Examples of Special Servicing Fees in a sentence
Excessive and unreliable Trust Expenses as well as excessive and unreliable Special Servicing Fees are red flags that signal poor financial health of the Trust.
The data regarding the number of bankruptcies, aggregate Special Servicing Fees, and aggregate Trust Fund Expenses was routinely incomplete, false, and/or misleading.
The sole purpose of these “advances” was to (1) maintain their “Controlling Class Interest” in the Trust, thus permitting them to remain as Special Servicer and collect Special Servicing Fees, including foreclosure fees and interest on reserves for replacements paid by borrowers; (2) assure themselves payment of monthly interest and principal on their “B-Piece” investments in the Trust; and (3) have unlimited access to an intimidating litigation war chest.
All Special Servicing Fees paid to ORIX (and the KeyCorp Defendants since April 2006) in the MLMI (in excess of $2 .1 Million) and FULBBA Trusts.
Promptly following demand by Secured Debt Holder, the Plan Debtor shall pay, as incurred, the Special Servicing Fees for the Loan that accrue under the Servicing Agreement during the period commencing on the first day after the Effective Date and ending on the earlier of (a) the date the Loan is transferred back to the Master Servicer under and as defined in the Servicing Agreement (the “Master Servicer”) and (b) the date that is ninety (90) days after the Effective Date.
In case of any irrelevant or non-readable files, non-submission of any of the below mentioned documents in the bid may be rejected.
Servicing Fees, much less prove that Wilmington Trust’s claim falls under any grounds for disallowance pursuant to § 502(b).Accordingly, Debtor’s Claim Objection with respect to the Special Servicing Fees is overruled, and the $12,051.40 claim for Special Servicing Fees is allowed pursuant to § 502(a).
Debtor’s Objection to Special Servicing Fees in the amount of $12,051.40 is OVERRULED.
Indeed, the fact that the C30 PSA has to treat the regular Special Servicing Fees as an Additional Trust Fund Expense – precisely because they are not an expense incurred in liquidating the property – makes clear that Penalty Interest is not a Liquidation Expense either.
Additional Trust Fund Expenses – which are a component of the Purchase Price deducted from Liquidation Proceeds when calculating Gain-on-Sale Proceeds – include Special Servicing Fees paid to the Special Servicer, but do not include Penalty Interest.