GENERAL BANKING AND
REGULATORY ISSUES

We assist our banking clients to resolve various matters related to general banking and compliance with state and federal regulations including the following:

• Regulation O
• Regulation CC
• Regulation E
• RESPA
• Electronic Funds Transfers and Internet Banking
• NACHA
• Documentary Drafts
• Uniform Commercial Code

 

COMMERCIAL LOAN DOCUMENTATION

Our attorneys are experienced in all aspects of the commercial lending process including the structuring of commercial loan transactions and preparing the documentation necessary to perfect the bank’s collateral position. We understand how to combine legal and business considerations to get your deals closed in a cost-effective manner. Our expertise includes a varying range of transaction size and complexity in the following areas:

• Asset based lending utilizing revolving and
  term loans secured by business assets
• Tax exempt and tax increment financing
• Construction and real estate financing
• SBA Lending including 7(a), Express, and 504 Financing
• Equipment financing
• Mezzanine and subordinate lending
• Credit enhancements and letters of credit
• Floor plan and leasehold finance arrangements
• Warehousing lines of credit
• Loan participation agreements
• Loans to non-profit corporations
• Housing grants and loans funding through an
  independent financial institution
• Aircraft/watercraft financing requiring perfection
  with federal agencies
• Common interest community loans secured
  by association assessments and/or real estate
• 1031 exchanges and reverse exchanges
• Tenancy in common (TIC) financing

Successfully completing a loan transaction often involves working with governmental agencies at all levels, we have skill and experience dealing with:

• Local redevelopment authorities
• Federal Home Loan Bank
• Minnesota Housing Finance Agency
• Minnesota Pollution Control Agency
• Metropolitan Airports Commission
• United States Coast Guard
• Federal Aviation Administration

 

LOAN WORKOUT AND COLLECTION

We assist our banking clients in working out troubled loans in an effort to maximize their recovery and avoid litigation when possible. Our initial efforts typically involve opening substantive dialog with the borrower in an attempt to structure a repayment plan that is both realistic for the borrower and satisfactory to the bank. We have successfully utilized the following workout agreements:

• Forbearance Agreements
• Voluntary Relinquishment Agreement
• Confessions of Judgment
• Deed in Lieu Agreements
• Voluntary Receivership Agreements
• Other structured arrangements to maximize
  recovery of troubled loans

 

COMMERCIAL BANKING LITIGATION

There are times when litigation is inevitable. When that occurs we implement the following recovery methods:

• Commencement of Formal Litigation
• Attachment Proceedings
• Repossession and Replevin
• Debtor/Creditor Remedies
• Restraining Orders
• Post Judgment Collections
• Court Appointed Entity Receiverships

 

REAL ESTATE FORECLOSURES

When it comes to Real Estate Foreclosures, we are experienced in the following areas:

• Residential Property
• Multi-Unit Properties
• Commercial Property (with or without the use
  or implementation of a Receiver)
• Foreclosures by Action (Judicial)
• Foreclosures by Advertisement (Publication)
• Voluntary Foreclosures
• Deeds in Lieu of Foreclosures
• Redemption Rights
• Junior Creditor Issues
• Joint Venture Matters

 

CREDITOR BANKRUTPCY RIGHTS

There are times when bankruptcy becomes a major component of the loan workout structure. We are no strangers when it comes to addressing the following types of Creditor bankruptcy issues:

• Obtaining Relief from the Automatic Stay
• Dealing with Preferential Transfer Matters
• Fraudulent Conveyances
• Reaffirmation Agreements
• Getting Property out of the Bankruptcy Estate