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Financial Services Law Insights and Observations

Agencies put out policy on CRE workouts

Bank Regulatory Federal Issues Federal Reserve OCC FDIC NCUA Real Estate Commercial Lending

On June 29, the FDIC, OCC, Federal Reserve Board, and NCUA, in consultation with state bank and credit union regulators, jointly issued a final policy statement addressing prudential commercial real estate loan accommodations and workouts for borrowers experiencing financial difficulty. The policy statement applies to all supervised financial institutions and supersedes previous guidance issued in 2009. Building on existing supervisory guidance, the policy statement advises financial institutions “to work prudently and constructively with creditworthy borrowers during times of financial stress.” The policy statement (i) updates interagency supervisory guidance on commercial real estate loan workouts; (ii) adds a new section on short-term loan accommodations (for purposes of the policy statement, “an accommodation includes any agreement to defer one or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or provide other assistance or relief to a borrower who is experiencing a financial challenge”); (iii) addresses relevant accounting standard changes on estimating loan losses; and (iv) provides updated examples on how to classify and account for loans modified or affected by loan accommodations or loan workout activity. The policy statement takes effect upon publication in the Federal Register.