Home » Tag Archives: Molly Jeffcoat Moody

Tag Archives: Molly Jeffcoat Moody

COMMERCIAL FINANCE 701: The Passing of LIBOR

The death knell for LIBOR officially sounded on July 27, 2017, when the UK’s Financial Conduct Authority broadcast it would cease maintenance of the internationally-used interest rate benchmark beyond December 31, 2021.  The surprise announcement was surprising only as to the timing of the press release and the sunset date.  The Wall Street Journal dissed the rate back in 2008 ...

Read More »

COMMERCIAL FINANCE 701 — The powerless power of attorney

The long-awaited closing date on the $21.5million commercial construction loan is finally here.  Construction projects involve numerous moving parts. By the time a loan closing occurs, the out-of-pocket developer on the project awaits a hefty advance. The borrower, a Mississippi limited liability company, has two members – one of whom serves as the managing member.  The managing member is present ...

Read More »

COMMERCIAL FINANCE 701 — The outlook in Mississippi for 2017

Michael Lewis’ new book – The Undoing Project – should be the starting point for any projections about commercial finance in Mississippi during 2017.  The book underscores our defective reasoning process that routinely (1) underestimates uncertainty, (2) places too much weight on limited observations, and (3) ignores biases.  With those caveats in mind, we guesstimate the outlook for commercial finance ...

Read More »

COMMERCIAL FINANCE 701: Zoning – trust, but verify, authenticate & insure

Zoning plays a critical role throughout the life of a commercial development.  In terms of reviewing zoning status, the Reagan-adopted “trust, but verify” adage should come to mind.  Zoning, however, can be quite complex and the more appropriate proverb might be “trust, but verify, authenticate and insure.” As the term is generally used, “zoning” refers to the approved usage of ...

Read More »

COMMERCIAL FINANCE 701: Payment and performance bonds in construction projects

Construction lenders on large commercial construction loans customarily require payment and performance bonds.  At the loan commitment letter stage, this condition rarely concerns a borrower.  Later, however, when the requirement materializes into a line item in the contractor’s budget, the borrower might have second thoughts.  We attempt to define and appraise the payment and performance bond (P&P Bond). Let’s assume ...

Read More »

COMMERCIAL FINANCE 701: Practical issues with multi-tiered entity structures

It is quite common – even vogue nowadays – for the ownership structure of a commercial project to include a chain of entities.  Even in a relatively straightforward commercial project, the resulting organizational chart can be convoluted.   (See Chart 1). The older ones among us grew up with corporations as the standard fare, which invariably included shareholders, a board ...

Read More »

COMMERCIAL FINANCE 701: The UCC, secured transactions & personal property liens

The Uniform Commercial Code (UCC) has swayed many a law student to question a future career in business law.  A semester of UCC law, using a small font, 3-inch thick textbook chock-full of tedious definitions and mind-numbing concepts, bores even an otherwise indefatigable accounting grad.  Our topic is limited to secured transactions. BACKGROUND.  A smidgen of background information on the ...

Read More »

Watkins & Eager adds members

John B. Howell III and Molly Jeffcoat Moody have been named members at Watkins & Eager PLLC. Howell has a litigation-focused practice, with significant experience in commercial litigation, employment and labor litigation, tort and general litigation, medical malpractice and health care, product liability, appellate advocacy and banking, financial services, and securities litigation. Before coming to the firm he clerked for ...

Read More »

COMMERCIAL FINANCE 701 — CRE loans, credit underwriting & the Feds in 2016

US banks didn’t have to wait long to learn the Feds’ thoughts on commercial real estate (CRE) loans in 2016.  On December 18, 2015, the trio of federal bank regulators – the Federal Reserve Board, FDIC, and the Comptroller of the Currency – issued a dismal harbinger entitled “Statement on Prudent Risk Management for Commercial Real Estate Lending.” The four-page ...

Read More »

COMMERCIAL FINANCE 701 — Real property taxes – ad valorem and more

An observant, pragmatic and penny-pinching Benjamin Franklin once mused, “In this world nothing can be said to be certain, except death and taxes.” The quip distills the issue to its core, but taxes in today’s world are much more complex than Franklin’s succinct quote would suggest. This article is about ad valorem taxes on real property in Mississippi. Ad Valorem ...

Read More »