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Amendments to HVCRE Rules Give CRE Lenders and Borrowers Clarity, Relief

On May 24, 2018, the Economic Growth, Regulatory Relief, and Consumer Protection Act (Public Law No: 115-174) (the “Act”) took effect. Among other things, the Act eases banking rules pertaining to so-called “high volatility commercial real estate” (“HVCRE”) loans. Since January 1, 2015, lenders have been required to maintain significantly greater capital reserves for loans classified as HVCRE to hedge the increased threat to their capital adequacy posed by loans that finance real estate projects regulators consider riskier. Lenders, in turn, often seek to recoup some of the cost of maintaining greater reserves by increasing their interest rates on HVCRE loans. That makes their pricing less competitive. To avoid this situation, lenders and borrowers wish to classify a loan as non-HVCRE. That was difficult to do with construction or development loans before the Act. The definition of HVCRE loan was expansive. And excluding a loan from HVCRE classification almost always meant subjecting borrowers to stringent loan terms that, prior to the HVCRE rules being enacted, would have likely been unacceptable. This article summarizes the key ways in which the Act amended the HVCRE rules to provide lenders and borrowers clarity and relief.
Rocky Mountain Real Estate Blog

The latest real estate and land use news and updates.

Energy Star: 2018 Updates

Later this summer, the Environmental Protection Agency (“EPA”) will institute more stringent, recalibrated Energy Star certification metrics in an attempt to reflect current market conditions. As a result of this recalibration, Energy Star scores are expected to drop an average of 10 points for office buildings and 16 points for retail buildings. If maintaining your... Continue Reading...

Rocky Mountain Sign Law Blog

Regulatory, best practices, and other First Amendment news.

Supreme Court to Minnesotans: Wear Your Political Buttons, Badges, and T-Shirts to the Polls

Tea Partiers in the Land of 10,000 Lakes, as well as those hipsters who like to wear vintage political t-shirts (think “Nixon’s the One!” or “LBJ All the Way!”) on election day scored a big victory at the Supreme Court last week.  In a 7-2 decision, the Court held that a Minnesota law prohibiting individuals... Continue Reading...

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