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Lenders 360

Tag Archives: Forbearance

Sell the Company as the “Exit” Strategy? Tips on the Forbearance Agreement

Posted in Tough Times for Lenders

The “forbearance” agreement between a lender and a borrower is an important piece of an orderly sale of a company (as it sells all of its assets and pays creditors).  Whether you’re the creditor or the company, a thoughtful forbearance agreement (balanced with key interests of both sides) must be in place to begin the… Continue Reading

Negotiation Agreements: What About Waivers of Claims & Defenses As A Key Term?

Posted in Tough Times for Lenders, Training, Workout Issues

Yesterday, I did a day trip to Los Angeles with Brian Morris, Greg Erwin & John Nolan.  A life insurance company asked us to meet and discuss issues surrounding distressed commercial real estate loans. It was a reprise of the presentation made by Brian & John at the UT Law School Mortgage Lending Institute.  (For… Continue Reading

Green Building As Collateral: First Lessons From First Few Tips On Dealing With Green Buildings

Posted in Insurance & Environmental Risks, Technology (including Green Buildings), Tough Times for Lenders, Workout Issues

We’re investigating green buildings, from the perspective that some portion of the huge amount of distressed commercial real estate will include some green buildings. Earlier this week, Bill Weinberg focused us on these preliminary topics: is the collateral raw land or does it include improvements (buildings or other structures)? operational and maintenance issues, including the… Continue Reading

Need a Decision Tree and Short List of Key Topics for Your Next Workout? Try these. (Blogging after ACMA)

Posted in Guaranty Issues, Insurance & Environmental Risks, Lender Liability, Remedies, Tax Issues, Tough Times for Lenders, Training, Workout Issues

  The second day of seminars, at the annual meeting of the American College of Mortgage Attorneys, had two key take-aways for me.  The first nugget focuses on the Dodd-Frank financial law. The second nugget (below) is much more practical.  Inspired by comments made by Jim Allen during a panel presentation (he’s with the Miller Canfield… Continue Reading

Forbearance Agreement: What is it? Why do it?

Posted in Remedies, Tough Times for Lenders, Workout Issues

Forbearance agreements are a staple of dealing with distressed investments.  They can be a stand alone agreement, or even combined with the terms of a negotiation agreement. But before we focus on forbearance agreements, I have two sidebar comments: if you are attending the Mortgage Lending Institute at the University of Texas Law School this… Continue Reading

FAQ For Loans in Default: Discussions With 3rd Parties; Forbearance & Deed in Lieu Discussions

Posted in FAQs, Tough Times for Lenders

This is a series of blog entries in which we provide some quick answers to frequently asked questions (FAQ). Two things should be kept in mind. First, none of these questions can be answered in a vacuum. Questions should be considered with a thorough review of the file and an interview with appropriate loan officers…. Continue Reading