Banking

Real Estate Development and Finance

The attorneys of Martin & Squires have over 20 years of experience providing legal services to real estate developers and lenders in both in good times and in bad. We represent both institutional and non-institutional lenders and borrowers in both complex and straightforward commercial transactions. Drawing on this experience, we provide our clients with personalized, cost-effective legal services designed to achieve their goals. Our lender clients include community-based banks, regional banks, and national banks. Where appropriate, we utilize our experienced paralegals to keep client costs down while providing efficient timely service to our clients. We counsel our clients in their due diligence, structuring and closing needs, including:

• Preparation, review and analysis of documentation for real estate secured lending transactions including construction loans, bridge loans, term loans, land development loans, tax credit equity bridge loans, mezzanine loans, loan modifications, secured revolving credit loans and loans involving specialized assets such as ground leases, assisted living and senior housing apartment buildings, big box commercial retail development, hotels, restaurants, office buildings, drug stores, grocery stores, multi-family apartment complexes, mixed-use developments, condominiums, office/warehouse facilities, industrial warehouse facilities, SBA 504 loans, bank-qualified bond transactions, and residential land development
• Asset based lending including revolving credit loans with borrowing base assets and term loan facilities
• Project management and review of due diligence involved in real estate transactions, including survey and title issues, resolution of real estate title and survey issues, condominium plats, declarations and related documentation, review and analysis of leases, review and analysis of franchise agreements, construction documentation, corporate and limited liability company documentation and structure and closing related items.
• Advice on collateral perfection, lien priority issues and loan administration
• Preparation, review and analysis of participation agreements

Creditor’s Remedies and Loan Workouts

When the loan doesn’t work out as the parties had intended, we provide advice to borrowers and lenders on loan workouts, including forbearance agreements, voluntary foreclosure agreements, and deed-in-lieu of foreclosure documentation, including:

• Enforcement of loan documentation and creditors’ rights, including loan collections, judicial and non-judicial mortgage foreclosures, receiverships, enforcement of assignments of leases and rents, enforcement of guaranties, UCC sales and personal property dispositions, actions in claim and delivery (replevin actions), and representation of creditors in bankruptcy proceedings, including lift-stay, adequate protection, and cash-collateral matters

Lender Liability

Lender liability law recognizes that in certain circumstances, financial institutions can be liable if they do not treat their borrowers fairly. Attorneys at Martin & Squires have extensive experience representing both financial institutions and borrowers in lender liability litigation in state and federal courts. We draw on this experience to advise our banking clients on how to avoid lender liability claims, such as claims dealing with breach of contract, bad faith, breach of fiduciary duties, misrepresentation, and possible fraud.