Ordering Environmental Due Diligence

In Lippy v. Society National Bank, 88 Ohio 3d 33, a 1993 case, the bank had referred a borrower to an environmental consultant to perform an environmental site assessment. The consultant failed to note serious contamination, the borrower suffered damages and the borrower sued the bank for negligence. The borrower prevailed against the bank, in.. read more →

17 Feb 2012
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Environmental Due Diligence – Damned If You Don’t

Many of your competitors won’t require any environmental due diligence on the loan that you are considering. Why? The reasons are many. National banks have huge loan loss reserves. They can absorb large numbers of small hits that may result from a lack of environmental due diligence. Any loan under $250,000 (Huge Bank #1) or.. read more →

15 Jul 2011
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Environmental Due Diligence for Residential Loans

Environmental due diligence is rarely performed by either purchaser or lender in residential transactions. However, with increased foreclosure activity, lenders are being confronted with residential environmental issues and the financial costs and legal headaches that they can entail. This article is written to advise lenders in Michigan. Residential Property The U.S. Environmental Protection Agency defines.. read more →

07 May 2010
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ABCs of Environmental Aspects of Lending

Commercial Loan Origination When the lender takes a mortgage on real property, the lender, as a secured creditor, is not liable for cleanup of environmental contamination on the property (unless the lender starts to exercise control over the property management). However, the environmental status of the property is a critical factor in its value as.. read more →

05 May 2010
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Foreclosure Timing

Foreclosure on a commercial property requires informed decision making after carefully coordinated environmental due diligence. A lender must be careful to not interfere with the business of the Borrower and the Borrower’s right to quiet possession of the collateral property during the term of the loan and redemption period. However, the lender must also be.. read more →

13 Apr 2010
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Considerations for Foreclosure on Properties with USTs

In Michigan, taking title to properties with underground storage tanks can be challenging due to a myriad of requirements that a lender must satisfy in order to protect itself and due to conflicting rules and time constraints. Planning becomes critical. In an ideal situation, the lender performed a Phase I environmental site assessment (ESA) prior.. read more →

13 Apr 2010
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Foreclosure Questions

Yeoman Group routinely has requests for guidance from lenders regarding foreclosure. The following represents common questions and concerns when looking at foreclosing on a property. For additional information please see the article titled “Foreclosure Timing” found in the available Yeoman Group articles for download. 1. Why is pre-foreclosure environmental due diligence so important, especially for.. read more →

13 Apr 2010
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Lessons Learned

It’s no secret that Michigan banks have strictly reduced lending on commercial real estate and are focusing on workout activities. Lessons learned by bank commercial lenders are valuable for those credit unions that are just starting commercial lending using real estate as collateral. The environmental aspects of commercial lending are especially relevant. During the heyday.. read more →

01 Jan 2010
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The Ever-Present Asbestos Hazard

Few hazards exist within interior of office and retail structures. However, one exists that is becoming a growing problem in older buildings, particularly larger commercial properties as their fixtures deteriorate. This hazard is asbestos exposure. Many people believe asbestos to be a problem of the past. And while they may be correct that most (but.. read more →

19 Nov 2008
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Structuring a Lending Environmental Risk Management Policy

Regulators require that a lending institution have an environmental risk management policy and that they then follow it. Regulators do not prescribe the nature of the policy. Each institution must then consider the policy carefully in that it affects both the quality of the bank’s assets as well as its marketing plan. The policy is.. read more →

17 Sep 2008
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