Repurchase Obligation Advisory

Arnstein & Lehr’s Repurchase Obligation Advisory group has extensive experience providing a broad range of consulting, counseling and other services in situations relating to repurchase contracts and demands made on originators and lenders.

Our expertise includes the following:

  • Analysis of repurchase contract obligations and loan participation agreement obligations
  • Analysis of regulatory and other statutory obligations of the originator/lender
  • Analysis and defense of statutory environmental cleanup liability under state and federal law
  • Defense and enforcement of repurchase obligations and loan participation agreement obligations
  • Defense of demands with respect to repurchase obligations, including assessment and evaluation of collateral
  • Disposition of repurchased obligations
  • Development and implementation of a collateral protection and realization plan to mitigate loan losses on defaulted loans
  • Interaction with banking regulators on loan restructuring issues, as appropriate
  • Extensive experience in handling both bank distress and bank failure transactions
  • Creating strategies to assess potential criminal and other exposures
  • Dealing with corporate finance, reorganization and restructuring, consumer and third-party rights, officer and director liability, the role of lenders, and related issues of corporate governance
  • Representing acquirers of entities which control/are liable with respect to repurchase contracts to assure fair pricing

Our group has the skills and expertise to represent all parties in a variety of matters including securitized pools to assure maximization of value for the benefit of the client. We also have the expertise, knowledge and access to professionals in related disciplines to assure fair results.