Lender Representation and Lender Review Counseling Matters
Our law firm has earned the reputation among local commercial lenders as having the knowledge, expertise, and capacity to assist the lender in both the documentation of the loan commitment through the closing process and in the enforcement of the loan and security documents in the event of default. Most transactional attorneys do not enter the litigation arena. Most litigation attorneys are not transactional attorneys. Because our attorneys are both transactional and litigation attorneys we offer a unique perspective.
Our law firm can help the lender in ensuring that:
- The terms and conditions of its commitment or term sheet are met at closing.
- The promissory notes and guaranties of payment are enforceable in accordance with their terms.
- The mortgage and security documents are enforceable in accordance with their terms and their priority, validity, and enforceability is not affected by the status of the title to the secured property.
- If the loan goes into default that the most efficient methodology is implemented so that the Lender is in a position to minimize its loss. Included in the methodology is the use of loan modifications, forbearance agreements, deeds in lieu of foreclosure, foreclosure with or without the seeking of deficiency judgment, suit on the debt and/or guaranty, or short sales. Our law firm has extensive experience with each scenario.