Commercial Lending Representation
Our team has extensive experience handling a variety of complex and sophisticated commercial lending transactions. We have worked with national and regional lenders in both secured and unsecured transactions. We have successfully handled every part of the commercial lending process including negotiations, structuring the transaction, and properly documenting the transaction for secured, unsecured, asset-based, and commercial loans.
We protect our lender clients 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.
Learn more about our commercial lending transaction services.
Loan Workout and Restructuring
Loan workouts and restructuring are an increasingly important part of the strategic focus of many lenders. However, these types of negotiations with borrowers also can open up the lender to liability and harm their ability to later collect if the loan remains in default.
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.
Creditor Rights/Bankruptcy Representation
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.
Having an efficient and thorough foreclosure process is essential for lenders and servicers in possession of delinquent mortgages. Sloppy preparation and execution can lead not only to increased losses on individual mortgages, but can open up a lender to even greater liability.
Through our years of experience, we have developed a streamlined and detailed-oriented process for managing foreclosures. We don’t waste time on shortcuts. We make sure every step in the foreclosure process is accurate and fully documented. This avoids wasteful delays and helps our clients navigate the foreclosure process as quickly as possible.
Eviction Process Management
Evicting a tenant after a property that has been foreclosed on can be a long and complex process. Each county in Florida has its own rules that govern the eviction process. Even incidental oversights can result in month long delays for lenders waiting to take back possession. These delays are costly. Our team is familiar with all of the different county rules relating to evictions. We are detail oriented and make sure our clients are able to regain possession as soon as possible.
Our team manages the eviction process for lenders and works with the Clerk of the Court and the local sheriff’s office to make sure all formalities are observed and the process is as streamlined as possible.
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 range of 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.