News & Analysis as of

Commercial Loans Default Borrowers

Kohrman Jackson & Krantz LLP

Navigating Loan Default: Practical Strategies for Borrowers

Commercial mortgage delinquency rates are on the uptick. The United States economy is shrinking according to Commerce Department measurements. Economic volatility is the new norm. As borrowers navigate economic ebbs and...more

Poyner Spruill LLP

Preserving a Lender's Ability to Enforce Remedies Following a Default

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It is no secret that many commercial real estate (CRE) properties are struggling. The dramatic increase in interest rates over the past few years and employers’ evolving mindsets regarding the use of office space are creating...more

Williams Mullen

Williams Mullen's Comeback Plan: Part IV - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

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In the final installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Part I - How Banks Think About Loan Defaults: Lessons for Borrowers in Troubled Times

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In this first installment of our video series aimed at helping borrowers in uncertain times, Matt Cheek, chair of Williams Mullen’s Financial Services Industry Group, and Mike Mueller, chair of our Restructuring, Bankruptcy...more

Lowenstein Sandler LLP

Your Lenders Are watching You

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Many borrowers already have drawn down much or all of their available credit line in order to have the liquidity to ride out the COVID19 pandemic. Other borrowers are contemplating doing the same. It may be too late....more

Lowndes

Loan Modifications in the Wake of COVID-19

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Given the economic impact of COVID-19, both monetary and non-monetary defaults on commercial loans are likely in the next few weeks and months, if not a reality already. Both lenders and borrowers should consider initiating...more

Woods Rogers

Guarantor Provisions to Negotiate in Non-Recourse Financing

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Many commercial real estate loans are “non-recourse,” which means in general terms that foreclosing on the real estate securing the loan is the lender’s sole remedy for a borrower’s failure to repay the loan.  The lender is...more

Rosenberg Martin Greenberg LLP

Maryland Governor Signs into Law New Statute Assisting Commercial Lenders Seeking to Obtain Receiverships over Borrowers and/or...

There is good news for commercial lenders in Maryland seeking the appointment of a receiver over a borrower or solely over real estate collateral.  On  April 30, 2019, Governor Hogan signed into law HB 1065, which creates an...more

Snell & Wilmer

Guarantors Remain Liable for “Carve-out” Obligations, Despite Non-recourse Loan

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Believe it or not, guaranty contracts mean what they say. If a guarantor agrees to reimburse a lender for misappropriated security deposits, unpaid taxes, and the cost of enforcement, then – not surprisingly – courts will...more

Ballard Spahr LLP

Supreme Court of Rhode Island Declares Usury Savings Clauses Void

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For public policy reasons, the Rhode Island Supreme Court recently held that usury savings clauses are void and unenforceable. In NV One, LLC v. Potomac Home Capital, LLC, borrowers who had defaulted on their note filed a...more

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