closings known to history and their participants, exploring the commercial lending...more

Morrison & Foerster LLP

OCC Updates Venture Lending Guidance and Clarifies Supervisory Expectations

On December 5, 2025, the Office of the Comptroller of the Currency (OCC) issued OCC Bulletin 2025-45 (the “2025 Bulletin”) with updated guidance for national banks and federal savings associations (generally, “banks”)...more

Kaufman & Canoles

Court of Appeals of Virginia Affirms Circuit Court Order Declaring a Deed of Trust Void

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Yesterday, in Loan Funder LLC, Series 715 v. Farm Life, LLC, Record No. 0784-24-4 (Ct. App. Va. Jan. 20, 2026), the Court of Appeals of Virginia issued a significant decision affirming an order entered by the Circuit Court of...more

Mayer Brown

Asset-Level Eligibility Series: Delivery of Promissory Notes

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This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, its original promissory note (if any) must be delivered to the collateral agent or custodian....more

Ropes & Gray LLP

Key Negotiation Points for Back-Leverage Structures

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This third instalment of our five-part series offering insights into CRE back-leverage examines the terms most frequently negotiated when documenting back-leverage transactions in Europe....more

Alston & Bird

Commercial Financing Disclosure Requirements and Exemptions

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In a development that has not attracted sufficient industry attention, eleven commercial financing laws enacted to date require providers of certain types of commercial financing to disclose key terms to small businesses and...more

Woods Rogers

Interacting with Servicers During Loan Defaults

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When a commercial loan falls into default, borrowers often assume the greatest risk comes from the lender’s enforcement tools, such as foreclosure, receivership, or outright litigation. In practice, however, the party with...more

Buchalter

Starting January 1, 2026, For Commercial Financing Offers of $500,000 or Less, New California Senate Bill 362 Places Limitations...

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California recently enacted Senate Bill 362 (2025 SB 362), to take effect January 1, 2026. SB 362 expands on the state’s commercial financing disclosure law for small business lending found at Financial Code Sections 22800,...more

Mayer Brown

Asset-Level Eligibility Series: Governmental Authorities

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This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan’s obligor cannot be a governmental authority. EXAMPLE OF ELIGIBILITY CRITERIA: ...more

Lowenstein Sandler LLP

New York Enacts 2022 UCC Amendments, Including Article 12 and Related Article 9 Revisions

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Governor Hochul of New York signed Assembly Bill 3307-A/Senate Bill 1840-A into law, enacting 2022 Uniform Commercial Code amendments, including a new Article 12 governing controllable electronic records and related revisions...more

Goulston & Storrs PC

New LME Strategy Targets Sacred Payment Rights Through Grace Period and Default Amendments

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Market participants are increasingly focused on a developing liability management strategy in which borrowers and majority lenders are exploring whether amendments to grace periods and Event of Default provisions can be used...more

Baker Botts L.L.P.

Guidance for Sovereigns, Private Bond Creditors and Multilaterals: IMF Maps Weaknesses in Today’s Restructuring Architecture

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In October 2025 the IMF released the 2025 Debt Stocktaking Policy Paper. This represents the first comprehensive review of documentation relating to international sovereign restructurings since 2020....more

Paul Hastings LLP

New UAE Banking Law Clarifies Digital Finance but Leaves Guarantee Requirements Uncertain

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The UAE’s legal and financial sectors have welcomed the introduction of “Federal Decree Law No. 6 of 2025 Regarding the Central Bank, Regulation of Financial Institutions and Activities, and Insurance Business” (the New...more

Latham & Watkins LLP

Transition Finance Gets a Harmonised Framework LMA Issues Guide to Transition Loans

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The Guide aims to unlock transition capital for hard to abate sectors and accelerate decarbonisation through a clear, cross border framework....more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (11/12/25) – Banks Weather CRE Storm, Industrial Outdoor Storage Markets Soar, and Office...

In our latest roundup, turnover rate for US homes drops to a 30-year low, global data center real estate funding struggles to keep pace, industrial real estate space surges, and more! U.S. regional banks’ commercial real...more

DarrowEverett LLP

Navigating FCC Rules in Broadcast Lending and Collateral Structuring

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Under the Communications Act of 1934, as amended (the "Communications Act"), a Federal Communications Commission (the "FCC") broadcast license cannot be owned or directly encumbered by security interests. Still, lenders...more

King & Spalding

Florida Appellate Court Holds Loan Is Not a Security

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A Florida intermediate appellate court recently reversed a $5.8 million judgment in a dispute arising out of loan participation agreements between a commercial lender and an investment firm, reasoning that the agreements were...more

DLA Piper

Syndicated Loan Market Trends: Key Insights From the NYC Commercial Finance Meeting

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Financial services professionals recently gathered at the NYC Commercial Finance Meeting 2025 to discuss evolving trends in the United States corporate loan market. Organized by the American Bar Association, the event...more

Amundsen Davis LLC

When a Commercial Borrower Defaults: Understanding the Lender’s Options

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When a borrower defaults on a commercial loan, the lender's initial steps can make the difference between a successful workout and a drawn-out collection process. It is essential to understand the lender’s options and act...more

Orrick, Herrington & Sutcliffe LLP

California strengthens commercial financing laws

On October 6, the governor of California signed into law SB 362 to increase transparency in commercial financing disclosures. The act prohibits providers of commercial financing from using the terms “interest” or “rate” in a...more

Levenfeld Pearlstein, LLC

PEB Commentary Casts Doubt on Incorporation-by-Reference Approach to UCC-1 Collateral Descriptions

In the context of secured transactions, the importance of a properly completed and filed UCC-1 financing statement (“UCC-1”) cannot be overstated. While a UCC-1 is often the simplest document in a transaction — i.e., a...more

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