Two Michigan court decisions issued in December 2011 exposed drafting weaknesses that were exploited by lenders to impose full recourse liability for guarantors of CMBS loans based upon breaches of loan covenants. Every CMBS loan contains a covenant requiring that the borrower maintain itself as a single-purpose entity (SPE) for the term of the...
More Bank Debacles
Just under a week ago, a Wells Fargo employee admitted that the bank had made "technical" mistakes in over 55,000 foreclosure cases. This article in the USA today discusses the next major debacle to surface by Wells Fargo. Don't worry though, this did not stop Wells Fargo from coming back and correcting all of...
The Loan Modification Debacle
Over the last several months, we have been hearing more and more complaints about banks and the troubles caused by the HAMP legislation recently enacted by the Obama administration (Home Affordable Mortgage Program). Stephanie Armour of USA Today discusses a variety of lawsuits that have been filed across the country by consumers in this article in relation...
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