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: Special Servicer
Into the Looking Glass (Day Three – part 2): 2009 MBA-CREF – CMBS Special (workout) Servicing Myths? Fact or Fiction
Posted in Good Times for Lenders, Market Trends, Remedies, Tough Times for Lenders, Workout Issues(This is part of a series of postings from the 2009 MBA-CREF convention in San Diego.) (Trends; Arriving; Day One; Day Two; Day Three) My time at the convention has been a series of "firsts" for me: "live" blogging on Day Two during the Opening Session talk by Paul Begala of CNN and Tucker Carlson of MSNBC (thereby cementing,… Continue Reading
Key Differences Between CMBS Loans and Portfolio Loans in the Loan Default Scenario (Part 2)
Posted in 1 Guest Writers, Tough Times for LendersGuest Writer – Christopher T. Nixon, Winstead PC (2nd in a series of 2 postings) In my prior posting (Part 1), I covered some of the key differences between a workout of a CMBS loan and a workout of a portfolio loan. Here are some more: Flexibility. Due to REMIC rules and the restrictions and limitations… Continue Reading
Key Differences Between CMBS Loans and Portfolio Loans in the Loan Default Scenario (Part 1)
Posted in 1 Guest Writers, Tough Times for LendersGuest Writer – Christopher T. Nixon, Winstead PC (1st in a series of 2 postings) In the commercial loan default scenario, CMBS Special Servicers are not able to provide to borrowers many of the accommodations that may be provided to borrowers by portfolio lenders. CMBS Special Servicers are subject to many more restrictions and limitations… Continue Reading