Commercial Lending

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Legal Support for Borrowers & Lenders

Our attorneys have helped borrowers and lenders successfully complete over 750 million in commercial loan transactions.

Our lawyers are experienced and skilled legal advisors,. We help clients through each step of the process. Make sure their rights and interests are protected. And work to complete the loan transaction as quickly and efficiently as possible.

From helping borrowers review loan documents, advise on and negotiate terms, opinion letters and workouts to helping lenders conduct due diligence, transaction structuring, drafting loan documentation, and enforcement, we have the experience to walk our clients through each step of the commercial loan transaction.

We represent large and small lenders; as-well-as, borrowers of all types and sizes; including, small businesses, closely held and family-owned businesses, privately and publicly held corporations and individuals, in a wide variety of commercial loan transactions.

We have years of experience supporting clients with a variety of commercial loan types for a broad range of purposes.

  • Commercial mortgage lending
  • Construction & Development
  • Equipment leasing & purchases
  • Commercial bank loans
  • Business lines of credit
  • Asset backed loans
  • Hard money Loans
  • SBA loans
  • Promissory notes
  • Floor-plan financing
  • Mezzanine lending
  • Business acquisition loans
  • Recourse and non-recourse debt
  • Subordinated debt  lending
  • Cash flow loans
  • Bridge loans

Borrower Representation

Helping Borrowers Finance Business Goals

Whether you are just starting out, looking to expand, or planning on exiting the business, being able to obtain financing is crucial to your success

Business borrowers need capital for many different reasons: launching a business, operating capital, business expansion, purchasing inventory, buying equipment or commercial real estate.

Being able to get that capital when you need it can be crucial to the success of your business.

Depending on the type of loan, how it’s structured, the amount, type of collateral and what it’s being used for, the commercial lending process can be long, complex and at times overwhelming. Moreover, the loan documents drafted by the lender’s attorneys will be designed to protect the lenders interest.

Commercial lending transactions have long term financial and legal implications. It’s important you have your own attorney looking out for your rights and interests because no one else will.

You need an experienced attorney to guide you through the process so you can be confident you fully understand the transaction, making an informed decision.

Our business attorneys have the experience to help you evaluate the available options, advise on the loan terms, advise on the legal aspects of the loan and any potential issues.

Borrower Specific Legal Services

  1. Evaluate and advise on the loan options available.
  2. Negotiate to ensure the terms and conditions are acceptable.
  3. Review loan documents to ensure they comply with law, regulations, identify any terms and conditions that may be an issue, and the rights and interests of the borrower are protected as much as possible.
  4. Explain each loan document so you understand the terms, conditions, risks and obligations.
  5. Represent and advise through the entire process and at closing.
  6. Represent borrower’s interests if there is a dispute or lawsuit.

Lender Representation

Helping Lenders Protect and Enforce Their Legal Rights

We provide lenders efficient, timely, and cost-effective legal solutions that align with their business objectives.

These services cover everything from negotiations, contract formation and drafting supporting documents, to loan workouts and restructuring, and pursuing legal remedies through the court system.

We assist lenders through all phases of a loan transaction and advise on everything from negotiating, structuring, documenting and executing loan related documentation;

including, credit agreements, collateral documents, subordination agreements, purchase and sale agreements, to letters of credit, operating agreements, maintenance agreements, option agreements and many others.

We represent lenders in a wide range of loan related legal matters including complex credit transactions, commercial lending, secured and unsecured transactions,

equipment lease agreements, tax-exempt transactions, project financing, and letter of credit transactions.

Our team focuses on using their extensive legal skills, experience, and knowledge to develop creative solutions to difficult commercial lending issues. Because we have guided clients through every stage of the transaction, from both the lender and the borrower side, we are able to recognize both problems and opportunities quickly and take action to advance your interests.

We protect our lender by ensuring that regardless of the collateral type, the loans are thoroughly documented and the lender’s rights to collection and litigation are fully preserved in the event of a default.

Lender Specific Legal Services

  1. Draft commercial loan agreement documentation.
  2. Conduct transactional due diligence.
  3. Structure commercial loan transactions.
  4. Enforce loan agreements and manage collections.
  5. Advise on risk management.
  6. Uniform Commercial Code (UCC) compliance
  7. Commercial loan disputes and litigation
  8. Negotiate Loan restructure and workouts.
  9. Advise on lender liability.
  10. Creditor rights representation.

Loan Restructuring & Workouts

We work with lenders to achieve their strategic objectives and maximize their recovery. When negotiating and drafting workout agreements or restructuring a loan we carefully review all of the documentation to make sure all of the nuances of the situation are fully taken in to account. Our team is comfortable using tools such as collateral turnover agreements, forbearance agreements, deeds in lieu of foreclosure, and other custom agreements to accomplish our client’s objectives.

Lender Liability

Lender liability claims can lead to significant delays in collection efforts, lengthy litigation, and even in the lender having to pay damages to the borrower. The most common types of lender liability claims are: breach of contract and fraud, breach of fiduciary relationship, and inappropriate collateral sales. These cases typically arise out of claims that there was no mutual consent for the loan or that the lender used fraud to convince the borrower to enter into the loan. It is vital that lenders have a skilled legal team that can push back against this types of claims and can establish that the two sides had a typical lender-borrower relationship where everything was done at arms-length.

Creditor Rights

Once a borrower files for bankruptcy protection, it is essential that a lender rapidly develops a plan to protect its interests. We work with lenders to develop and execute bankruptcy strategies to mitigate losses and preserve their creditor rights. Our team represents lenders in Chapter 7, Chapter 11, and Chapter 13 bankruptcies. We use a variety of tactics to protect creditor rights including filing motions for relief from the automatic stay, filing proofs of claim, adversary complaints, litigating preference claims, objections to the plan, and objecting to the discharge.

Loan Related Legal Services

We represent lenders in state and federal court at both the trial court level and on appeal on issues relating to loan litigation. We handle a wide cases ranging from breach of contract and collection issues to situations where borrowers bring claims against the lender such as seeking to enjoin a foreclosure. Fair Debt Collection Practices Act (FDCPA) claims, and Real Estate Settlement Protection Act (RESPA) claims. Our years of litigation experience and deep knowledge of the subject matter allow us to help clients achieve their litigation objectives as efficiently as possible.

Get a Free Initial Consultation

To find out more about how our legal services can help you overcome legal obstacles and achieve your goals and objectives give us a call at
(407) 259-2426 or click the button below to schedule a free consult.

Address: 228 Hillcrest St, Orlando, FL 32801 | Phone: (407) 259-2426
Toll Free: (866) 801-2636 | Fax: (407) 391-3626 | Email: contact@walshbanks.com

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