News & Analysis as of

Risk Management Loans

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

J.S. Held

Lending Climate in America – 1st Quarter 2025 Survey

J.S. Held on

1. Factors with Strongest Potential to Affect Near-Term Economy Respondents were asked, over the next six months, which two factors had the strongest potential to affect the economy. Even though the 2024 election is in the...more

Mayer Brown

Déductibilité des intérêts portant sur les obligations convertibles : validation de l'utilisation du logiciel Standard et Poor's...

Mayer Brown on

Par un arrêt du 28 janvier 2025, le Tribunal administratif de Cergy Pontoise (n°2100034) approuve l'utilisation du logiciel Standard et Poor's Capital IQ pour justifier le taux d'intérêt d'obligations convertibles....more

Mayer Brown

What to Expect in Securitization in 2025

Mayer Brown on

Please join Mayer Brown partners Frank Doorley, Patrick Healy, Janice Kong, and Tameem Zainulbhai for a discussion on What to Expect in 2025 in the fields of structured finance and securitization. They will examine some key...more

Orrick, Herrington & Sutcliffe LLP

Prudential regulators release 2024 Shared National Credit report

On March 10, the FDIC, the Fed and the OCC published the 2024 Shared National Credit Program (SNC) report which highlighted that the overall SNC credit risk remains moderate — with a slight increase in the severity of risk...more

Cadwalader, Wickersham & Taft LLP

Navigating the Grey Area, March 2025 - Navigating the Grey Area: Financial Covenant Amendments and the Doctrine of Purview

The doctrine of purview under English law plays a critical role in determining whether amendments to a secured facility require reaffirmation or re-execution of guarantees and security. However, when it comes to adjustments...more

Cadwalader, Wickersham & Taft LLP

The Comfort Letter Comeback, March 2025 - Comfort Letters

In the evolving fund finance market, lenders are constantly assessing ways to mitigate risk and enhance credit support in order to provide for the smooth operation of subscription-based credit facilities. One such credit...more

Miles & Stockbridge P.C.

What You Need to Know About Freddie Mac’s Recent Update

Freddie Mac published last Thursday an update to the Freddie Mac Guide, which included a discussion of various underwriting, fraud detection and loan document changes. Here's what you need to know...more

A&O Shearman

CJEU imposes limits on the validity of asymmetric EU jurisdiction clauses

A&O Shearman on

In a decision that may cause some concern, the CJEU has held that asymmetric EU jurisdiction clauses are only valid under EU law if they designate with sufficient precision the alternative jurisdictions in which proceedings...more

Mayer Brown

Subscription Credit Facilities: The Importance of an Investor’s Agreement to Fund Without “Setoff, Counterclaim or Defense”

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EXECUTIVE SUMMARY - Subscription credit facilities rely on the obligations of investors to a private investment fund (“Fund”) to contribute their capital commitments to the Fund when called. From a subscription credit...more

Conyers

Key Takeaways from Airline Economics Dublin 2025

Conyers on

The 2025 Airline Economics Conference in Dublin highlighted several key trends and challenges currently shaping the aviation industry, with a particular focus on the leasing sector, sustainability, profitability, and...more

Amundsen Davis LLC

Recognizing When to Engage Counsel in Commercial Lending Transactions

Amundsen Davis LLC on

Automated loan software can be effective for documenting consumer loans and some basic low-value commercial loans. However, most commercial transactions require greater attention on the front end than simple form generation....more

Orrick, Herrington & Sutcliffe LLP

California and federal financial regulatory agencies issue statement on California wildfires to guide financial institutions

On January 14, the DFPI, in collaboration with the FDIC, the Fed, the NCUA and the OCC (collectively, the “agencies”) issued a joint statement addressing the impact of the California wildfires and straight-line winds on...more

Proskauer Rose LLP

2025 Private Credit Survey Shows Enthusiasm for Dealmaking and Lending in Year Ahead - Insights

Proskauer Rose LLP on

NEW YORK and LONDON, February 3, 2025 – Leading international law firm Proskauer today shared its 2025 Trends in Private Credit report, highlighting market participants’ strong belief that 2025 is expected to be an exciting...more

Holland & Knight LLP

Proyecto de decreto en Colombia modifica otorgamiento de ciertos créditos

Holland & Knight LLP on

La Unidad de Proyección Normativa y Estudios de Regulación Financiera (URF) de Colombia publicó para comentarios un proyecto de decreto con el fin de modificar el régimen relacionado con el valor del Activo Ponderado por...more

Orrick, Herrington & Sutcliffe LLP

Maryland Mortgage Loan Purchasers Face New License Requirement

Financial institutions that purchase mortgage loans in Maryland, including securitization trusts and other secondary market purchasers, face a new requirement to obtain a state license. The Maryland Office of Financial...more

Cadwalader, Wickersham & Taft LLP

Striking a Balance January 2025 - Getting the Balance Right – Lender Controls Over Eligible Investments in NAV Facilities

Introduction - NAV facilities operate by taking a portfolio of assets owned by a borrower and selecting which assets within that portfolio a lender is willing to lend against. This pool of approved assets becomes the...more

Holland & Knight LLP

Colombia: Prohibición de desembolsar créditos entre residentes en cuentas de compensación

Holland & Knight LLP on

Con el Boletín No. 39 del 19 de diciembre de 2024, el Banco de la República adicionó el Numeral 8.1 a la Circular Reglamentaria DCIP-83, prohibiendo a partir de su publicación el desembolso de créditos entre residentes...more

Hogan Lovells

2025 NAV Facilities Outlook: Evolving Applications and Best Practice Considerations

Hogan Lovells on

In an increasingly upbeat M&A market, use cases could grow for this popular and dynamic fund finance product. Net asset value (NAV) financing became firmly established as a core fund financing tool in the last few years as...more

Akerman LLP

California Wildfires: What Is the Lender’s Obligation to Release Insurance Proceeds for the Repair and Restoration of Real...

Akerman LLP on

At this juncture, it is difficult to assess the breadth of damage and loss of life that has occurred as a result of the devastating fires in California. Based on initial reports, it is possible that entire communities have...more

Troutman Pepper Locke

NCUA Releases its 2025 Supervisory Priorities

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On January 7, the National Credit Union Administration (NCUA) released its supervisory priorities for 2025, outlining the key areas of focus for federally insured credit unions. This guidance is crucial for credit unions as...more

Walkers

ESMA consultation on open ended loan-originating AIFs under AIFMD II

Walkers on

On 12 December 2024, ESMA published its consultation paper containing draft regulatory technical standards ("RTS") pursuant to Directive (EU) 2024/927 ("AIFMD II") on requirements with which loan-originating AIFs ("LOAIFs")...more

Proskauer - Regulatory & Compliance

ESMA Consults on Open-Ended Loan Originating AIFs

On 12 December 2024, the European Securities and Markets Authority (“ESMA”) published a consultation paper (“Consultation”) on draft regulatory technical standards relating to open-ended loan originating AIFs under the...more

Dechert LLP

ESMA Publishes Consultation Paper on Regulatory Technical Standards (RTS) for Open-ended Loan-originating Funds

Dechert LLP on

On 12 December 2024, ESMA published its consultation on draft regulatory technical standards for open-ended loan-originating AIFs as mandated by AIFMD 2.0 (the RTS). The RTS set out the requirements with which...more

Walkers

Department of Finance public consultation on exercise of AIFMD II national discretions

Walkers on

On 22 November 2024, the Department of Finance ("DoF") launched its public consultation on the exercise of the national discretions in Directive (EU) 2024/927 amending AIFMD (2011/61/EU) and the UCITS Directive (2009/65/EC),...more

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