Foley Partner Walter Little authored an article that appeared in Real Estate Finance & Investment on July 18, 2011 titled “Selling Participated Loans.” Little discusses the sale of participated loans when they enter non-performing status, stating that it is prudent to consider preventative measures that supplement the language of participation agreements when assessing whether or not to sell a distressed participated loan. He adds that an established protocol for the free flow of information between lender group members could help to prevent conflicts from occurring between members if the opportunity to sell the loan arises.
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