Lenders

Overview


Wendel Rosen maintains an extensive cross-disciplinary practice to serve the needs of lenders, special servicers, and receivers responsible for managing or disposing of troubled assets.  As needed, attorneys from Wendel Rosen's complementary practice areas, including litigation, environmental, land use, and construction, contribute their skills to client matters.  Traditional and non-traditional lenders, including banks, hard money lenders, insurance companies, pension funds, financial companies, and private investment funds, can benefit from Wendel Rosen's range of lender services.  

Enforcement Proceedings

  • Initial analysis of alternatives and next steps involving loan default
  • Loan modification and/or extension, including obtaining additional security
  • Revision of loan documents to remove potential impediments to subsequent enforcement actions
  • Avoiding traps of anti-deficiency laws (e.g., the one action rule)
  • Foreclosure under the power of sale, judicial foreclosure, and enforcement of guarantees
  • Acceptance of a deed in lieu of foreclosure
  • Acquisition of the debtor entity instead of taking title to the real property security
  • Deposition of the debt to a third party
  • Creation of a separate entity to acquire the real property
  • Appointment of a receiver


Management and Operation of the Property

  • New leases, lease renewals, or lease amendments
  • Tenant defaults and unlawful detainer actions
  • Environmental issues
  • Construction issues
  • Land use issues
  • Litigation


Disposition of Property

  • Negotiation and preparation of purchase and sale agreements and option agreements
  • Reviewing and negotiation of financing documents
  • Analyzing and resolving title, zoning, and land use issues
  • Preparing all other real property disposition agreements and instruments


Bankruptcy

  • Chapter 7 cases
  • Chapter 11 cases
  • Creditor issues and creditor committees
  • Adversary proceedings


Experience
  • Represent regional banks in loan enforcement, foreclosures, workouts and disposition of REO

  • Represented one of the world’s premier agribusiness lenders based in the Netherlands prosecuting a $100 Million fraud and breach of fiduciary duty case against a large United Kingdom bank involving the purchase of bad syndicated loan debt. Kevin was involved with substantial briefing at the trial court level and also at the California Court of Appeal, where the client successfully obtained reversal of the trial court’s adverse judgment and several key pre-trial rulings.*

  • Favorable settlement for lender client in dispute with borrower over borrower’s alleged rights to increase loan amount.*

  • Brought action to enforce multi-million dollar promissory note for client-lender relating to property subject to foreclosure action.*

  • Enforced multi-million promissory notes for numerous lender clients.*

  • Won summary adjudication that hard-money lender’s loan to elderly widow violated California’s Anti-Predatory Lending Law.

Attorneys
  • Brodehl, Kevin R.
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  • Dean, Michael A.
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  • Myers, Daniel B.
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