Recently I commented that "lender liability" in the current down turn really is all about "lender [lack of] responsibility." Here’s an example of "how" lenders and servicers are refining or improving their approach and process to avoid this new version of lender liability: In situations where multiple parties service a commercial real estate loan, care… Continue Reading
Tag Archives: Default
Challenges in Commercial Leases During Workouts – First Steps FAQ
Posted in FAQs, Tough Times for Lenders, Workout IssuesGuest Writer, Laura P. Sims, Winstead PC This is a special series of blog entries in which we provide some quick answers to lenders’ frequently asked questions related to tenant leases (FAQ). Leases are "the" whole point of income producing property – and this series is pointed to the simple goal of helping you protect the… Continue Reading
Dealing With a Distressed CBMS Loan? New Guidance from the Feds
Posted in Tax Issues, Tough Times for Lenders, Workout IssuesSick and beyond tired of the inflexibility of CMBS servicers in making needed modifications to CMBS loans that we all know are in the ditch? Help might be here: On September 15, 2009, the IRS and the Department of the Treasury issued three pieces of guidance relating to commercial mortgage loans held by a securitization… Continue Reading
The Ox and the Ditch: FAQ – Reduce the Commitment? Monthly Statements? New Written Agreements?
Posted in 1 Guest Writers, Tough Times for Lenders, Training, Workout IssuesGuest Writer: Brenda Brown, Winstead PC More from ourTough Times FAQs series: FAQ #4 – Do I need to reduce the commitment amount after sending a Notice of Default? Typically, no – once the loan is declared to be in default, or once the maturity of the loan is accelerated, the lender has no on-going funding… Continue Reading