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Loan Transactions

Loan transactions, whether commercial or residential, are complex and multi-faceted. Signing a legal financial document such as a loan without careful review and full understanding can be detrimental to your best interests. Legal counsel and loan representation is highly recommended. 

Kauffman Thompson represents both lenders and borrowers in creating, negotiating, and closing commercial and residential loans. Because we have experience on both sides of the table, we can construct favorable terms for our clients while protecting them from any terms which may become problematic in the future. Combining knowledge of your goals with a comprehensive understanding of the loan process, we can ensure that any financial transaction is beneficial and structured to fit the organization's vision. 

The firm advises clients on a broad spectrum of lender and borrower issues, including:

  • loan agreements – i.e., drafting and negotiating lender loan documentation, such as promissory notes, mortgages, loan agreements, guarantys, security or pledge agreements, jury trial waivers, environmental indemnities, etc.
  • title matters – i.e. advice on removing title defects, and how to secure and perfect liens upon different types of collateral (e.g., real estate, vehicles, furniture, fixtures, equipment and other items of tangible personal property, boats, vessels, copyrights, patents, trademarks, stock or partnership/LLC interests, governmental licenses, etc.)
  • escrow and closing services (loan closings)
  • loan sales (i.e., loan assignments, and purchases or sales of loans and/or loan documents)
  • loan forbearance agreements
  • loan participation agreements
  • inter-creditor agreements
  • subordination and non-disturbance agreements (SNDAs)
  • loan renewals or modifications
  • helping lenders and borrowers to reformulate and/or restructure problem loans (including short sale approvals, loan workout or modification agreements)
  • providing strategic advice in regards to asset-based lending

Legal Guidance for Lenders 

Our attorney team offers expertise in representing secured and unsecured creditors and lenders across the spectrum of financial transactions. 

Kauffman Thompson will draft loan documents and letters of credit, review due diligence documentation, and negotiate terms with asset-based and lender security sources. We understand that when it comes to resolving a problem loan, there is no formula. Our law firm works to construct innovative and creative solutions regarding all types of loan workouts, including foreclosures, replevin actions, deed-in-lieu transactions, forbearance agreements, and bankruptcies. 

Our real estate experts bring extensive experience to the table and work side-by-side with lenders and creditors to negotiate purchase contracts, resolve title issues, environmental matters, land use concerns, and advise lenders to affect a successful sale and closing.

Legal Guidance for Borrowers 

Applying for a loan, whether commercial or residential, is not an easy process. A lender will consider the prospective borrower's capacity to repay the loan, taking into account income, financial standing, collateral, and past credit history. The loan process is challenging, and lenders have a full team of professionals ensuring that their interests are protected and thoroughly documented. 

Borrower representation levels the playing field, affording legal counsel to the borrower in the form of negotiation, contractual review, advice regarding loan terms, and guidance for properly filling out and submitting the necessary documentation. Kauffman Thompson helps borrowers of all sizes navigate the loan process and meet their goals while minimizing risk. 

Both lenders and borrowers sometimes believe that no legal representation is required because the loan process is so commonplace. However, these financial transactions involve complex documentation and should be approached with a professional attorney's skill and diligence. 

Kauffman Thompson is here to ensure that your interests and goals are well represented when entering the loan process.

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