January 2018
January 2018: Lender's Edge Newsletter

Are Lenders Entitled to Insurance Proceeds When Foreclosing?

A lender’s right to insurance proceeds after foreclosure depends on the type of loss payable clause contained in the insurance policy and the timing of the loss. Lenders should be mindful of these issues when seeking insurance proceeds in the context of foreclosure, and this article presents several courses of action.

Maintaining Privilege When Communicating With Professionals

When a loan begins to deteriorate, or actually defaults, lenders routinely need to communicate with counsel, outside vendors, investors and other professionals to determine the best course of action. Many of those communications involve sensitive information, including workout strategies, that lenders may sometimes want to keep private. This article details the various steps lenders can take to minimize the possibility of these types of communications becoming discoverable in the event of litigation.

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