We Document Review.

Our attorneys have experience identifying issues with existing loan documentation.

 

 

 

Document Review & Title Search

For loans under review by a lender, Rosenberg Martin Greenberg provides meticulous document review attorneys  to prepare thorough analysis of all relevant documents as well as title search to determine whether there are any deficiencies or title issues that may affect the strategy to be employed by a lender, either anticipating or following a loan default. Even if there is a clear default under the loan, deficiencies in the documents may adversely affect the lender’s ability to exercise its default rights and remedies. Any such shortcomings must be identified for the lender prior to issuing the loan. A review by the attorney and lender is then necessary so that a reasoned decision can be made regarding how to proceed in the transaction.

For nearly 30 years, RMG has worked on behalf of our lender clients to ensure that the deals they make are sound ones. Lending is risky business. But when you trust the document review to a dedicated team of seasoned legal professionals, your interest can be protected. Our goal is always to minimize our client lenders' overall risk exposure and to improve the operational and financial performance of their investments.

A comprehensive doc review includes examinations of any relevant documents including: 

  • mortgage documents
  • existing notes and executed riders
  • certificate of mortgage insurance and/or guarantees
  • assumption or modification agreements
  • leasehold estate documentation
  • settlement statements
  • endorsement and assignment chains
  • condominium or cooperative documentation
  • title insurance

Protecting Lenders' Rights and Remedies

Failure to comply with loan covenants may trigger a default under which the lender may opt to exercise options and remedial measures such as the right to foreclose on collateral, accelerate the debt or commence legal action to compel repayment. However, any undiscovered document deficiency or oversight in the initial loan agreement, can work to prevent aggrieved lenders from taking legal action to recover losses.

RMG document review attorneys protect our lender clients' rights and remedies with a meticulous of review of items where such deficiencies are often hidden including:

  • borrower representations regarding proper corporate authority to enter into the agreement
  • representations regarding borrower's good standing under relevant legal authority
  • representations concerning absence of material borrower default on other outstanding loans
  • warranties regarding title to collateral used to secure the debt at issue
  • articulation of default triggers
  • matters pertaining to high-risk borrowers and guarantors

Our team will also conduct a thorough title search to ensure the saleable interest in the property at hand, freedom from restrictions related to its use, and whether any liens exist that might affect the lender's priority in the event of default.

Contact an RMG document review attorney

When the possibility of a loan default looms on the horizon or has already occurred, lenders have only the executed agreements to determine the right path forward. Serving lenders in Virginia, Maryland, DC, and across the Mid-Atlantic region, we at Rosenberg Martin Greenberg understand the intricacies and implications of key loan clauses and are prepared to assist lenders in developing the strategies they need to enforce their rights under the law.

Document Review Team

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