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 premium CLE webinar with Q&A
This CLE course 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 is a financial services lawyer who focuses on M&As, public and private securities, governance, and... | Read More
Mr. MacDonald is a financial services lawyer who focuses on M&As, public and private securities, governance, and policy issues for clients engaged in this industry. Since 1979, he has helped domestic and international clients including bank holding companies, banks, investment banks, broker-dealers, investment managers, and fintech companies. He advises senior management and boards of directors. Mr. MacDonald also provides strategic and transaction guidance, including evolving areas such as regulatory relief and financial services policy. A growing area is the fintech industry, particularly its regulation and relationships with state, federal, and foreign regulators and traditional financial services companies. Clients range from global banks such as Citibank and BNP to regional and community banks. He often advises commercial businesses with respect to relationships and services with their financial services providers. Mr. MacDonald advises clients frequently regarding financial services M&As, asset and liability transactions, public and private securities offerings, Volcker Rule, investments and risk management, and bank, trust company, credit card, fintech, and other financial services charters.Close