Banker’s Alert

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Foreclosure Update

Written by Alison Cross on September 11, 2017

Effective September 1, 2017, foreclosure sales in Texas will no longer be held on January 1 or July 4. Previously, foreclosure sales were held on the first Tuesday of every month, no excuses. This meant that a trustee might be toasting the New Year or celebrating Independence Day on the courthouse steps. The amendment provides Read More…

Recent Improvements in Mexican Secured Transaction Laws

Written by John E. Rogers, Francisco J. Pérez Ortega and Carlos A. Villegas Guillot on November 19, 2014

In the last few years, a series of changes in the Mexican laws governing secured transactions have made lending against personal property such as equipment, inventory and accounts receivable more attractive to lenders to Mexican companies. The changes have involved amendments to the substantive law of secured transactions, including the introduction of new concepts such Read More…

Incomplete Description of Collateral in Financing Statement May Negatively Impact Bankruptcy Rights

Written by Andrew Edson & Robert P. Franke on January 22, 2014

JOBS Act Update: SEC Will Miss Deadline Public Solicitation Rules

Written by Lee Polson on July 2, 2012

American Airlines and Affiliates File Chapter 11 in New York

Written by Stephen A. Roberts on November 29, 2011

American Airlines and affiliates filed Chapter 11 in New York this morning. They have filed over 25 emergency “first day” motions designed to allow them to continue normal operations and pay critical vendors over $85 million (rather than forcing those vendors to wait until the end of the case to be paid along with the Read More…

Mexico’s Unified Secured Transactions Registry Offers New Opportunities for Secured Lending

Written by John E. Rogers on December 9, 2010

Mexican companies have historically encountered difficulties in attracting secured lending from U.S. and other foreign banks, mainly because of concerns as to the reliability of Mexican laws governing secured transactions and of its systems for filing and perfecting security interests (garantías reales) in personal (movable) property or goods (bienes muebles). Mexican banks have shared these Read More…

Connecting the Dots: The “New” U.S. Banking Crisis Policy; Also, Potential New Equity Source for Community Banks

Written by Allan "Al" Wisk on July 1, 2010

June 30 marked the end of the first half of 2010.  Eighty-five banks have failed in 2010.  At the current rate, failures for the year could total 170.  The number is significant in two contradictory respects.  First, the number is extraordinarily high. One hundred seventy bank failures would be the highest number since 1992 when Read More…

Former Regulators Weigh in on CRE Workout Guidelines

Written by Allan "Al" Wisk on March 16, 2010

On October 30, 2009, the FDIC issued a policy statement for bankers and regulators intended to clarify the rules for Commercial Real Estate Loan workouts.  We spoke with Fred Casteel and Sam Golden of Alvarez and Marsal Financial Industry Regulatory Advisory Services.  Its parent company is managing the liquidation of Lehman Brothers.Casteel served as Midwest Read More…

Warren Buffett on Banking, Bank Regulation, and the Economy

Written by Allan "Al" Wisk on December 23, 2009

Warren Buffett was recently interviewed on The Charlie Rose Show on Bloomberg Television. He gave his views on Banking, Bank Regulation and the Economy. The following are excerpts from the transcript of that program provided to us courtesy of The Charlie Rose Show and Bloomberg Television. On 2008/2009: “We came closer to a financial meltdown than certainly any time I have Read More…

New Federal Guidelines for CRE Loan Workouts Address Impact of Lower Appraisal Values

Written by Allan "Al" Wisk on November 11, 2009

The Federal Financial Institutions Examination Council, which is chaired by the FDIC and includes the FDIC, Fed, OCC, OTS, and the National Credit Union Administration, on October 30th issued a policy statement on loan workouts, appraisals, loan classification, and nonaccrual and trouble debt restructure treatment which many believe brings greater clarity to loan workouts. The policy Read More…

Spike in Bank Failures; D’Oench Duhme Returns

Written by Allan "Al" Wisk on November 10, 2009

While the banking industry has pulled back from the abyss of October, 2008, the third quarter of 2009 was one of the worst quarters in U.S. banking history; 50 banks failed. That number of failures for a single quarter was higher than the number of failures for a full year, in most of the years in which the FDIC has Read More…

Banker’s Alert: Deterioration of Shared National Credits

Written by Allan "Al" Wisk on October 1, 2009

On September 24th the Federal Reserve, OCC, FDIC and OTS issued a joint release stating that the annual review of Shared National Credits for commitments of $20 million or more showed a sharp decline in credit quality. The review covered 8,955 credits totaling $2.9 trillion. U.S. Banks hold 40% of these assets. Twenty-two percent of the Read More…

Changes to Texas Real Estate Foreclosure Law

Written by Allan "Al" Wisk on August 20, 2009

There were a great number of bills up proposed in the recently ended session of the Texas Legislature which dealt with the Texas real property foreclosure statute.  However, all but three of those bills failed to pass.  Of the three bills which were passed, one required a series of new reports by lenders on foreclosures Read More…