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  • Will You Add? - Yield Maintenance Fees-Part II: Applying Indiana Law

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    l rule is that reasonable prepayment provisions are enforceable. Thus yield maintenance fees (a/k/a prepaym
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    This is the second of a two-part article dealing with yield maintenance fees in the context of Indiana commercial foreclosure law. In Part I, I summarized the only three Indiana cases on point. I’ll now apply that case law and, given the rules, explore some of the decisions commercial lenders may face.

    The rules. The law from the Seventh Circuit and the Indiana Court of Appeals is definitive as to a few issues. The general rule is that reasonable prepayment provisions are enforceable. Thus yield maintenance fees (a/k/a prepayme

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    rcial foreclosure law. In Part I, I summarized the only three Indiana cases on point. I’ll now apply that case law and, given the rules, explore some of the decisions commercial lenders may face.

    The rules. The law from the Seventh Circuit and the Indiana Court of Appeals is definitive as to a few issues. The general rule is that reasonable prepayment provisions are enforceable. Thus yield maintenance fees (a/k/a prepaym

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    ase law and, given the rules, explore some of the decisions commercial lenders may face.

    The rules. The law from the Seventh Circuit and the Indiana Court of Appeals is definitive as to a few issues. The general rule is that reasonable prepayment provisions are enforceable. Thus yield maintenance fees (a/k/a prepaym

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    e law from the Seventh Circuit and the Indiana Court of Appeals is definitive as to a few issues. The general rule is that reasonable prepayment provisions are enforceable. Thus yield maintenance fees (a/k/a prepaym
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    l rule is that reasonable prepayment provisions are enforceable. Thus yield maintenance fees (a/k/a prepayment premiums) can be recovered. But there is an exception if a lender accelerates the debt (forecloses). In that instance, the lender waives its claim to yield maintenance fees. In other words, an election to accelerate generally is an exclusive remedy that will preclude the recovery of yield maintenance fees.

    Payoff vs. acceleration. Assuming a reasonable yield maintenance fee provision is in the note, a pure payoff by th

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