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October, 2009 Articles

Deed In Lieu of Foreclosure: When to Look A Gift Horse in the Mouth

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 […]

Bankruptcy Opportunity Buying–Purchasing Assets Before and After Bankruptcy

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 […]

Accepting Partial Payments After Default Without Waiver

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 […]

Programs & Events: Structured-Finance Asset Restructuring and Disposition

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 […]

Construction Lender Gets Snookered By 100% Release Price Provision

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 […]