Direct Lenders' of USA Commercial Mortgage
  
Last Update 5/21/08 - 2:30pm EST  
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Followup to Analysis new Loan Servicing Plan

Executive analysis

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June 20th Court decision allows sixty days (until August 20th) to properly organize individual LLCs

  • Bylaws must be put in place and include
    • Duties, responsibilities and authorities (and limitations of authority) of Board of Members
    • Duties, responsibilities and authorities (and limitations of authority) of Manager whether the Manager is from inside or outside the LLC
    • Methodology of electing and removing Members of the Board
  • Correct flaws in contracts
    • Indemnification of Board of Members.
    • Require that the Board of Members be made up only of Members
  • Election of Board of Members should be solely by Members.
  • Boards of Members make and control management and servicing decisions.
  • Have new corrected contracts prepared, distributed and returned.

June 20th Court decision allows sixty days (until August 20th) to resolve transparency issues

  • Issue ownership disclosure for FDH, L2L and provide résumés of principals and key individuals.
  • Disclose outside servicing companies that L2L may contract for services (i.e.: Vindrauga Corporation, Consolidated Mortgage, CFI Mortgage, California Pacific Mortgage, etc.)
  • Resolve L2L’s lack of license to act as a loan servicer
 
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