Navigating Uncertain Times Through Prudent Workouts, Accommodations and Thorough Documentation
Bank regulators have recognized that prudent loan workouts are often in the best interest of both financial institutions and borrowers, particularly during difficult economic conditions. Effective forbearance, settlement, modification and/or repayment agreements can expand lender options in the event of default and limit potential liability. Panelists will navigate through important and often forgotten strategies to document prudent workouts and accommodations, including ability to sell or assign the note, claw-back provisions, liquidated damages, and discretionary conduct. The presentation will focus on a common-sense and practical approach to creating an agreement that covers all the bases while mitigating risks of disputes and potential lender liability.