Banking & Creditors' Rights


Loan Documentation

In a challenging lending environment, every loan merits additional scrutiny. Our Banking attorney’s goal and focus is to protect the interests of local banks and regional lenders in commercial lending and loan documentation, as well as individuals and businesses who are borrowing or restructuring loans.  Our experienced Banking law attorneys provide proactive counsel and attention to detail in advance of commercial lending transactions.

Brandt, Fisher, Alward & Pezzetti is recognized as a leader in commercial loan documentation for new construction and development, expansion, acquisition, and other projects. We provide a wide range of services related to loan transactions, including performing due diligence on the borrowers, issuing letters of intent, drafting participation agreements, preparing loan documents, obtaining and reviewing title insurance, and conducting and coordinating closings.

 

Loss Mitigation

Creditors are faced with an obligation to prevent or minimize losses in loan relationships.  In our unstable economy, this has become increasingly difficult and important.  Brandt, Fisher’s focus on loss mitigation has resulted in successfully working with Creditor’s to reduce the amount of damage and exposure to losses caused by a defaulted loan relationships.  Related Activities: Loan Workout & Forbearance, Deed in Lieu of Foreclosure, Foreclosure, Bankruptcy, Collection. 

 

Loan Workout & Forbearance

Brandt, Fisher, Alward & Pezzetti has a team of Banking lawyers and paralegals dedicated to handling loan workouts and documenting the loan workout transaction. The workout team represents a wide range of clients, including special servicers, commercial banks, credit unions, local banks, and investment banks.  Our attorneys have extensive experience working with a broad scope of loan and collateral types, including unsecured loans, loans secured by commercial or residential real estate, security interest in business assets, leases, and personal guarantees. Our attorneys handle all phases of the loan workouts, including negotiating and drafting forbearance agreements, short sales, loan modifications, deed-in-lieu transactions, and consensual sales through receivers or auctions.   Brandt, Fisher’s full service debt collection, foreclosure and bankruptcy related practices offers a ready, willing and able “plan b” for those loans that cannot be successfully or consensually worked out with the debtors.

 

Loan Review & Audit

Understanding and auditing Loan Documents and transactions, identifying potential documentation and collateralization deficiencies and possible issues related to the loan transaction is a prudent preventative step for Lenders and a  crucial initial step prior to initiating collection of defaulted loans.  Brandt, Fisher, Alward & Pezzetti has extensive experience reviewing loan documentation and presenting the information to lenders in a manner that allows them to be informed and proceed with confidence regarding its loan documents and its rights contained in the loan documents.  Whether reviewing already defaulted files in preparation for collection or random file audits for quality assurance purposes, a prudent lender can resolve many of its loan documentation problems if they are diligent in reviewing and auditing those processes and loan documents.

 

Title Claims & Resolution

Brandt, Fisher, Alward & Pezzetti has significant experience in the title industry representing lenders in processing title claims and title companies in clearing title issues.  By taking a practical approach to resolving the title problem, while complying with all contractual requirements to maintain the coverage provided for in the policy, we have successfully guided clients through title claims process and resolved many title claims with and without the need for litigation.