http://specialassets.jmbm.com/ Published by Richard A. Rogan en-us 2010-03-09T06:27:30-08:00 http://specialassets.jmbm.com/2010/03/special_assets_law_what_to_send_to_your_counsel.html A new deal has come into Special Assets and has been assigned to you. The line officer tells you that the customer has been a good customer of the Bank for several years and that you can expect nothing but... Loan Workouts richard 2010-03-09T06:27:30-08:00 http://specialassets.jmbm.com/2010/03/how_commercial_real_estate_bor_5.html Experienced workout professionals carefully think through the first meeting with a troubled borrower. It is critical that the borrower, often unaccustomed to failure, recognizes why its loan has been reassigned to the Special Assets Department and why its new banker... Loan Workouts richard 2010-03-05T07:04:25-08:00 http://specialassets.jmbm.com/2010/03/how_commercial_real_estate_bor_3.html Many commercial borrowers have not faced problems as dire as the ones they face today. They do not realize that their lender often wants to avoid a meltdown as much or more than does the borrower. Nevertheless, there are cases... richard 2010-03-02T06:46:32-08:00 http://specialassets.jmbm.com/2010/03/how_commercial_real_estate_bor_2.html It comes as a surprise to many commercial borrowers and lenders that they can be one another's best allies in a successful workout. Where the commercial borrower has an investment of both hard work and money to preserve, the banker... Loan Workouts richard 2010-03-01T05:15:27-08:00 http://specialassets.jmbm.com/2010/02/how_commercial_real_estate_bor_1.html All of the forbearances in the world will not help a property that has little chance of recovering in value. The market value of a property can and does change over time, and as many of our borrowers (and lenders)... Loan Workouts richard 2010-02-25T05:09:20-08:00 http://specialassets.jmbm.com/2010/02/special_assets_team_welcomes_t.html JMBM's Special Assets Team welcomes Juan Galvan and Kevin Chen, two talented young attorneys, to our San Francisco office. Juan and Kevin will represent major institutional lenders and creditors in negotiating, documenting, and restructuring commercial and real estate loans and... richard 2010-02-24T06:54:54-08:00 http://specialassets.jmbm.com/2010/02/how_commercial_real_estate_bor.html This blog is aimed at the lending community - so why are we giving hints to commercial real estate borrowers as to how to approach their lenders? There is, of course, a simple answer. The goal here is to get... Loan Workouts richard 2010-02-22T16:32:14-08:00 http://specialassets.jmbm.com/2010/02/2010_receivership_rules_of_the.html As promised, here are the Rules of the Court governing receivership:... Receiverships richard 2010-02-15T07:02:04-08:00 http://specialassets.jmbm.com/2010/02/receivership_statutes_and_rules_of_the_court.html Many people have asked for an easy place to locate statutes and Rules of the Court that govern Receivership. I have republished the California Codes Code of Civil Procedure Sections 564-570 here and will republish the Rules of the Court... Receiverships richard 2010-02-12T05:16:56-08:00 http://specialassets.jmbm.com/2010/02/what_is_judicial_reference.html In 2005, the California Supreme Court overruled the practice of including waivers of the right to a trial by jury in commercial agreements and loan documents before a lawsuit has been filed. For many years, sophisticated commercial businesses and institutional... Bank Litigation richard 2010-02-09T05:45:15-08:00