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Tag Archives: loan document changes

Refresh Your Mortgage Loan Documents with these Tech Topics

Posted in Good Times for Lenders, Technology (including Green Buildings)

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

Commercial Real Estate Lending: Lessons from 2012 and Predictions for 2013

Posted in Articles, Good Times for Lenders, Market Trends

The combination of 4 speaking engagements and working on 4 new (or revived) lending products buried me during the last several months.  Fortunately, I’ve navigated the course, and it is a new year.  It is time to take a look back at 2012, and step out with some comments on 2013. New commercial real estate… Continue Reading

Hide and Seek: Service of Process as a New Loan Provision

Posted in Good Times for Lenders, Remedies, Training, Workout Issues

Lenders are refreshing their mortgage loan documents with provisions based on the “lessons learned” during the recent (continuing?) economic experience.  One change is to add a service of process provision. The change is based on this basic lesson learned: when the tough times hit, borrowers and guarantors sometimes are hard to find. A few simply… Continue Reading

Why Do Lenders Disdain Bankruptcy Court? 2 Cases Show “Why” and Offer Lessons

Posted in Good Times for Lenders, Market Trends, Remedies, Tough Times for Lenders

Two recent cases are good examples of “why” secured lenders, who hold liens on real property, correctly view bankruptcy court as a very, very, very bad place.  One case has received a lot of attention, including an appeal of the decision and state legislation; and the second bankruptcy ruling was overturned on appeal. The lessons… Continue Reading

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

Posted in Good Times for Lenders, Technology (including Green Buildings), 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

Bad-Boy Liability: Courts Find Liability for Violating Solvency or Net Profit Retention Covenants

Posted in Guaranty Issues, Tough Times for Lenders

We’re in that part of the cycle where many of us are focusing on guaranty agreements, which run the full spectrum from full payment and performance guaranties to “bad boy” indemnification agreements (my recent comment). One issue being litigated is the bad boy or recourse event tied to a breach of these types of covenants… Continue Reading

Collection Plate: Litigation Against Guarantors or Indemnitors Points to Lessons Learned – Tips on Underwriting & Loan Document Terms

Posted in Guaranty Issues, Remedies, Tough Times for Lenders

(More on the Collection Plate collection, which focuses on the recovery side of our work – the bottom line, nitty-gritty, work of getting "back" the money.) Our economic eddy is at the stage where law suits against guarantors or indemnitors, on full payment and performance agreements or on "bad-boy" agreements, are reaching final judgment –… Continue Reading

Lessons Learned: New Reporting Requirements in Loan Documents and a Call for Transparency

Posted in Good Times for Lenders, Technology (including Green Buildings)

  Earlier this week, another member of ACMA called me to ask if I’d be on a panel (at the ACMA fall conference) that will cover "lessons learned for loan documents." It was an easy "yes" for me – because I’ve covered parts of that list here (new non-recourse events); and as we work on… Continue Reading

Your Second 5 in Your Top 10 from ’10: More of That Interesting Mix

Posted in Good Times for Lenders, Market Trends, Tough Times for Lenders

As I promised in my report on the top 5 topics from your top 10 for ’10, below are the balance of your favorite top 10 blog posts for last year. Your favorite postings show ’10 as a transition year, with significant financial reform, continuous stress testing and important lessons learned – but topped with… Continue Reading

Your Top 5 Topics in ’10 at ToughTimesForLenders? An Interesting Mix

Posted in Good Times for Lenders, Market Trends, Tough Times for Lenders

For the second year in a row, I tabulated the most popular postings from 2010 here at ToughTimesForLenders (TT4L). Your favorite postings show ’10 as a transition year, with significant financial reform, continuous stress testing and important lessons learned – but topped with a more positive outlook for 2011. I know: this probably is a… Continue Reading

2010 CRE Credit Snap Shot: More Negative; Some Positive; Lessons Learned (Take Notice)

Posted in Good Times for Lenders, Market Trends, Workout Issues

This year comes to an end with a commercial real estate market looking different than 2009.  Sure, defaults on commercial mortgage loans are mounting, and investors remain concerned. Yet, at the same time, the public credit market (CMBS) is slowly making a come-back. In the midst of this change, there are good lessons to be learned –… Continue Reading

MBA Servicing & Tech Conference (Day 2): ‘Lessons Learned’ About Loan Documents – Use of Triggers

Posted in Good Times for Lenders, Market Trends, Tough Times for Lenders, Training

(Blogging from the MBA Servicing & Technology Conference . . . .) (Day One blog) In the midst of the loan defaults, maturity defaults and imminent  (coming soon) defaults, lenders and loan servicers are discovering (or uncovering) ways that the loan documents properly (or improperly) address the problems and challenges of the latest recession (or market "down… Continue Reading