Lender Representation

LENDING TRANSACTIONS:
The firm provides counsel to non-bank corporate, private, and industrial loan providers in the structuring, negotiation, documentation, and closing of real property secured loan facilities, including:
  • construction financing
  • property rehabilitation financing
  • purchase of promissory notes
  • term, permanent, and mini-perm loans
  • subordinated financing
  • leasehold mortgages
  • loan restructuring and workouts
  • modification and extension transactions
  • land development loans

 

COMMERCIAL LOAN MODIFICATIONS/FORECLOSURES/LITIGATION

No matter how careful a lender is from time to time a loan will go into default. When a loan goes into there are both a variety of reasons and a variety of responses including foreclosure, receivership, renegotiation, and/or litigation. In our experience the majority of our commercial loan defaults are resolved amicably, but this is not always the case. The firm also provides our mortgage lending clients with advice and counsel with respect to troubled loans. We offer practical guidance on the assertion of remedies, including receivership, foreclosure, and deeds in lieu

We are also experienced in the representation of lenders faced with litigation claims arising from lending transactions, and are well versed in the North Carolina SAFE Mortgage Act.