Environmental Considerations For Loan Transactions

Law360, New York (July 18, 2011, 1:19 PM EDT) -- The impact of contaminated property and other environmental issues can be a critical consideration during all phases of lending transactions, including loan origination, loan servicing, and loan workouts and foreclosures. Perhaps the most discussed topic on this issue is lender liability — whereby a lender becomes directly responsible for addressing an environmental condition on its borrower’s property. While this is critical, other considerations such as the impact of an environmental condition on the value of the collateral or the ability of the borrower to repay the...
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