We Get Loan Modifications
Our attorneys are all trained to draft "state of the art" modification agreements.
Loan Due Diligence for Lenders
The Real Estate Finance Group of Rosenberg Martin Greenberg provides exceptional loan due diligence for lenders. Each attorney in this division of our firm is committed to the success of every transaction. To that end, we begin every transaction with a detailed and efficient review of the borrowing entity, title and survey, as well as all other real estate-related documents, including environmental site assessments and insurance documents. Such thorough review enables our lender clients to evaluate all applicable risks. With decades of experience, our lawyers have tackled the most complex title, survey, leasing and other real estate-related issues by addressing such issues with loan documents that are appropriate for the deal structure and that protect our clients.
Benefits of comprehensive loan due diligence
Whenever a lender enters into a transaction with a borrower, there are several areas where the arrangement could ultimately fail. To safeguard against such pitfalls, it is incumbent upon the lender to ask the important questions such as:
- Is the borrower making accurate and believable representations?
- Is the property a sound investment?
- Is the venture going to perform well enough to make the transaction worthwhile?
Commercial due diligence targets these uncertainties to minimize risk, and Rosenberg Martin Greenberg can provide valuable input in assisting the lender answer the above questions.
The borrower will need to provide key necessary information including:
- Personal credit information
- Documentation of the financial history of the company and principals
- Tax returns
- Any other loans and liabilities
- Any documentation related to the potential purchase/development of the real estate
Equipped with this information, a due diligence expert can assess and analyze the integrity of the borrower, predict the reliability of the transaction, and ensure a sound return on investment.
Loan due diligence is especially important in areas such as:
- commercial real estate underwriting
- insurance due diligence
- commercial loan underwriting
- residential real estate underwriting
Insight into these transactions can come from specialty databases, court records, secretary of state records, and other sources. An expert in loan due diligence can not only access these documents, but also interpret the findings, determine the risk, and make appropriate recommendations.
Benefits of outsourcing loan due diligence
In addition to industry-specific experience that builds special insight into transactions, loan due diligence attorneys have access to resources that make the process more efficient. For example, our due diligence attorneys have access to databases containing information related to potential parties including their UCC filings; tax, judgment, or other liens against it; and lawsuits over missed vendor payments.
A professional can also spot areas of potential liability like that which can arise from environmental contamination of real estate acquired in a deal, and thus subject to CERCLA and other federal regulations.
Work with a Leading Lender Law Firm
The attorneys in the Real Estate Finance Group of Rosenberg Martin Greenberg bring detailed, efficient analysis of transaction documents to ensure deals are structured in a way that protects the interests of our clients. Depend on a team with decades of experience in complex lending matters and commercial litigation.
We will work tirelessly on your behalf to ensure lenders get the benefit of the bargain in every loan transaction.
Loan Due Diligence Team
The Latest from the Knowledge Center...
New Legislation Proposed to Lower Threshold for Projects to Qualify for Baltimore City’s High-Performance Market-Rate Rental Housing Tax Credit
By: Justin Williams On May 9th, Councilman Bill Henry introduced CCB #19-389, which proposes to modify the number of rental units required to qualify a multi-family dwelling project for the City’s High-Performance Market-Rate Rental Housing Tax Credit (the “Tax Credit”) from 20 units to 10 units. First enacted in 2014, the Tax Credit was aimed…
Public infrastructure projects are on the rise, from new transit systems to comprehensive highway renovations and everything in between. Behind the scenes, some governmental body is fast at work acquiring private land along the project route by power of eminent domain. This harsh reality is endlessly vexing to anyone who stands to lose land to…
May 30, 2019 | William L. Hallam, Creditors’ Rights In In re Muhs, the United States Court of Appeals for the Fourth Circuit was called upon to decide whether “the meaning of ‘willful and malicious’ under Alaska law is identical to the meaning of ‘willful and malicious’ under the Bankruptcy Code.” In its May 8, 2019…
Maryland Governor Signs into Law New Statute Assisting Commercial Lenders Seeking to Obtain Receiverships over Borrowers and/or Real Estate Collateral
There is good news for commercial lenders in Maryland seeking the appointment of a receiver over a borrower or solely over real estate collateral. On April 30, 2019, Governor Hogan signed into law HB 1065, which creates an entirely new set of rules when a commercial lender wishes to have a receiver appointed as one…
By Craig A. Enck, Esq., Partner, Rosenberg Martin Greenberg, LLP and Richard (Ricky) Adams, Associate, Rosenberg Martin Greenberg, LLP In Maryland, you can make a beneficiary designation on your real property. This type of transaction is called a Life Estate Deed. It can be a very useful tool to avoid probate while also preserving tax…
Maryland Bankruptcy Court Determines Priority of Homeowner Association Fees versus Mortgage Lender’s Deed of Trust
In 2017, the Maryland Court of Appeals in the case of Select Portfolio Servicing, Inc. v. Saddlebrook West Utility Company, 455 Md. 313 (2017) (“Saddlebrook”) held that a provision in a recorded declaration by a utility that purported to create a lien to secure payment of an annual assessment to cover the construction of water…
Many states, including Maryland and Pennsylvania, recognize the common law form of ownership of property as “tenants by the entireties” for both real and personal property, including bank accounts. Under that form of ownership, a husband and wife are a “marital unit” that is a different legal entity than the husband or the wife individually. …
Lawyers who represent debtors in bankruptcy cases, supported by rulings from many bankruptcy judges, have long taken the position that creditors with unsecured claims whose agreements with their debtors provide for payment of the creditors’ enforcement expenses, including attorneys’ fees, are not entitled to assert claims for such expenses in bankruptcy cases. This view has…
Date: January 17, 2019 | Authors: Brandon N. Mourges, Michael J. March The Tax Cuts and Jobs Act (“TCJA”) provided the most comprehensive update to the tax code in over two decades. Of the many changes the TCJA provided, Sections 1400Z-1 and 1400Z-2 of the IRC are of the most heavily discussed and analyzed by taxpayers and tax practitioners.…
Commercial lenders that originate asset-based lending (“ABL”) credit facilities are finding themselves in an increasingly competitive market. Large national banks grab the bulk of the multi-million dollar ABL credit line business. Lightly regulated non-bank ABLs serve smaller markets with loan facilities ranging from $3 million to $30 million. Community and regional banks seek to hold…