Loan Workouts and Creditors Rights

We regularly represent and otherwise assist our lender clients in dealing with problem loans and the enforcement of their default rights and remedies. For example, we are often involved in:

Pre-workout evaluation of problem loans, including:
- Identification and correction of documentation deficiencies
- Review of collateral liens and security interests and related perfection and priority issues
- Review of possible loan or guaranty enforcement issues
- Bankruptcy considerations
- Identification of environmental contamination issues
- Evaluation of possible lender liability claims
Negotiating and documenting loan workout agreements whether the borrowers are:
- Viable borrowers with short term or otherwise curable problems
- Troubled borrowers in anticipation of foreclosure, enforcement or bankruptcy proceedings
Dealing with competing third party liens, including:
- Mechanics liens and stop notices
- Crop seed and fertilizer liens
- Producer liens
- PACA liens and trusts
- Livestock feed and nutrient liens
Preparing and representing the lender on deed-in-lieu agreements and voluntary asset liquidation programs
Structuring and assisting in real property or personal property foreclosures, including trustee sales, UCC collateral dispositions, setoffs and other self-help remedies, as well as oversight or involvement in judicial and bankruptcy proceedings