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贷款及财务

Our experienced lending and finance attorneys provide comprehensive legal services to national, 地区性和地方性贷款机构, 包括银行, credit unions and specialized lenders making loans to consumer and commercial borrowers, as well as to individuals buying a home and businesses seeking financing to acquire or expand their business or facilities. We have closed thousands of single-family residence purchases as well as hundreds of commercial loans involving everything from small investment rental property to multi-million dollar manufacturing facilities, 公寓楼和购物中心.   我们提供独立律师审查贷款文件, title work and due diligence items for real estate and other collateral types so that our client’s interest is properly documented and protected.  除了复杂的房地产交易, our attorneys have experience in many specialized lending arrangements including auto dealer finance, 参与贷款, 夹层融资和证券化二级市场交易. 

Our banking and finance attorneys also have decades of experience working with the banking and credit union business community to enforce creditor's rights and remedies, 包括问题贷款处理, 抵押品清算,包括丧失抵押品赎回权和UCC出售, 特殊的资产, 欠债催收和破产程序, 包括免除逗留, 阻止排放和计划确认问题的措施.  Our attorneys also stand ready to defend against lender liability claims brought by dissatisfied borrowers in Federal and state courts.  We are proud of our good reputation and long history working with most of the leading banks and bankers in Southeast Virginia and Northeast North Carolina.

贷款谈判及文件

关于商业贷款, our attorneys have represented both borrowers and lenders in the early stages of negotiating the terms of the loan and ensuring that the loan documents are consistent with the agreed upon terms. 客户通常可以就交易的大致内容达成一致, 但是一般的贷款文件超过一百页, so each line must be carefully reviewed to ensure that it matches the parties’ agreement and does not include objectionable terms or conditions. 虽然这种语言经常被描述为“样板”, both lenders and borrowers are frequently surprised when we explain some of the terms and the details which are encompassed in that language.

交易前尽职调查

除了贷款文件, there are a number of other items which must be carefully reviewed including title work and a survey. 再一次, our goal is to make sure that our client understands exactly what is being bought or serving as collateral and any issues or limitations which may exist. We do not want there to be any surprises at the closing or even several years afterward. Our attorneys and paralegals order and collect all of the due diligence items needed and then carefully review them to make sure there are no problems or omissions. We order and review surveys to verify that any buildings or structures are properly located on the real estate being acquired and that there are no unnecessary easements, 被遗忘的“纸街”或其他影响物业的问题. Likewise, we review title reports closely for consistency with the survey and to make sure that the borrower has or is acquiring the entirety of the property and taking title in the manner desired.

商业地产

Commercial real estate transactions not only involve higher purchase prices and loan amounts in many instances but also have many additional and sometimes unique challenges. 除了标准职称和调查要求, commercial transactions usually involve specialized endorsements to the title policy and enhanced survey detail. Our attorneys carefully review these items in order to resolve any issues. Commercial loan transactions also frequently involve issues and documents related to tenants, 环境问题, 财产状况和/或实体借款人. 我们在起草房客禁止反悔证书方面经验丰富, 从属, 不干扰和代理协议, 放弃房东留置权, 贷款参与协议, intercreditor agreements and many other custom documents and agreements. 我们收集, review, or prepare as applicable all documents necessary for a timely and successful closing.

资产基础贷款(ABL)

Asset based lending is a form of loan transaction in which the collateral is something other than “dirt”, typically the “inventory” manufactured by a company and the “accounts receivable” owed by purchasers of that inventory to the borrower. 不像固定的贷款金额,是在一段时间内偿还, these loans are made on a revolving basis where funds are borrowed and repaid on a daily basis as inventory is sold, 采购新原料, 顾客为购买的产品付费. The Uniform Commercial Code provides the legal framework for these loans, but due to the fast-paced nature of the loan and inherent challenges involved in monitoring the collateral, 贷款文件要求非常详细. Our attorneys regularly prepare or review hundreds of pages and have extensive dialogue with counsel for the other side to negotiate the very fine points of the transaction.

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