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Category Archives: Technology Notes

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eSign & Commercial Finance: A License to Trash the Original Note?

Posted in Compliance, Regulatory, Technology Notes, Training

Are “electronic document” provisions appearing in your commercial loan documents?  This is the second in a series examining two provisions recently reviewed by me in commercial real estate transactions.   Unfortunately, the two provisions have serious problems: for UCC Article 3 notes, making a copy of it will not clothe the copy with Article 3… Continue Reading

eSign & Commercial Finance: On the Bank Report Card in 2016

Posted in Good Times for Lenders, Regulatory, Technology Innovation, Technology Notes, Value Alignment (Client Interests)

Last year, a new topic started to appear in commercial mortgage loan documents: provisions covering the use of electronic documents (aka “electronic records” or “eDocs”).  Unfortunately, two provisions examined by me were not completely correct.  (And until recently, I made the same mistakes.) These provisions, however imperfect, support my bet that starting in 2016, the implementation… Continue Reading

Bankrupt Bitcoin Exchange Mt. Gox begins to Pay Back Account Holders in Bitcoin

Posted in Technology Notes, Workout Issues

Bitcoin is one of several crypto-currencies which are exchanged generally outside of sovereign control and all electronically.  In early 2014, a Bitcoin exchange named Mt. Gox filed bankruptcy in Tokyo and subsequently sought additional protection in the US by filing a chapter 15 bankruptcy petition.  Just recently, the bankruptcy trustee in Tokyo has announced he… Continue Reading

Regulatory Cost Collaboration By ALL! (Even the Lawyers)

Posted in Compliance, Technology Innovation, Technology Notes

In meetings with senior executives and their in-house counsel, I hear this consistent cry: due to ever-increasing regulations, costs associated with compliance are soaring at commercial banks and at financial institutions that own banks (such as life insurance companies).  As a result, “regulatory cost collaboration” is becoming a key strategy for financial institutions with their… Continue Reading

OCC’s Commercial Real Estate Lending Handbook: Misses the List on Legal Issues

Posted in Articles, Good Times for Lenders, Guaranty Issues, Market Trends, Remedies, Technology Notes, Training

Over the last few weeks, I’ve commented on the new version of the OCC’s Commercial Real Estate Lending Handbook (I give it a gentlemen’s C); and I listed a few legal topics that deserve some guidance from the OCC. “Guidance” could even merely be a list of important topics (ending with a warning that the… Continue Reading

A Familiar Shadow: Anticipating CFPB’s Impact On Commercial Lending

Posted in Articles, Good Times for Lenders, Market Trends, Technology Notes

The July 2013 issue of the “Mortgage Banking” magazine focuses on the Consumer Financial Protection Bureau (or “CFPB”).  The coverline  is this: “CFPB – A Powerful New Overseer.” Why my interest in this issue and coverline? In the past, commercial lenders (and their lawyers) blissfully ignored anything involving consumer lending.  We quickly distanced ourselves from… Continue Reading

Refresh Your Mortgage Loan Documents with these Tech Topics

Posted in Good Times for Lenders, Technology Notes

Most commercial real estate loan documents give meaning to the phrase “real estate is old as dirt.”  Why? Because just as dirt doesn’t change, commercial mortgage loan documents largely ignore the impact of technology on the physical attributes, use and operations of the property.   Take another look at your mortgage loan forms with these… Continue Reading

Practical Technology: Office Layout & Desktop Designed for Collaboration

Posted in Technology Notes

Smart uses of technology in our work go beyond mastering the most essential software, or using the coolest hardware.  Smart use of technology includes an “old school” focus on one benefit of technology that is grounded in a thoughtful layout of your office and of your desktop: collaboration. Here are some observations on how I foster collaboration… Continue Reading

List & Links to “HOTTEST” Topics on L360 Point To: new lending, bad loans & iPad tips

Posted in Articles, Good Times for Lenders, Technology Notes, Tough Times for Lenders

My latest resolution is to be better at giving lists of the “hottest” or top topics on L360 – as selected by you. It gives me a rough sense of the direction we’re heading. The summer 2012 list now has several topics on “positive” lending issues, which reflects the general up-tick that I’m seeing in… Continue Reading

Dead Debtor (tortoise) v. Living Lender (hare): Which One Correctly Values On-line Information?

Posted in Good Times for Lenders, Technology Notes, Tough Times for Lenders

The dead are beating their lenders in recognizing the value of, and then protecting, their on-line lives – I mean assets. Does the tortoise beat the hare (again)? Even when the tortoise is dead? This perspective rings out in this: The Dead: on-line assets (accounts, sites and materials) are recognized as an important asset by… Continue Reading

Nominal Tech $$s in Your Company Budget? 4 Easy Steps on “How” to Better Use Tech Tools in Your Work

Posted in Technology Notes

If, like most financial services companies, your department or work team only receives nominal support from your technology group, then my piece in the April issue of Law Practice Today  should interest you: it lays out  a fourfold strategy for better utilizing tech tools.  With fewer people doing more (the new workplace mantra), access to tech tools… Continue Reading

Lease Reviews & Surveillance: “Green” Lease Provisions in “Green” Buildings

Posted in Good Times for Lenders, Technology Notes

Back in December of ’10, I gave you a list of lease provisions that are crafted to address topics unique to “green” buildings. Here’s another version or update on the list: insurance provisions annual environmental performance report (access to space, access to the report, etc.) carbon credits (they belong to Landlord!) building operations (in compliance… Continue Reading