Advanced Loan Documentation
Click here for a PDF registration brochure.
Prevention of loan losses through implementation of proper loan structuring and documentation techniques is the objective of this seminar. This follow-up course to Principles of Loan Documentation will focus on more complex and problematic lending transactions, including securing loans with real estate with special emphasis on title insurance and surveys, & understanding the special problems of floor-plan and construction financing. In addition, this seminar will address the provisions of recently revised Article 9 of the Uniform Commercial Code that deal with security interests in securities and other investment property, such as brokerage and trust accounts.
I. Floor-Plan Financing
Part I of this seminar will address key issues related to floor-plan financing, including: the floating lien concept under Article 9; perfection of a purchase money security interest; understanding the interests and rights of the parties involved; key components and provisions of the floor plan loan agreement; cooperative efforts between and among competing floor-plan lenders, successful monitoring of the floor-plan agreement to prevent sales out of trust, and the special problems associated with a floor-plan borrower in default.
II. Securing Loans with Investment Property Under Revised Article 9 of the Uniform Commercial Code
This segment of the seminar will review the scope & requirements of the recently revised Uniform Commercial Code dealing with perfecting security interests in stocks, bonds, mutual funds, investment accounts, security entitlements, and other investment property. Participants will learn the scope, provisions & definitions under Revised Article 9 as well as key provisions from Article 8 of the UCC; the interaction of the revised Articles 8 and 9 of the Uniform Commercial Code & how to perfect & terminate security interests in certificated and un-certificated securities as well as securities accounts.
III. Construction Financing
Section III of the seminar addresses potential problem areas unique to construction financing and how to avoid them. Participants will learn how to collateralize and document a construction loan (including preparation of the construction loan agreement and commitment letter). In addition, this segment will examine the all important subject of disbursement controls and limiting the risks posed by mechanic’s liens. This section will also explore how the lender might increase its protection and reduce the administrative burdens of a construction loan by using a title insurance agent to handle disbursement of loan proceeds.
IV. Real Estate Secured Loans
The final portion of the program will deal with some of the unusual challenges related to loans secured by real estate. Participants will learn how to create and perfect a security interest in real estate using a mortgage or deed of trust. program dissects a typical mortgage explaining its key provisions and their benefit to the mortgage lender. The primary emphasis in this section of the program is on title insurance and surveys, how to understand them & use them effectively to enhance the protection of the lender’s security interest in real estate. Included will be a detailed discussion about the lender’s title insurance policy, available endorsements which provide greater protection to the lender, understanding and obtaining deletion of the standard exceptions to coverage in title commitment letters, and the importance of real estate surveys and environmental due diligence to the lender taking real estate as collateral.
V. 2010 Amendments to Article 9 of the UCC
In addition to the above content, a brief summary of the 2010 Amendments to Article 9 of the UCC, expected to go into effect in all states on July 1, 2013, will be provided.
Who Should Attend
These seminars are designed for loan officers, loan review officers, internal auditors, documentation specialists and bank counsel.
Lewis C. Laderer, Jr. is a partner in the law firm of Laderer & Fischer, P.C. in South Bend, Indiana. Laderer & Fischer focus their practice almost exclusively on the representation of commercial banks and other commercial lenders in the areas of banking law, commercial litigation, and bankruptcy. Mr. Laderer has extensive experience in assisting community banks in structuring loan transactions, developing loan contracts, and in the management of problem loans and bankruptcies. Mr. Laderer has for years provided training and consulting services to lenders and state banking associations throughout the country. Mr. Laderer holds a B.S. degree from Miami University, Oxford, Ohio and a J.D. degree from the University of Notre Dame. He has practiced law since 1968.
The following fees include the program, materials, continental breakfast, lunch and refreshments:
$225 Advanced Loan Documentation
$425 Both Days Principles of Loan Doc & Advanced Loan Doc (Same Person)
$450 Advanced Loan Documentation
$850 Both Days Principles of Loan Doc & Advanced Loan Doc (Same Person)
Participation in IBA programs is limited to members, associate members, and nonmembers from an eligible membership category at applicable member or non-member rates.
As of Jan. 1, 1994, only 50 percent of business food and beverage can be deducted. For tax purposes the cost of food and beverage for this program is $25.
Agenda (All Days)
8:30 a.m. Registration
9:00 a.m. Program begins
12:00 noon Lunch (included)
1:00 p.m. Program resumes
4:00 p.m. Program adjourns
IBA Center for Professional Development
6925 Parkdale Place
Indianapolis, IN 46254
The IBA Center for Professional Development is located on the westside of Indianapolis just off of I-465. From I-465 take the 38th Street West Exit (Exit 17). When you exit go west on 38th street. Turn north/right onto Eagle Creek Parkway and then east/right onto Parkdale Place. Our address is 6925 Parkdale Place, Indianapolis, IN 46254. Click here for a map and a list of local hotels. Dress is business casual.
Everyone who registers online will receive an e-mail confirmation after the registration is submitted. Within three or more business days prior to the day of an educational program, no cancellation charge will be assessed. Within two days prior, 50% of the fee is assessed. Refunds are not provided for cancellations or absences which occur on the day of the program. Substitutions are welcome at any time.