Understanding the HVCRE Bill

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Consistent with the statutory definition of an HVCRE ADC loan in section 214, the revised HVCRE exposure definition will exclude credit facilities for the acquisition or refinance of existing income-producing real property secured by a mortgage on such property, so long as the cash flow generated by the real property covers the debt service and expenses of the property in accordance with a depository institution’s underwriting criteria for permanent loans.

Last week the U.S. House of Representatives passed a bill that seeks to delineate what causes a commercial real estate loan to be classified as a "high volatility commercial real estate loan," or, as it’s more commonly referred to, as a "HVCRE loan." Since the rule regarding HVCRE loans was promulgated, there’s been much debate and confusion around that fundamental question.

Sens. Cotton, jones introduce hvcre clarification bill February 12, 2018. Senate Banking committee members tom Cotton (R-Ark.) and Doug Jones (D-Ala.) last week introduced a bill that would clarify the regulatory treatment of high-volatility commercial real estate loans intended to address many banker concerns about capital requirements on HVCRE exposures.

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Consistent with the new law – which allows banks to risk weight at 150 percent only those high-volatility commercial real estate loans that fall under the statutory "HVCRE ADC" definition – regulators affirmed that banks may report only those loans when filing their Call Report and FR Y-9C.

A bipartisan bill, H.R. 2148, meant to clarify which loans qualify as HVCRE was introduced by Congressmen Robert Pittenger and David Scott in April. Real estate lawyer Gregg Loubier, a partner.

What are the proposed changes to HVCRE regulations? On November 8, 2017, the House passed H.R. 2148. If the Bill passes the Senate unchanged and is signed into law, loans will not be classified as HVCRE if the property is producing enough income to satisfy the bank’s debt service requirements and pay expenses related to the property, regardless.

The U.S. House of Representatives has passed a bill to clarify the rule regarding high volatility commercial real estate loans, commonly referred to as "HVCRE loans." This alert summarizes the major clarifications contained in that bill, H.R. 2148, the Clarifying Commercial Real Estate Loans Act.

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