News & Analysis as of

Banking Sector Commercial Real Estate Market

A&O Shearman

EBA Publishes Final Draft RTS on Equivalent Mechanism for Unfinished Property Under CRR3

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The European Banking Authority (EBA) has published its final draft regulatory technical standards (RTS) clarifying what constitutes an "equivalent legal mechanism" for unfinished property exposures under the Capital...more

Orrick, Herrington & Sutcliffe LLP

OCC discusses key risks in federal banking system

The OCC released the “OCC Semiannual Risk Perspective for Fall 2024,” which analyzes key risks facing the federal banking system as of mid-2024. Overall, “[t]he OCC reported that the strength of the federal banking system...more

Nutter McClennen & Fish LLP

Nutter Bank Report: December 2024

CFPB Imposes $5 Cap on Overdraft Fees Charged by Large Banks - The CFPB has adopted a final rule capping overdraft fees at $5 for banks and other depository institutions with more than $10 billion in assets (covered...more

Moore & Van Allen PLLC

OCC Issues Guidance Reminding Banks of Risks Associated with Refinancing Commercial Loans

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With the amount of commercial real estate loans scheduled for maturity over the next several years expected to increase significantly, there is accompanying heightened risk that some borrowers may be unable to replace their...more

Morgan Lewis

Federal Reserve Bank Publishes Paper on ‘Extend-and-Pretend’ Workouts

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The Federal Reserve Bank of New York released a paper last week analyzing the effects of “extend-and-pretend” mortgage modifications on the broader financial system. Since the first quarter of 2022, banks have extended the...more

Orrick, Herrington & Sutcliffe LLP

OFR assesses bank vulnerability with CRE loan losses

Recently, the Office of Financial Research (OFR) published a paper titled “Bank Health and Future Commercial Real Estate Losses,” examining which banks were more at risk of commercial real estate (CRE) loan losses. The paper...more

Orrick, Herrington & Sutcliffe LLP

FDIC issues advisory on managing commercial real estate concentrations

On December 18, the FDIC issued an advisory to institutions with commercial real estate (CRE) concentrations. The advisory, among other things, reminds insured state non-member banks and savings associations (FDIC-supervised...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Corporate Trends

Global M&A Activity Endures Headwinds in 2023 and Displays Resilience Going Into 2024 - Despite market headwinds, dealmakers have looked to carveouts, spin-offs, joint ventures and other creative deal structures to engage...more

ArentFox Schiff

Potential Approaching Storm in Commercial Real Estate: Recent Updating of Great Recession Guidance

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Nearly 14 years ago, guidance was provided by federal regulators to facilitate commercial real estate loan work-outs. Rather than ‘extend & pretend,’ regulators had encouraged, and are encouraging, banks to work with...more

Amundsen Davis LLC

Insights from the OCC Semiannual Risk Perspective

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On June 14, 2023, the Office of the Comptroller of the Currency (OCC) published its Semiannual Risk Perspective which identifies key issues facing the federal banking system. This highly anticipated report comes in the wake...more

Cadwalader, Wickersham & Taft LLP

Banking Agencies Finalize Interagency Policy Statement on CRE Loan Workouts

On June 30, the Federal Reserve Board (“FRB”), Federal Deposit Insurance Corporation (“FDIC”), Office of the Comptroller of the Currency (“OCC”) and the National Credit Union Administration (“NCUA”) finalized their Policy...more

Tonkon Torp LLP

How Do Recent Bank Failures Impact Commercial Real Estate?

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Rising interest rates doomed Silicon Valley Bank (SVB), which was shut down by federal regulators in mid-March after a run on deposits that the bank couldn’t cover. Similar failures followed in other regional banks in New...more

Morgan Lewis

Structured Credit Solutions for Private Credit Funds in European CRE Debt Market: Options and Opportunities

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European commercial real estate (CRE) lending markets face a difficult environment, resulting from a higher than usual cost of debt and declining property valuations. In the face of such uncertainties, we examine how private...more

Hogan Lovells

Real estate finance - Post COVID-19 trends across the globe

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While no one knows for sure what the future of post-pandemic real estate finance holds, the forecast does look positive – lending is competitive and healthy across both Europe and the U.S. Unlike the global financial crisis,...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights, Issue 7

As Banks Push AI, Worry About Worsening Inequality Follows - "AI and machine learning might amplify patterns of historical discrimination and financial exclusion through reliance on flawed data or mistakes in...more

Nutter McClennen & Fish LLP

The Long Haul: The Blueprint for Commercial Real Estate in a Post-Pandemic World

On April 29, the Real Estate Finance Association (REFA) hosted a webinar, The Impact of COVID-19, One Year Later. The program focused on the impact of the COVID-19 pandemic on the commercial real estate industry....more

Winstead PC

Seth Eaton Discusses Modifications and Workouts of Commercial Real Estate Loans during the COVID-19 Pandemic

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Watch Real Estate Finance Shareholder Seth Eaton discuss loan modifications and how they have evolved throughout the COVID-19 pandemic. Seth outlines several different phases of loan modifications and highlights key points...more

Goodwin

Financial Services Weekly Roundup - September 2018 #3

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Editor's Note - In This Issue. The Board of Governors of the Federal Reserve System (Federal Reserve), the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation (together, the Federal...more

Morrison & Foerster LLP

HVCRE Exposures: New Regulatory Guidance

As reported in a prior Client Alert, financial services reforms enacted into law on May 24, 2018, clarified the treatment of acquisition, development, and construction (ADC) loans characterized as high-volatility commercial...more

Holland & Knight LLP

Regulatory Relief Act Benefits Community and Regional Banks

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• The Economic Growth, Regulatory Relief and Consumer Protection Act (the Act), which engendered substantial bipartisan support and was recently signed into law by President Donald Trump, amends parts of the Dodd-Frank Wall...more

Mintz - Real Estate, Construction &...

LIBOR Phase Out: Important Considerations for Negotiating Loan Documents

On July 27, 2017, the United Kingdom Financial Conduct Authority announced, without specifying a replacement, that it would phase-out the London Interbank Offer Rate (LIBOR) by the end of 2021. LIBOR, a rate measured by...more

BCLP

HVCRE: The Continuing Saga of Lenders

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Bryan Cave attorney Jerry Blanchard joins hosts Jonathan Hightower and Rob Klingler in the studio today to discuss High Volatility Commercial Real Estate (HVCRE) loans....more

Robins Kaplan LLP

Your Daily Dose of Financial News

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The FHLB Boston’s $5.9 billion MBS case against Morgan Stanley, UBS, and Credit Suisse, is back in Massachusetts state court—a result of the Supreme Court’s Lightfoot v. Cendant Mortgage case that held that Fannie Mae’s...more

K&L Gates LLP

Commercial Mortgage Loans and CMBS: Developments in the European Market – Chapter 18.3

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This Chapter, through a legal analysis of the new legislation changes that recently occurred in Italy and the main enforcement procedures and best practices seen in the Italian Market as utilised by international lenders,...more

Holland & Knight LLP

West Coast Real Estate Update: November 2016 #2

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California Appellate Court Overturns “Sham Guaranty” Defense - The single-purpose entity (SPE) has become a ubiquitous tool in commercial real estate acquisitions and financing in California. Lenders increasingly require...more

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