FDIC Calls for Consideration of Junior Liens

The existence of junior-lien holders or mechanics lien claims may torpedo a proposed deed-in-lieu and require that the lender foreclose in order to acquire title free and clear of such claims.

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In sum, then, and unless and until judicially determined otherwise, it is my opinion that a lien created by s. 162.09, F.S., is not enforceable against homestead property by foreclosure of such lien where the owner of such property successfully asserts the property’s homestead status as a defense to foreclosure or by way of petition to a court.

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The US$5.5bn-equivalent high-yield bond financing includes two US dollar tranches: a US$2bn 7.5-year non-call three senior secured first-lien bond, and a US$1.8bn. Demand for the junior capital has.

Banking, credit card, automobile loans, mortgage and home equity products are provided by Bank of America, N.A. and affiliated banks, Members FDIC and wholly owned subsidiaries of Bank of America Corporation. Credit and collateral are subject to approval. Terms and conditions apply. This is not a commitment to lend.

In these close calls, a creditor will need to object to plan confirmation to protect its lien. Loans for which a lien on or interest in real property is taken as additional collateral through an abundance of caution by the lender (e.g., the institution takes a blanket lien on all or substantially all of the assets of the borrower, and the value of the real property is low relative to.

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Charge-off and Nonaccrual Policies. An institution’s income recognition policy should incorporate management’s consideration of all reasonably available information including, for junior liens, the performance of the associated senior liens as well as trends in other credit quality indicators.

Non-Performing Junior Liens Direct From Banks Alma Bank FDIC Call Report.. JUNIOR LIENS FOR SALE 0,0,0,0,0,0. $0 . Loans & Leases Held for Sale 30-89 Days. Consequently, preservation of the mortgage lien is desirable and the deed-in-lieu should include a provision disclaiming any merger of the lender’s security interest with the fee interest.

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