Lender Representation and Lender Review Counseling Matters
DesChamps Law Firm has earned the reputation among local commercial lenders as having the knowledge, expertise, and capacity to assist lenders 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, and most litigation attorneys are not also transactional attorneys. Because our attorneys are both transactional and litigation attorneys, DesChamps Law Firm offers a unique perspective.
DesChamps Law Firm can assist 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 under applicable law.
- The mortgage and security documents are enforceable in accordance with their terms under applicable law, and that their priority, validity, and enforceability are not affected by the status of the title to the secured property.
- The most efficient methodology is implemented if the loan goes into default 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 a deficiency judgment, suit on the debt and/or guaranty, short sales, loan purchases, or bid assignments. DesChamps Law Firm has extensive experience with each scenario.