CRCM Exam: Can First National Purchase Loan A or Loan B?

Can First National Purchase Loan A or Loan B?

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Question

First National Bank and Fidelity Bank are subsidiaries of Bank Holding Company, Inc. Fidelity is planning to sell First National two loan participations. It has been

Fidelity's practice for several years to sell overlines to First National.

" Loan A has been on Fidelity's books for two years. It is a line of credit that will be over Fidelity's loan limit with its next advance. It was recently classified as special mention during a safety and soundness examination. First National agreed to purchase overlines on Loan A before Fidelity's funding of the loan two years ago and signed a participation agreement at that time.

" Loan B is 60 days past due for a principal payment, although interest payments are current. The loan has been on the books at Fidelity for one year. First

National agreed to purchase overlines on Loan B six months ago. Which, if any, of these loans can First National purchase?

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Explanations

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A. B. C. D.

B

The question describes a scenario in which Fidelity Bank, a subsidiary of Bank Holding Company, Inc., is planning to sell two loan participations to its affiliate First National Bank. The question presents two loans, Loan A and Loan B, and provides some background information on each loan. The question then asks which of the loans, if any, First National Bank can purchase.

Loan A is a line of credit that has been on Fidelity's books for two years. The loan will exceed Fidelity's lending limit with the next advance. The loan was classified as a special mention during a recent safety and soundness examination, which means that the loan has potential weaknesses that deserve management's close attention. First National Bank agreed to purchase overlines on Loan A before Fidelity's funding of the loan two years ago and signed a participation agreement at that time.

Loan B is 60 days past due for a principal payment, although interest payments are current. The loan has been on Fidelity's books for one year. First National Bank agreed to purchase overlines on Loan B six months ago.

Based on this information, First National Bank can purchase Loan A but not Loan B. Here's why:

Loan A is eligible for sale because First National Bank agreed to purchase overlines on the loan before Fidelity funded it, and signed a participation agreement at that time. This means that First National Bank has a contractual right to purchase the overlines on Loan A, regardless of the loan's classification as special mention or the fact that it will exceed Fidelity's lending limit with the next advance. The fact that the loan is classified as special mention does not necessarily preclude its sale, although it may impact the price or terms of the sale.

Loan B is not eligible for sale because it is 60 days past due for a principal payment. When a borrower is delinquent on a loan, it is generally considered a low-quality asset. A loan that is past due for a principal payment may be considered a non-performing loan or a loan in default, depending on the terms of the loan agreement and applicable laws and regulations. First National Bank agreed to purchase overlines on Loan B six months ago, but that agreement does not give it a contractual right to purchase the overlines if the loan becomes delinquent. Therefore, First National Bank cannot purchase the overlines on Loan B at this time.

In conclusion, the correct answer to the question is C: Loan B only. First National Bank can purchase the overlines on Loan A, but it cannot purchase the overlines on Loan B because the loan is past due for a principal payment.