Understanding Real Estate Loan Documents, Part 2
The final advisory standards outline a range of activities and programs that the regulators would like to see implemented, and the rules are effective immediately.
This session provides a detailed description and suggestions for satisfying the new standards during regulatory compliance reviews.
Have you ever read your bank’s promissory note, security agreements or mortgage/deed of trust? Most bankers would have to admit the answer is: NO. This new series was developed by a lawyer who has been teaching loan documentation nationwide for more than 20 years. Taught at a basic level (for bankers, not lawyers), the instructor will lead participants through all sections of the various required loan documents. The purpose is to create a deeper understanding of why certain documents are required plus the significance of various sections and verbose language (often referred to as “boilerplate”). A working knowledge, with a focus on the risk management aspects of each document, is the goal. Being able to explain document content will add much to customer relationships.
- Promissory Note: The note is enforceable against the borrower! Review of each section for content, purpose, rights of all parties and scope of language.
- Security Agreement: The security agreement is enforceable against collateral. Review of each section for content, purpose, rights of all parties, representations and warrantees, plus enforceability.
- UCC Instructions (on back of form) contain important information on how to correctly prepare the critically important form. Correct or exact names, organization types and numbers and collateral description language are key issues.
- Guarantees: A guarantor gives up many rights and grants the bank many rights. Bankers need to understand the distinction between an individual guarantor and a business entity or guarantor and the details of what the guarantor is agreeing to.
Lenders, loan assistants, loan operations personnel, credit analysts and personnel involved in loan review, internal audit and compliance.
Robin Russell co-chairs the Bankruptcy & Financial Restructuring Practice at Andrews Kurth LLP. She combines a depth of experience in bankruptcy restructuring and litigation with financial transactions. Robin is the principal author of the Texas Secured Lending Guide, Texas Problem Loan Guide and Texas Real Estate Lending Guide. She is a frequent speaker on banking, bankruptcy and financial restructuring related topics.
Institute of Certified Bankers: Visit http://www.icbmembers.org/login.aspx for instructions regarding self-reporting. Estimated credits: 2 hours/session
Member price: $275.00 | Non member price $550.00
Member price: $295.00 | Non member price $560.00
Online: Visit the CBA Webinar Catalog
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