A comprehensive review of the default under the relevant loan documents, an investigation into the status of the project and/or property, and the collectability of the borrowers and guarantors (if any). The issues are identified, and a course of action is recommended, which we believe will result in the most favorable result for the bank. Here are a couple illustrations of such matters:

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An analysis of real property collateral in light of current market conditions. We determine the value of the property after review of Broker Price Opinions, appraisals, and/or feasibility studies. We engage local market experts to generate an understanding of market conditions for specific areas. This information is used to determine potential deficiency, fair market valuation, and bid strategies. Here are a couple illustrations of such matters:

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The review of any alleged claims against the bank, as well as the review and analysis of contemplated actions proposed by the bank that may increase the risk of a lender liability claim. Here are a few illustrations of such matters:

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The negotiation and documentation of loan modifications relative to land, construction, and commercial loans. Typically, we negotiate loan modifications using a three phase strategy that mitigates risk for the bank and moves the process forward in a systematic method. Here are a couple illustrations of such matters:

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The review of loan documents for determination of potential loss to bank due to proposed sale; and potential for deficiency judgment; followed by recommendation as to whether or not to approve sale based on findings. Should sale proceed, we prepare short sale approval letter or agreement to be submitted to escrow. Here are a couple illustrations of such matters:

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The negotiation, documentation, and closing of an escrow for the sale of real estate loans and loan documents. We work on and manage the transaction on behalf of the bank, ensure due diligence requirements are met, and coordinate with any third party neutrals, such as title and escrow, as well as purchaser. Here are a couple illustrations of such matters:

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The institution and management of non-judicial foreclosure actions. We ensure compliance with SB 7 and SB 1137, and work with Foreclosure Trustees throughout the process to ensure the bank provides and receives all recorded notices in a prompt matter, and retains control over the sale dates and bidding strategy. Here are a few illustrations of such matters:

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Filing of a complaint for judicial foreclosure, breach of promissory note, and appointment of receiver (when appropriate). Should there be a guarantor, we also add a cause of action for breach of guaranty, and pursue a pre-judgment writ of attachment, if feasible. Usually this type of litigation is pursued along with a non-judicial foreclosure. Here are a couple illustrations of such matters:

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The filing of a breach of guaranty lawsuit. We file these lawsuits at the outset of a judicial foreclosure lawsuit when there is a loan guarantor, as well as after a non-judicial foreclosure when a deficiency judgment cannot be obtained against the primary obligor. If feasible, we obtain a pre-judgment writ of attachment and quickly move toward a motion for summary judgment. Here are a couple illustrations of such matters:

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The review of the project status and/or property, including a site visit and comprehensive review of a recent preliminary title report and the mechanics lien documents. We determine the validity of liens, and determine whether the bank holds a first priority lien. If it is determined that bank may hold a junior lien, we perform all due diligence related to claim in order to defend bank against its “interest” being “wiped out.” Here are a couple illustrations of such matters

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The defense of claims against a bank in a cost-effective manner, including the use of dispute resolution proceedings, such as mediation and arbitration. Here are a couple illustrations of such matters:

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The review of troubled SBA loans to determine the best course of action to preserve the SBA guaranty, recommendation of a course of action, and execution of an acceptable workout or litigation plan that has been approved for the SBA. Usually, we initially perform default and market analysis to assist with the development of a workout strategy. Here are a couple illustrations of such matters:

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The analysis related to a loan or loans that are in excess of a bank’s lending limits to a single borrower or related borrowers. Here is an illustration of such matter:

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The analysis of a borrower Chapter 11 petition and schedule, participation in the proceedings, obtaining relief from the automatic stay when possible, and negotiating the deal points of a reorganization plan to benefit the bank.. We will file a notice of perfection and attempt to obtain use of cash collateral. Here are a couple illustrations of such matters:

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The monitoring of borrower Chapter 7 proceedings, and typically involves the filing of a motion for stay relief immediately, so as to remove the bank’s collateral from the bankruptcy estate undergoing liquidation. Here are a couple illustrations of such matters:

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Assisting the bank with marketing the property and negotiating the purchase and sale transaction, from the letter of intent stage through the close of escrow. We provide that all properties are sold “AS IS” with releases, to protect the bank from future liability associated with the Property. Here are a couple illustrations of such matters:

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The development of a strategy relative to out-of-state borrowers, guarantors, and real property or other asset, and subsequent supervision of local counsel to ensure proper execution of the bank’s approved strategy, as well as compliance with the bank’s procedure and reporting requirements. Our involvement allows for bank’s personnel to effectively manage all outside counsel by having one point of contact knowledgeable about all matters. Here are a few illustrations of such matters:

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