News & Analysis as of

Borrowers Banking Sector

Cadwalader, Wickersham & Taft LLP

Quarter End Fireworks, June 2025 - Letter of Credit Refresher

Many subscription credit facilities will provide for the issuance of letters of credit in addition to the funding of loans. A letter of credit is an irrevocable undertaking for the payment of money issued by a bank at the...more

J.S. Held

Lending Climate in America – 2nd Quarter 2025 Survey

J.S. Held on

Lender confidence in the US economy’s performance over the next six months is waning due to concerns over the impacts of tariff uncertainty and the possibility of a recession. Meanwhile, lenders believe the Fed will cut...more

King & Spalding

S.D.N.Y. Rejects Borrower’s Equitable Defenses to UCC Foreclosure Sale

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On March 3, 2025, the U.S. District Court for the Southern District of New York granted a lender’s motion for declaratory judgment to order a borrower to recognize the effect of a non‑judicial UCC foreclosure sale. The court...more

Awatif Mohammad Shoqi Advocates & Legal...

What legal actions can the bank take if the customer defaults on a loan in the UAE?

Defaulting on a bank loan in the UAE is regulated by the Commercial Code (federal decree-law No. (50) of 2022) and the Civil Procedure Law (federal decree-law No. (42) of 2022). Further, the Central Bank of UAE issued Loan...more

Orrick, Herrington & Sutcliffe LLP

OCC reports improved mortgage performance in Q4 2024

On March 24, the OCC published its Mortgage Metrics Report for the fourth quarter of 2024. The Report analyzed the performance of first-lien residential mortgage loans serviced by seven national banks in the U.S. As of...more

Orrick, Herrington & Sutcliffe LLP

OCC’s Hood discusses Project REACh on helping underserved areas

On March 24, the OCC’s Acting Comptroller, Rodney E. Hood, delivered a speech which highlighted the OCC’s ongoing commitment to financial inclusion through Project REACh. The OCC’s Project REACh will focus on affordable...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court rules misleading statements to FDIC not criminal

On March 21, the U.S. Supreme Court issued an opinion regarding the meaning of “false statement” in 18 U.S.C. § 1014 which defines terms for those who knowingly make a false statement or report. The case’s petitioner had...more

Cadwalader, Wickersham & Taft LLP

Springtime for Alternative Currencies, March 2025 - Updated State of Play of Alternative Currency Benchmark Rates

With four major interest rate benchmarks ceasing to be published by the end of last year, we thought now would be a good time to provide a refresher on alternative currency rates. In this article we first discuss the key...more

ArentFox Schiff

The End of LIBOR: Hotel California Edition [Part III]

ArentFox Schiff on

During the London InterBank Offered Rate (LIBOR) transition, and post LIBOR’s end date of June 30, 2023, the goal for all should be that (1) the effective interest rates be generally economically equivalent as a result of the...more

Orrick, Herrington & Sutcliffe LLP

Senate democrats take issue with student loan servicer’s terms of use

On November 3, Sens. Elizabeth Warren (D-MA), Richard Blumenthal (D-CT), Chris Van Hollen (D-MD), and Tammy Duckworth (D-IL) penned a letter to the CEO of a student loan servicer expressing concerns about the terms of use on...more

Sheppard Mullin Richter & Hampton LLP

CFPB Study Finds Differential Treatment in the Small Business Lending Market

On November 13, the Consumer Financial Protection Bureau released a “pilot study” on the small business lending market revealing “significant disparities” in how lenders treat black and white small business owners. As part of...more

Orrick, Herrington & Sutcliffe LLP

CFPB proposes final judgment addressing discriminatory practices in mortgage lending

On November 1, the CFPB filed a proposed stipulated final judgment and order against a nonbank retail-mortgage creditor and broker based in Chicago, which, if approved by the court, would prohibit the defendant from engaging...more

Orrick, Herrington & Sutcliffe LLP

New Jersey Attorney General investigation reveals bank’s mortgage redlining

On October 29, the New Jersey Office of the Attorney General and Division on Civil Rights released investigatory findings concluding that a bank engaged in a pattern of redlining Black, Hispanic and Asian communities in New...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

Freiberger Haber LLP

The Appellate Division, Second Department, Holds that Banking Law 6-l is a Personal Defense that Can Only be asserted by the...

Freiberger Haber LLP on

By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure. We have also written numerous articles relating to the recently enacted FAPA... ...more

Orrick, Herrington & Sutcliffe LLP

DC bill establishes protections for student loan borrowers

On October 7, the Council of the District of Columbia enacted B25-0037 or the New Student Loan Borrower Bill of Rights Amendment Act of 2024 (the “Act”), which amends the Department of Insurance and Securities Regulation...more

Dinsmore & Shohl LLP

Risk Areas to Consider Ahead of Your Next Regulatory Exam

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The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp. each periodically publish a report that describes their views on the current risk areas threatening the banking industry. The OCC calls its...more

Orrick, Herrington & Sutcliffe LLP

OCC bulletin provides guidance on commercial lending refinance risk

On October 3, the OCC issued Bulletin 2024-29, providing guidance on managing credit risk associated with refinancing commercial lending. The bulletin applies to all banks with commercial loans and highlights the increased...more

Seward & Kissel LLP

"So Long Synthetic LIBOR"

Seward & Kissel LLP on

Earlier this year, the Financial Conduct Authority (FCA) exercised its powers pursuant to Article 21(3) of the Benchmarks Regulation to compel ICE Benchmark Administration (IBA) to continue publishing 1-month, 3-month and...more

White & Case LLP

Sanctions move up the agenda for lenders and borrowers

White & Case LLP on

Compliance with sanctions regimes has been a priority for debt markets. Amid rising geopolitical tensions, the stakes for lenders and borrowers are higher than ever - Intensifying geopolitical tensions and the US...more

Rivkin Radler LLP

[Webinar] Navigating Lender Relationships in Good Times and Bad - September 12th, 10:00 am EST

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Please join us as we discuss the intricacies of the creditor-borrower relationship and best practices to ensure a successful and profitable lending partnership....more

Orrick, Herrington & Sutcliffe LLP

New York Fed analyzes economic impacts of bank and nonbank private credit expansions

On August 20, the New York Fed released an economic analysis titled “The Disparate Outcomes of Bank- and Nonbank-Finance Private Credit Expansions.” The analysis revealed that while long-term trends in increased access to...more

Hogan Lovells

Italy: New instructions to combat financing of antipersonnel mines, cluster munitions and submunitions producers

Hogan Lovells on

On 26 July 2024, the Bank of Italy, COVIP, IVASS and the Italian Ministry of Economy and Finance jointly published instructions for enhanced controls on a wide range of supervised entities pertaining to the financial,...more

Orrick, Herrington & Sutcliffe LLP

District Court approves $3.65 mil. settlement against student loan servicer

On June 24, the U.S. District Court for the Western District of Pennsylvania approved a class action settlement involving student loan borrowers brought against a student loan servicer....more

J.S. Held

Lending Climate in America – 2nd Quarter 2024 Survey

J.S. Held on

With inflation continuing to impact the US economy, lenders are focused on the economic impact of elevated interest rates. Lenders’ expectations for the US economy’s performance in the longer term – beyond the next six months...more

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