Showing 6 posts in Lending.
Planning Litigation for the Lender: Lender Can Sue Out-of-State Borrower’s Counsel in Lender’s Home Jurisdiction
The work of commercial transaction counsel who represent borrowers can involve making representations and authoring opinion letters. Loan transaction counsel often work with lenders, borrowers, or collateral in other states. This is inevitable given the free flow of capital that is a feature of American commerce. Read More ›
Lenders and their counsel know that it is important to properly describe the collateral on which a lien (mortgage or security interest) is being granted. The purpose of this post is to discuss some recent decisions contrary to what many corporate counsel thought they knew concerning collateral descriptions in security agreements and UCC financing statements. Read More ›
Uncounted dollars in money, goods and services are routinely transferred in reliance on the priority of a non-ownership interest in real property. Read More ›
The number of tech companies offering alternatives to traditional banks has increased severalfold in recent years, piquing the attention of state and federal regulators. For FinTech companies engaged in certain aspects of the “business of banking,” a special purpose national bank (SPNB) charter may be one avenue for ensuring continued compliance with applicable regulations. Read More ›
A collection litigator’s communications with the client include receiving and seeking information. That work is facilitated if counsel has a basic understanding of the lender’s information management systems. Experienced litigators adapt their client communications and court filings to obtain and use the information lender clients can reasonably provide. Understanding the lender’s information management systems also enables counsel to avoid onerous information requests to clients. Read More ›
Consider the common commercial loan collection situation: a business debt collateralized by relatively permanent collateral (real property or durable non-mobile equipment such as a printing press) and transient collateral (inventory, accounts receivable and cash). Frequently, there is also potentially recoverable unsecured debt because the collateral is insufficient to pay the entire debt and (a) the collateral does not include all the borrower’s assets so it is possible to collect the unsecured debt from the borrower, and/or (b) there are unsecured guarantees supporting the credit. What is counsel to do when the time arrives to plan litigation? Read More ›
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William T. Repasky practices with the Litigation Department at Frost Brown Todd. He focuses on lending and commercial services; banking litigation and financial institutions.