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Post-Default Environmental Risk Management for SBA Lenders

Jimerson Firm

If a borrower defaults on a SBA loan, the lender or CDC must assess the environmental risk of contamination before conducting any liquidation action that could result in a loss, or otherwise increase the risk of loss, due to the actual or alleged presence of contamination. SOP 50 10 5(E), Appendix 2. SOP 50 57 2 ; SOP 50 55.

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges: Part 5 – Commercial Foreclosures 101

Jimerson Firm

Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages. Parts 1-4 of this series discussed pre-foreclosure options available to lenders dealing with hotel/restaurant mortgage defaults. 702.015(4) , Fla.

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Fintechs Beware! The CFPB is Monitoring You Closely

Troutman Sanders

OppFi) — a Chicago-based platform lender — announced that the Consumer Financial Protection Bureau (CFPB) is investigating its compliance with the Military Lending Act. And in March 2021, Oportun, another online consumer lender, disclosed that the CFPB is investigating its debt collection practices.

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How to Address Portfolio Risk Volatility Through Economic Uncertainty - Part 4

Fico Collections

Such events cast many borrowers into uncomfortable territory, creating what may be a defining moment in the relationship between them and their lenders. Lenders who get it right may earn a loyal customer for life, while those who misfire risk cannibalizing valuable relationships that often span multiple products.

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Successors by Merger May Not be Debt Collectors

Consumer Financial Services Law

The consumer alleged BoA was a debt collector under the FDCPA because his “loan was in default prior to the transfer from his original lender Countrywide to Bank of America.” The acquisition by merger was a key factor for the court which also relied upon prior Fifth Circuit precedent, Brown v. Bank of America, N.A., Morris , 243 Fed.

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CFPB Supervisory Report Finds Issues in Several Financial Institution Practices

Troutman Sanders

Providing inaccurate explanations to consumers as to why the creditor denied the consumers’ billing error claims in whole or part. The CFPB reports that this seems to happen most often with creditorsacquisitions of pre-existing credit card accounts from other creditors. Debt Collection.

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Addressing Portfolio Risk in Economic Uncertainty: Part 4 (2022)

Fico Collections

Such events cast many borrowers into uncomfortable territory, creating what may be a defining moment in the relationship between them and their lenders. Lenders who get the strategy right may earn a loyal customer for life, while those who misfire risk cannibalizing valuable long-term relationships that often span multiple asset classes.

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