Does the least-cost analysis have to be completed if the qualified lender knows it will restructure the distressed loan(s)?
Every plan of restructure prepared as part of distressed loan servicing must have a least-cost analysis, including those situations where the borrower and lender develop a strong restructure plan. While qualified lenders may believe this analysis is not necessary, FCA is concerned that failure to conduct the analysis will not result in the best resolution to the distress. For example, qualified lenders may decide to restructure distressed loans that show repayment ability but not consider whether that repayment is realistic or if repayment of the loan installments alone will cure the distress. FCA believes that the least-cost analysis facilitates the process of determining if a restructuring will cure the source of the distress because it involves considering not just the cash flow of the borrower but payment of other debts and living expenses, the managerial ability of the borrower to resolve existing financial difficulties, and, most importantly for those loans in which distress is n
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