Banking Brief: Financial Services Insights for Creditors, Lenders, and the Banking Industry: Amundsen Davis

When Is a Survey Too Old for a Commercial Real Estate Loan?

Madalyn S. Kinsey — Thu, 16 Apr 2026 09:00:01 -0400

For lenders making loans secured by commercial real property, a current survey is always preferred. In some transactions, however, a lender may be asked to rely on an existing survey in order to save time and expense. Whether that request can be accommodated depends on the specific risks associated with accepting a dated survey.

Protecting Agricultural Aircraft Collateral: Practical Risk Management for Lenders

Michael G. Cortina — Tue, 03 Mar 2026 09:00:02 -0500

Secured loans require collateral, and lenders usually protect the collateral with certain provisions, like requiring insurance in a certain amount. This works well for collateral on common loans like real estate or automobiles. But, what about uncommon types of loans, like one for an agricultural aircraft? Is insurance enough?

Leveling the Playing Field? Lessons From Indiana’s House Bill 1625 Proposal on Noncompete Agreements

Joey K. Wright — Wed, 12 Nov 2025 09:00:03 -0500

Although it did not advance through the 2025 legislative session, Indiana General Assembly’s introduction of House Bill 1625 marks a noteworthy moment in Indiana’s ongoing conversation around noncompete agreements. The proposed bill, which would have prohibited virtually all noncompetes entered into after June 30, 2025, signals Indiana lawmakers are increasingly willing to reconsider the role restrictive covenants play in today’s labor market. For employers across all industries, the proposed bill serves as a reminder that the legal landscape surrounding noncompetes is evolving and future legislative effort could push Indiana closer to broader constraints. While it is not possible to predict if a similar bill will be introduced in the 2026 session, now is an ideal time for organizations to assess how prepared they are for a potential shift.

When a Commercial Borrower Defaults: Understanding the Lender’s Options

Thu, 23 Oct 2025 09:00:04 -0400

When a borrower defaults on a commercial loan, the lender's initial steps can make the difference between a successful workout and a drawn-out collection process. It is essential to understand the lender’s options and act with purpose in addressing the default and properly documenting any further modifications to the credit relationship.

Executive Order Issued to Ensure Fair Banking for All Americans

Asha A. Cermak, Larry Tomlin — Fri, 08 Aug 2025 09:00:05 -0400

On August 7, 2025, President Trump signed an executive order titled “Guaranteeing Fair Banking for All Americans,” asserting that financial institutions have restricted access of individuals and businesses to financial services on the basis of their “political or religious beliefs or lawful business activities, "and that some financial institutions have participated in “[g]overnment-directed surveillance programs targeting persons participating in activities and causes commonly associated with conservatism and the political right following the events that occurred at or near the United States Capitol on January 6, 2021.”

Guarantors vs. Co-Borrowers: Avoiding Pitfalls in Loan Structuring

Mon, 23 Jun 2025 09:00:06 -0400

In commercial lending, the decision to designate a party as a guarantor or co-borrower is more than a technicality—it can significantly impact a lender’s ability to enforce a loan. Mislabeling a guarantor as a co-borrower, particularly when they do not receive loan proceeds, often weakens a lender’s position in the event of default. This is a common point of confusion in loan structuring, and it may even seem counterintuitive, but missteps in this area can lead to costly challenges.

CFPB May Lose Ability to Enforce Regulations In-House

Michael G. Cortina — Thu, 22 May 2025 09:00:07 -0400

On May 12, 2025, the Consumer Financial Protection Bureau (CFPB) filed a notice that seeks to rescind changes made in 2022 for administrative adjudications. The rules for administrative adjudications allowed the CFPB to enforce many cases in-house instead of in federal court. Recission of these rules would decrease the authority of the director of the CFPB in the management of cases, in turn leading to fewer regulations for lenders.

What a Tracking Technology Class Action Lawsuit Can Teach Financial Institutions

Patrick F. Mastrian III, Larry Tomlin — Tue, 20 May 2025 09:00:08 -0400

Financial institutions that use code-based tracking technologies may soon find themselves facing increased scrutiny and legal exposure as the next wave of class action litigation begins. A recent class action lawsuit alleging Everwise Credit Union disclosed sensitive personal and financial information underscores the importance of transparency and consent in the handling of personal and financial information.

Banking Regulators Signal Change in Cryptocurrency Approach

Daniel Spungen — Thu, 08 May 2025 09:00:09 -0400

The Federal Reserve Board (Federal Reserve), Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) have recently taken steps to permit traditional financial institutions to incorporate crypto and digital asset services.

What Trump’s Order on Disparate-Impact Liability Means for Banks and Financial Institutions

Larry Tomlin — Tue, 06 May 2025 09:00:10 -0400

On April 23, 2025, President Donald J. Trump signed an executive order titled “Restoring Equality of Opportunity and Meritocracy.” This order states that the U.S. aims to limit the use of disparate-impact liability in order to stay aligned with the Constitution, federal civil rights laws, and core American values. For banks and other financial organizations, this signals a big change in how they will be regulated.