Workout professionals often ask us whether they should accept a deed in lieu of foreclosure offered by a borrower whose property is now worth less than the debt. What is a deed in lieu of foreclosure? A deed in lieu of foreclosure is where a borrower deeds the real property that is collateral for the […]
October, 2009 Articles
Welcome to SpecialAssetsLawyer.com, a place where problem loans and troubled debts are the topic of discussion. I am Dick Rogan, bank lawyer and chair of the JMBM Special Assets Team™. Every day, problem loans of all types cross my desk and the desks of my colleagues here at JMBM. That’s because we ask for them. […]
Every downturn creates an opportunity for the cash buyer to acquire valuable assets at a favorable price. The opportunity arises when the owner of an asset fails, and can no longer benefit from holding the asset. The failing company must either sell the asset to raise cash for operations or to pay its creditors. Assets […]
After a loan goes into default or matures and payment in full has not been made, some borrowers try to show their good faith by continuing to make payments to the Bank. Occasionally, these payments continue, even after a Notice of Default has been recorded and foreclosure proceedings have started. A question that we often […]
In Public Accessibility Prior to Patent, Stuart Tubis discusses In re Lister, No. 2009-1060 (Fed. Cir. Sept. 22, 2009), in which the Board of Patent Appeals and Interferences affirmed an earlier § 102(b) rejection of a patent due to its prior public accessibility at the Copyright Office, rejecting Lister’s claim that the manuscript was not […]
Stan Gibson’s article titled, "Six Steps to Litigation Readiness," was published by published by PLI in Electronic Discovery Guidance 2009: What Corporate and Outside Counsel Need to Know.
On September 30, 2009, I was a panelist on the Structured-Finance Asset Restructuring and Disposition webinar sponsored by the top-notch appraisal firm, Property Sciences. The webinar was attended by more than 100 special assets officers, credit officers, asset managers and loan officers. My portion of the panel presentation focused on strategic considerations that workout professionals […]
A construction lender client of ours got a bit too casual in specifying release prices on one of its projects. Mindful that it is important to “front load” payments against the loan, the lender forgot that opportunistic developers can manipulate their pricing to the disadvantage of the lender – unless the release price language in […]
Jim Butler’s and Marty Orlick’s blog article, "ADA Hotel Lawyers: California opens door to more ADA litigation, but also offers protection to the well-informed", appeared in Hotel Online, ehotelier.com and Hotel Resource.