Tips for In-House Counsel

December 18, 2009

New FDIC Guidelines Offer Helpful Hints for Real Estate Workouts

By Michael J. Zerman of Zuber & Taillieu LLP

On October 30, 2009, the Federal Deposit Insurance Corporation (“FDIC”), together with other federal regulatory agencies, adopted a “Policy Statement on Prudent Commercial Real Estate Loan Regulation.” (http://www.fdic.gov/news/news/press/2009).  The policy statement stresses that prudent workouts of commercial real estate loans are often in the best interest of both the lender and the borrower, and that regulators will support efforts by regulated financial institutions to modify performing loans to creditworthy borrowers, even if the value of commercial real estate collateral for such loans has declined.

In addition to the broad policy statement endorsing prudent loan workouts, the guidelines also…

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Michael J. Zerman

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