Loan Documentation
We have provided assistance to banks, savings and loans, and other financial institutions both public and private for a combined
5 decades. Whether the loan involves a floor plan, a lease pool, a participation, new construction or renovation
of existing real estate, pad site development, residential subdivisions, is asset based, includes lines of credit, letters
of credit, involves commercial mortgage-backed securities for all loan amounts, we have the experience to prepare
and negotiate the documents. We tailor them to the individual credit and the intent of the parties providing the maximum
protection for our client. Unlike larger firms where departmentalization has created practice groups where professionals
focus only on one aspect of the lender/borrower relationship, our attorneys have experience in the enforcement of the
rights contained within the documents and therefore can incorporate meaningful remedies and protection.
With today’s technology, “unlocking” standard documentation is available like never before to allow a lender who is budget
conscious to utilize existing document programs while tailoring the documents for a particular transaction, collateral
and to fulfill other needs.
Training and Support
We know that documentation tech or loan assistants usually prepare the loan and collateral documents. Likewise communication with the borrower is often automated and supervised by clerks. These people are efficient and conscientious but are not often trained to recognize particular reasons for the manner in which a particular document or filing should be prepared or communicated. When mistakes are made these can lead to the most protracted and expensive court matters. With our specialty services we can provide customized training assistance to build consistency into each of these processes at your institution. Without losing everyone in the details, we provide focus and clear information that can be easily understood and followed by each person moving in or out of this important job function. You provide updated documents and we then update the training. It’s really that simple! Contact us for details.
Litigation Management
We have litigated bank matters including loan enforcement, lender liability, probate claims, receiverships & fraud for many years. We have stepped in where others were unable to obtain relief in an efficient manner. If you have questions about the representation you are receiving, if you need some guidance on what you should expect or if you need instruction on basic procedures we can help. Managed litigation is possible with the right type of information. We can also provide supervision and monitor your outside counsel and your budget while providing informative reports with the information you need when you need it. Call on us to help.
Modifications/workouts
Definitely through the past five to ten years, but also throughout their entire careers our attorneys have worked on hundreds
of modifications and workout scenarios. Let our experience benefit you by providing alternatives to “the standard”
forbearance agreements as we apply our tools and tricks of the trade to assist you in not only modifying the borrower/lender
relationship but also enhancing the credit.
Unfortunately many modifications and workouts do not result in full performance of the loan, so that is why the modification
process if properly utilized can save time and eliminate protracted litigation.
Settlements
Article 8 of the Uniform Commercial Code governs investment property. Our attorneys have prepared documents used to define relationships and borrowing between the private banking, trust and the commercial divisions of various financial institutions. We have further documented and litigated investment security collateral claims and actions. While each type of collateral is treated differently and has different inherent rights and responsibilities to be followed, the least publicized and most technical involve marketable securities and other investments. Our attorneys can help navigate that unfamiliar process. Not limited to the debtor/creditor relationship, our attorneys are also familiar and have experience in crafting contracts to protect valuable interests and eliminate unnecessary liabilities for our lender clients while providing for asset and income opportunities that an independent investment tenant might provide.
Investments
Article 8 of the Uniform Commercial Code governs investment property. Our attorneys have prepared documents used to
define relationships and borrowing between the private banking, trust and the commercial divisions of various financial
institutions. We have further documented and litigated investment security collateral claims and actions.
While each type of collateral is treated differently and has different inherent rights and responsibilities to be followed,
the least publicized and most technical involve marketable securities and other investments. Our attorneys can
help navigate that unfamiliar process. Not limited to the debtor/creditor relationship, our attorneys are also
familiar and have experience in crafting contracts to protect valuable interests and eliminate unnecessary liabilities
for our lender clients while providing for asset and income opportunities that an independent investment tenant might
provide.
Negotiable Instruments
While Check 21 and other internet based rules and regulations have somewhat obviated the need for monitoring and protection relative to the midnight clearance deadlines, there are still areas involving negotiable instruments which are not routine to most counsel. Our attorneys have handled the general lender calls for years. We can provide assistance to your financial institution. From a simple as a tutorial on or practice pointers to utilize powers of attorney to discovering and protecting against check fraud and check kiting, we have experience reversing, enforcing and tracing funds through multiple institutions. We stand ready to provide this assistance for you.
Loan Audits
The regulators review the loan files for their purposes; we review them for yours. Do you know when and how your documents can be strengthened? Are your filings current and complete? Do you hold the rights and interests you should? Call it a file audit or internal due diligence. Our counselors have hands on experience with loan audits, covenant monitoring and policing collateral. Able to understand and interpret the regulations pertaining to file documentation and monitoring, our attorneys can provide assistance tailored to the particular needs of our clients to help audits run smoother and for internal compliance to be easily monitored. We can perform it for you and help you create your own system.
Fraud
From the in-house investigation standpoint, meeting with corporate security, processing of initial demands, running meetings with borrowers and other involved parties to coordinating intra and interbank policies, our attorneys are well versed in the tricks and nuances of bank fraud. Representing lenders for many decades in state and federal including bankruptcy court has been a staple of our firm’s practice. Knowledge of the inner workings of the debtor/creditor relationship, the covenants and agreements to be followed through the relationship by the parties and the planning and evidence required to successfully prosecute such cases is one of our great strengths. Whether you require assistance preparing an official confidential report, preparing and running a meeting with an errant customer or borrower or respond to government subpoenas to detail bad conduct, or preparing the packages to send out for litigation, we are available to assist. We invite you to call on us to provide assistance in these types of cases where we can put our knowledge to work for you to respond to official inquiries or to prepare your own action to recover losses.
