Lending & Finance
Our attorneys work with banks, lenders, and businesses nationwide to close loans, negotiate title insurance, analyze business transactions, and guide clients throughout the closing process. Throughout a client-focused and collaborative approach, our attorneys provide knowledge, service, and insight for clients across the country.
Our experience encompasses a wide range of commercial lending transactions, with a focus on Small Business Administration (“SBA”) government guaranteed loans, including SBA 7(a) and 504, as well as USDA and conventional financing. We serve as trusted advisors in each transaction by providing sound and practical solutions that promote efficient and accurate closings for our clients.
Lewis Kappes commercial lending and finance attorneys are recognized across the nation. Our attorneys are licensed in multiple states and have depth and experience in multiple forums. As counsel for banks and lenders, our Lending & Finance team has closed transactions in all fifty (50) states. We are proud members of the National Association of Government Guaranteed Lenders (“NAGGL”).
For banks and lenders, preserving the SBA guaranty is the most important aspect of the closing process. With continued growth, change, and regulation, having trusted counsel on your side is invaluable. Lewis Kappes attorneys anticipate issues, provide solutions, and offer a depth of experience that allows clients to close transactions with confidence that the SBA guaranty is intact. Lewis Kappes provides SBA lending services in compliance with an array of regulatory requirements.
- Loan documentation and closing
- Compliance and lender oversight
- Loan structuring, eligibility, and franchise reviews
- Drafting commitment letters, authorizations, and loan documents
- Management of the due diligence process
- Title insurance orders, negotiations, and review
- Uniform commercial code, judgment lien, and bankruptcy searches
- Collateral lien perfection and enforcements
- Post-closing workouts and creditor’s rights
Conventional Real Estate and Asset-Based Secured Financing
Lewis Kappes provides services for banks and lenders in all aspects of conventional lending transactions.
- Owner occupied financing
- Income properties financing
- Construction financing
- Residential and commercial real estate development financing
- Conventional cash flow loan transactions
- Working capital facilities
- Equipment leasing
- Due diligence for all real estate collateral (including title insurance review and negotiation, survey, site inspection, and Federal Emergency Management Agency (“FEMA”) special flood hazard area reviews)
Commercial Lending and Financial Services
Lewis Kappes serves businesses of all sizes with respect to their business loans and purchase and sales transactions. Our attorneys represent businesses involved in commercial real estate purchases, real estate development, mortgage lending, equipment and machinery purchases, business franchises, and business startups. Our attorneys guide clients through assessing loan terms and help unravel the complexities of loan documents.
- Promissory notes
- Deeds of trust
- Assignments of leases and rents
- Personal and entity guarantees
- Security agreements
- Financial and borrower covenants
- Warranties and representations
- Estoppel certificates
- Due-on-sale provisions
- Prepayment penalty obligations
- Rights and remedies
- Environmental covenants
- Indemnification provisions
- Waiver of rights
- Choice of law provisions
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