News & Analysis as of

Prepayment Penalties

Proskauer Rose LLP

Private Credit Deep Dives – Call Protection

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“Call protection” (which you may also hear referred to variously as a “prepayment fee”, “prepayment premium”, “call premium”, “prepayment penalty”, “non‑call”, “hard call”, “soft call” or “make‑whole”) is a core economic term...more

Moore & Van Allen PLLC

Breakage Costs & SOFR Loans: Breaking-up is Still Expensive

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It may not be the next Taylor Swift song, but a prepayment changes the Lender-Borrower relationship. In a swap, we all know there are consequences. Rather than a “breakage cost”, the swap market just calls it an early...more

Bradley Arant Boult Cummings LLP

New York Enacts Small Business Truth in Lending Disclosure Requirement Affecting Small Business Loans, MCAs, and Other Forms of...

A new year brings new compliance requirements for non-banks and fintechs conducting business in New York, including Merchant Cash Advance (MCA) companies. On December 23, 2020, New York Gov. Andrew Cuomo signed SB5470...more

White & Case LLP

Real estate finance: Floating the idea of fixing

White & Case LLP on

Costs associated with LIBOR's discontinuation could tip the scale in favour of fixed-rate loans in real estate finance. LIBOR's phasing out in 2021 is set to shake up the real estate finance market, amplifying the appeal...more

K&L Gates LLP

European Community Consumer Credit Protection Laws: Similarities and Differences in the United States for Non-Mortgage Credit

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Financial institutions that operate only in the United States (US) or only in the European Union (EU) might be excused for believing that they face unreasonable burdens under local consumer credit protection laws. Broadly...more

Ballard Spahr LLP

California bill capping consumer loan interest rates moves closer to enactment

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AB 539 was cleared by the California Senate’s Banking Committee on June 26. The bill would change several aspects of the California Financing Law (CFL), including by setting new interest rate caps, imposing new rules...more

Ballard Spahr LLP

California bill capping consumer loan interest rates and addressing unconscionability clears Assembly

Ballard Spahr LLP on

Last week, by a vote of 60 to 4 (with 16 not voting), the California Assembly cleared AB 539, which would change several aspects of the California Financing Law (CFL), including by setting new interest rate caps, imposing new...more

Ballard Spahr LLP

California Bill Would Cap Some Deregulated Interest Rates And Address Unconscionability Issue

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A bill introduced last week in the California State Assembly could change the consumer lending landscape in California considerably....more

Morris James LLP

Delaware Superior Court Explains When Mutual Mistake Voids A Contract

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659 Chestnut LLC v. Parke Bancorp Inc., C.A. N17-05-114 MMJ (December 6, 2018) - This is an interesting decision because it deals with the rare instance when a party can prove a mutual mistake as to a contract’s terms so...more

Whitman Legal Solutions, LLC

The “Tourte” of a Real Estate Investment

...Just as the violin student may overlook the importance of the bow, the real estate investor may overlook the importance of financing options and structure. Yet, the types and terms of financing used in the capital stack...more

Proskauer - Tax Talks

IRS Issues Taxpayer Advisory on Prepayment of 2018 Property Taxes

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The IRS announced yesterday, in IR 2017-210 (the “Advisory”), that state property taxes must be “assessed” in 2017 in order for such taxes to be prepaid in calendar year 2017 and therefore deductible in 2017. The Advisory...more

Miller Starr Regalia

Built-In Contract Remedies: Avoiding the Unenforceable Penalty

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Under California law, a provision of a contract found to impose a penalty is unenforceable as a forfeiture and contrary to public policy. The characteristic feature of a penalty is the lack of proportional relation between...more

Katten Muchin Rosenman LLP

Language Matters: Third Circuit Finds Make-Whole Provision Enforceable After Bankruptcy Filing

On November 17, 2016, the US Court of Appeals for the Third Circuit in Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC, No. 16-1351 (3d Cir. Nov. 17, 2016) clarified the often-muddy interplay between...more

Troutman Pepper

Broker Commissions: Technical Requirements Trump Equitable Considerations

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In re Oak Knoll Assocs., L.P., 525 B.R. 175 (Bankr. D. Me. 2015) – A real estate broker sought allowance of an administrative expense claim for his commission in connection with a sale of real estate.  The debtor and...more

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

Dorsey & Whitney LLP

Half-Pie or No Pie? News for Kaisa’s Offshore Creditors

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Kaisa Crisis - The recent financial crisis of Kaisa Group Holdings Ltd. (“Kaisa”), a large-scale Chinese property developer listed on the Hong Kong Stock Exchange (“SEHK”), has been in the headlines for several months....more

Weintraub Tobin

Loan Document Interpretation – Wow! Drafter Beware.

Weintraub Tobin on

A California Court of Appeals recently opined on what appear to be fairly normal yield maintenance provisions. The Borrower defaulted. The bank accelerated the note and later foreclosed. The note provided that the prepayment...more

Mintz - Public Finance Viewpoints

Court Rules on Applicability of Make-Whole Premiums Upon Debt Acceleration

In the context of make-whole premiums, court decisions suggest that the applicability of the premium upon a refinancing in bankruptcy will be governed by the wording of the debt documents, and that if an automatic...more

Ballard Spahr LLP

HUD Issues Final Rule Eliminating ‘Post Payment’ Interest Charges, Preventing FHA Loans from Being Prohibited Next Year

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On August 26, 2014, the U.S. Department of Housing and Urban Development (HUD) issued a final rule to allow FHA-approved lenders to charge an FHA loan borrower interest only through the date the loan is prepaid. The final...more

Stinson - Corporate & Securities Law Blog

CFPB Begins To Fix Recently Adopted Rules

The CFPB has issued a proposed rule clarifying and making technical amendments to the 2013 Escrows Final Rule issued by the Bureau in January 2013. This is the first of the CFPB’s planned issuances to clarify and provide...more

Cole Schotz

Latest Trends in the Enforceability of Make-Whole Premiums

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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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