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Tag Archives: Foreclosure

Foreclosure Myths: There Should Be No Mystery About Foreclosing CMBS Or Agency Loans (Here are a few tips)

By Keith Mullen on Posted in Market Trends, Remedies, Tough Times for Lenders

Tommy Bastian has a great presentation on the "myths and reality" of foreclosing in Texas. He addresses several very important and unique attributes surrounding the foreclosure of securitized real estate loans.  It is a very popular topic of readers of TT4L. Indeed, Courtney Bristow’s article is a top 5 download on the topic (published here almost… Continue Reading

Why No (little) Mention of UCC Foreclosures In Dispute?

By Keith Mullen on Posted in Market Trends, Remedies, Tough Times for Lenders, Training

Question: so, what is the deal with so little (OK, almost zero) mention of law suits, disputes and muck-rucking involving UCC (personal property) foreclosures and commercial loans?  Answer: because a UCC foreclosure sale can be, depending upon the facts, just . . .  a bad place for a lender to be.  Bad. If Your Collateral is Personal… Continue Reading

Foreclosures: What Happens To Commercial Leases & Personal Property?

By Keith Mullen on Posted in FAQs, Remedies, Tough Times for Lenders

This is a series of blog entries in which we provide some quick answers to lenders’ frequently asked questions (FAQ). Two of my favorite little "sayings" about distressed commercial real estate are these: It’s all about the lease (think money) Is there any collateral that is NOT real property?  Does the collateral include any personal… Continue Reading

FAQ – Advantages and Disadvantages of a Real Property Deed In Lieu of Foreclosure

By Keith Mullen on Posted in FAQs, Tough Times for Lenders

This is a series of blog entries in which we provide some quick answers to lenders’ frequently asked questions (FAQ).  While I’ve covered this subject before [link], here’s another overview of the advantages and disadvantages of taking title (to real property collateral) back from a borrower "in lieu of" doing a foreclosure. FAQ# 16 –… Continue Reading

FAQ – Advantages and Disadvantages of a Real Property Foreclosure

By Keith Mullen on Posted in FAQs, Tough Times for Lenders

This is a series of blog entries in which we provide some quick answers to lenders’ frequently asked questions (FAQ). FAQ # 14 –  What are the advantages of a real property foreclosure? Biggest advantage is that foreclosure extinguishes all liens that are subordinate or inferior to the lender’s lien.  However, not all liens will… Continue Reading

Change: New Federal Foreclosure Law Gives Residential Tenants 90 Days to Vacate

By Keith Mullen on Posted in 1 Guest Writers, Remedies, Tough Times for Lenders

(More from our "Watch for Change" series . . . .) As you know, the "new" economy is prompting a wide range of new laws and ordinances, all of which present opportunities for the unwary to trip up and mess up in the collection process. This posting will interest you if any of your collateral involves… Continue Reading

The Ox and the Ditch: FAQ – Reduce the Commitment? Monthly Statements? New Written Agreements?

By lstrawn on Posted in 1 Guest Writers, Tough Times for Lenders, Training, Workout Issues

Guest 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

Watch for Change at the State House: Note Registration Before Foreclosure?

By Keith Mullen on Posted in Market Trends, Remedies, Tough Times for Lenders

More on our "Watch For Change (at the state house)" series (prior postings on new business tax; new foreclosure fee) . . . . I suspect that many state and local authorities soon will be requiring lenders to register a loan BEFORE the loan is foreclosed. Yes, another foreclosure trip wire. Recently, a representative of… Continue Reading

More on That Ticking Sound: Don’t Forget to Obtain or Verify Insurance Coverage

By Keith Mullen on Posted in Good Times for Lenders, Insurance & Environmental Risks

Here’s another topic from our "ticking sound" series covering insurance issues and environmental issues: The subject of insurance for foreclosed properties doesn’t seem to come up very often, most likely because there are so many other more pressing problems to worry about. But failing to ensure that the property has adequate insurance – not just "trendy" coverage like environmental… Continue Reading

Foreclosure and the Residential Tenant: Some Helpful Tips

By Keith Mullen on Posted in Remedies, Tough Times for Lenders

As noted in our recent posting on this subject (The Very Dark Side), the Concurring Opinions Blog  addressed a volatile topic: evicting residential tenants after a real property foreclosure of a single-family residence.  In this posting, we suggest this topic has more relevance to commercial lenders and servicers than you might initially think; and we… Continue Reading

Real Property Foreclosure & Deed-in-Lieu: A Brief Description(Part 3)

By Keith Mullen on Posted in Remedies, Tough Times for Lenders

In two prior postings (Part 1) (Part 2), I briefly described each concept and the advantages of both. In this third and final posting, I’ll briefly contrast the disadvantages of both.  So, here we go (with the expectation that you’ll add to this listing): Disadvantages of Foreclosure Major disadvantages of a foreclosure include the following:… Continue Reading

Real Property Foreclosure & Deed-in-Lieu:A Brief Description(Part 2)

By Keith Mullen on Posted in Remedies, Tough Times for Lenders

2nd in a series of 3 postings In a prior posting, I briefly described each concept.  The more difficult task is contrasting and comparing them.  So, here we go (with the expectation that you’ll add to this listing): Advantages of Real Property Foreclosure Major advantages of a foreclosure include the following: The one overwhelming advantage… Continue Reading