Secondary Loan Markets Post-Madden: Overcoming Restrictions in Future Loan Transactions and Secondary Market Sales
Strategies for Banks, Marketplace Lenders and Other Debt Purchasers to Effect Secondary Market Transactions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide strategies for counsel to banks, marketplace lenders, loan buyers, securitizers and other secondary market participants on originating loans, structuring loan sales and defending interest rate and other claims to avoid the impact of the Madden decision, which limits interest rates charged by purchasers of loans in the secondary market.
- Madden v. Midland usury restrictions
- Valid when made doctrine
- True lender and rent a charter challenges
- Other litigation prompted by Madden
- Future of the secondary market post-Madden and effects on secondary and securitization participants
- Strategies to avoid the effects of Madden
The panel will review these and other key issues:
- How can loan originations, sales and securitizations be structured to mitigate Madden’s effects?
- What provisions should be included in originating loan documents to reduce Madden concerns?
- How can secondary market participants avoid “true lender” challenges?
- What effect does Madden have on loans originated outside the Second Circuit?
- What strategies can be used by assignees attempting to enforce pre-Madden debt?
- Should secondary market participants seek to renegotiate terms with loan originators to maintain interest rates in loans sold?
Lisa M. Ledbetter
Ms. Ledbetter advises U.S. and non-U.S. banks and financial institutions on strategic, regulatory, enforcement, and... | Read More
Ms. Ledbetter advises U.S. and non-U.S. banks and financial institutions on strategic, regulatory, enforcement, and compliance matters before federal and state agencies, including the Federal Reserve Board of Governors, Office of the Comptroller of the Currency, FDIC, and the CFPB, among others. She advises clients on developing new financial products and services, implementing regulatory requirements, and business integration, expansion and wind-down.Close
Ralph F. (Chip) MacDonald, III
Mr. MacDonald's practice emphasizes securities, mergers and acquisitions, corporate governance, financial... | Read More
Mr. MacDonald's practice emphasizes securities, mergers and acquisitions, corporate governance, financial institutions (including REITs, investment managers, and broker-dealers), and financial products. He is a frequent speaker and author on matters related to financial and investment services and products.Close