Sometimes the best solution after a commercial loan default is a non-judicial resolution that maximizes the security or recovery for the lender while avoiding the time and expense of a commercial foreclosure. Our understanding of the documentation of commercial loan facilities combined with our experience pursuing commercial foreclosures and collections leaves us well-suited to carefully and creatively negotiate loan modifications, workouts and forbearance agreements. When both the lender and the borrower would like to avoid the cost of litigation, a deed-in-lieu agreement may be appropriate. We have the necessary commercial real estate experience to analyze the situation and properly protect the lender when taking title to real estate collateral.
We understand the business and regulatory needs of the financial institution as well as the complexities of each workout situation.
Our banking and real estate attorneys have experience in: