RICK L. KNUTH is the keeper of the Banking and Finance Law Spotlight Site.

Rick's practice focuses on assisting institutional and private lenders and borrowers in asset-based loan transactions, real estate financing, accounts receivable and inventory-based financing. He has over 30 years experience in loan documentation, mortgage and trust deed foreclosures, loan participations, credit opinion letters, workouts, and insolvency proceedings of all kinds. He counsels banks large and small in all aspects of their commercial credit relationships.

Look for postings by the other attorneys in our Commercial Lending and Banking Practice Group.

Keven M. Rowe (Group Leader)
Tom Berggren
Rick L. Knuth
Kyle V. Leishman
James W. Peters
Susan B. Peterson
Jacob Redd
George R. Sutton
Glen D. Watkins
Randon W. Wilson

Published Articles

"Fraudulent Checks- the 'Same Wrongdoer' Defense"
by Rick L. Knuth

Originally Published in Utah Banker Magazine Fall 2013.

Important Resources

Welcome to the BANKING AND FINANCE LAW Spotlight Site.

Here you will find interesting information on trends and issues in the banking industry--especially with respect to the law and regulatory matters.

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Thanks for visiting.


Before You Send the Default Letter, . . .
Posted on Apr. 2, 2014

My blog entry of February, 2013 addressed using a pre-negotiation agreement before starting loan modification or workout discussions with a defaulting borrower. My central point was that pre-negotiation agreements are useful in two ways: (1) to cut off any claims of waiver and to clear the conversation of any shadow of lender liability; and (2) to focus the borrower’s mind on the need to solve the problem.

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Fraudulent Checks- the 'Same Wrongdoer' Defense
Posted on Dec. 12, 2013

Banks are regularly sued by customers who discover that someone has forged or added an unauthorized signature to a check that has been honored by the drawee.

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Loan Participation or Assignment; What's the Difference?
Posted on Sep. 17, 2013

Let’s say you arrive at your desk one bright and sunny morning and find that your counterpart at a competing bank has left you a voicemail, proudly telling you she’s just made a loan to the nation’s top manufacturer of buggy whips, fully secured by advanced, state-of-the-art buggy whip manufacturing tools and an expansive and varied inventory of the best buggy whips made anywhere. "Would your bank like a piece of it?" she asks. Sounds great! You call her right back and exclaim: “We’re in!” And then the other banker asks, “Do you want participation or assignment?”

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Playing Favorites
Posted on Aug. 12, 2013

“Most-Favored Nation” is a term in international agreements, under which trade terms offered one nation are made no less favorable than the trade advantages given any other nation. In other words, the recipient gets the best deal the granting nation affords.

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Prepayment Penalty? No Such Thing!
Posted on Jul. 16, 2013

The other day a young lawyer in my firm asked: “Does the client want a prepayment penalty in the loan agreement?”

I made him stand the corner and repeat, “There are no prepayment penalties. There are no prepayment penalties.” Over and over.

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Posted on Jun. 4, 2013

Section 523(a)(2)(A) of the Bankruptcy Code provides that a debtor may not receive a discharge for debts found to be incurred by fraud.  It is well-settled that if a debtor borrowed money intending not to repay it, the debt is non-dischargeable.  But what happens when the debtor-borrower misrepresents the purpose of the loan?  That is, when the borrower tells the lender he needs the loan for x, but all the time he really intended to spend on y?

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Regulation, Regulation and Even More Regulation
Posted on May. 16, 2013

Pete Stevens is an attorney specializing in insurance reglatory law. Pete's article Regulation, Regulation and Even More Regulation was published in the spring 2013 Required Reading Newsletter.

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The Fair Lending Implications of Using Social Media
Posted on Apr. 24, 2013

Welcome to guest blogger, Marianne G. Sorensen, an attorney in our St. George office that focuses on real estate law.

Could your (or your employees’) use of social media invite a claim that your lending practices are discriminatory?

“No way!” you state, knowing that you have trained bank personnel in complying with regulations issued under the Fair Housing Act, eliminated any overt evidence of discrimination, and carefully implemented policies to minimize claims of disparate treatment.

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Jones Waldo Attorney Pete Stevens Published in National Professional Mortgage Professional Magazine
Posted on Apr. 16, 2013

Pete Stevens is an attorney specializing in insurance reglatory law at Jones Waldo. His recent article in National Mortgage Professional magazine, "A New Era for Mortgage Closings," shares concerns for the propensity of scams and untruths in the mortgage industry. Read his piece on the growing importance of objective validation and vetting.

CLICK HERE for article.

More information on Pete and his practice can be found HERE. You can reach him via email at: rstevens@joneswaldo.com.

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Things You Need to Know When Leasing to a Franchisee
Posted on Apr. 2, 2013

Franchisees can be among the best tenants for a retail landlord.  They tend to generate above-average customer traffic and revenue, and can increase property values and cash flow to other tenants. Franchisees are using a proven business formula and they can look to the franchisor for valuable assistance. Finally, to a greater or lesser degree, the franchisor will police the franchisee in matters of operations and finance in many areas where the landlord will benefit.

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Rick Knuth is a member of the American College of Mortgage Attorneys.

George Sutton was recognized in 2012 as Utah Attorney of the Year in Financial Services Regulation Law by Best Lawyers in America.

Rick Knuth was recognized in 2012 as Utah Attorney of the Year in Banking and FinanceLaw by Best Lawyers in America.

All eligible attorneys in this group are ranked AV Preeminent by Martindale-Hubbell.

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Utah Association of Financial Services

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