News & Analysis as of

Loan Documentation Financial Services Industry

Alston & Bird

Broadly Syndicated Loans Are Not Securities

Alston & Bird on

After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term...more

Cadwalader, Wickersham & Taft LLP

We Can Work It Out: The Need for Pre-Negotiation Agreements

In light of the current economic climate, real estate lenders and borrowers will certainly be communicating with one another frequently concerning potential loan modifications and accommodations. It is prudent for lenders to...more

Miller Nash LLP

Why Does My Lender Want My Attorney to Send It an Opinion Letter?

Miller Nash LLP on

Although they have been around for many years, it is becoming more common for a commercial loan lender to require that the borrower’s counsel provide it with an opinion letter. At first blush, this may seem like an oddity:...more

Nelson Mullins Riley & Scarborough LLP

Crossing the “The”: The Importance of Careful Drafting for Recorded Mortgages

In Enter. Bank v. The Ingros Fam. LLC, et al., 2022 WL 2283392 (Bankr. W.D. Pa. June 23, 2022), a lender faced a potentially costly decision when it mistakenly left the word “The” from a borrower’s name. In Ingros, First...more

Cadwalader, Wickersham & Taft LLP

Alterations Provisions April 2022 - Alterations Provisions in Loan Documents

In real estate financing, most loan documents restrict a Borrower’s right to alter the collateralized real property. Alterations provisions in loan documents pertain to any alterations, improvements, or demolition of any...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 28, 2021

Carlton Fields on

Real Property Update - Foreclosure / Return of Original Loan Documents: Foreclosure plaintiff entitled to return of its original loan documents in absence of final judgment canceling note – Wilmington Sav. Fund Soc’y FSB...more

Goodwin

State Attorneys General Challenge the OCC’s “True Lender” Rule

Goodwin on

As LenderLaw Watch previously reported, the Office of the Comptroller of the Currency (OCC) issued its final rule on the True Lender doctrine in October 2020, addressing ambiguity in federal law and establishing that a...more

Williams Mullen

Williams Mullen's Comeback Plan: Part IV - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

Williams Mullen on

In the final installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy...more

Akin Gump Strauss Hauer & Feld LLP

Exploring European Bonds, Loans and Covenants

Akin Gump London-based financial restructuring partner Liz Osborne and finance partners Amy Kennedy and Stephen Peppiatt discuss European bonds, loans and the various flavors of covenants in the current liquidity constrained...more

Ballard Spahr LLP

CT federal district court rules state’s demands to PHEAA for federal student loan documents preempted by federal law

Ballard Spahr LLP on

The Connecticut federal district court has ruled in Pennsylvania Higher Education Assistance Agency v. Perez that demands by the Connecticut Department of Banking (DOB) to the Pennsylvania Higher Education Assistance Agency...more

Winstead PC

[Webinar] Administering A Trust In a Recession: Issues Surrounding Trust Loans To Beneficiaries - April 21st, 10:00 am - 10:45 am...

Winstead PC on

This presentation will address beneficiaries requesting loans from trustees. There are multiple issues that arise regarding the trustee’s authority to do so under the trust’s language and statutory and common law, and the...more

McNees Wallace & Nurick LLC

Coronavirus Credit Checklist For Businesses

The following is not a white paper or an invitation to participate in a webinar. It is offered as a useful checklist for businesses to evaluate potential additional credit needs and to understand problems that could arise...more

King & Spalding

Cancellations, Quarantines and Closings - Coronavirus Considerations for Hospitality Lenders

King & Spalding on

Due to the novel coronavirus outbreak, the hospitality industry is potentially facing its worst crisis since the September 11, 2001 terrorist attacks. In response to the continuing outbreak, major companies have announced...more

Kilpatrick

This Servicing Counselor identifies issues a servicer considers when a borrower requests a release of part of the collateral that...

Kilpatrick on

Example 1. Borrower’s loan documents provide that borrower may obtain the release of noteholder’s lien on a portion of the collateral (Parcel C) if: (1) borrower pays a $1.5 million release price to pay down part of the...more

Ballard Spahr LLP

Washington DFI Extends SCRA Interest Rate Cap to Servicemember Spouses

Ballard Spahr LLP on

In its recently published Summer 2019 Newsletter, the Washington State Department of Financial Institutions (“DFI”) reported that it had interpreted the Servicemembers Civil Relief Act (“SCRA”) broadly to apply the SCRA’s 6%...more

Ballard Spahr LLP

HUD Extends Effective Date of New Requirements for Down Payment Assistance Provided by Government Entities

Ballard Spahr LLP on

As previously reported, on April 18, 2019 the U.S. Department of Housing and Urban Development (HUD) issued Mortgagee Letter 2019-06 setting forth new documentation requirements for down payment assistance provided by...more

Ballard Spahr LLP

New HUD Requirements for Down Payment Assistance Provided by Government Entities

Ballard Spahr LLP on

On April 18, 2019 the U.S. Department of Housing and Urban Development (HUD) issued Mortgagee Letter 2019-06 setting forth new documentation requirements for down payment assistance provided by government entities to be used...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide