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Commercial Lending
rise to every lending challenge
making banks look good to borrowers
Lerch Early lending lawyers help national, regional, and community banks, credit unions, and SBA lenders in the Washington, DC area and elsewhere close loans on terms that leave both banks and borrowers happy with their transactions.
We serve as knowledgeable lending counsel, negotiating and documenting more than a billion dollars of asset-based, commercial real estate, floor plan financing, and SBA loans, as well as offering assistance in loan workouts each year. We work with lenders of all types, from loan administrators to senior loan officers, proactively issue spotting to make sure the bank is protected while the loans close on time.
Banks particularly value our advice on complex transactions, one noting that he turns to members of the Lerch Early team, “[w]henever I have a difficult, or large dollar deal where I want the confidence of a good counsel supporting me.” We frequently help lenders identify ways to improve their processes, saving time and money while reducing the bank’s risk.
Our attorneys are upfront about budgets, and are nimble when a lender confronts a tight timeline. We often act as local counsel, either for a bank financing a Maryland property, or for a bank or borrower where a Maryland legal opinion is required.
As one banker said, “As a lender, whomever we choose to close our loans ultimately is an extension of our reputation and represents what we stand for.” Lerch Early makes banks look good to their borrowers.
Michael D. Smith
Chair
- Assisted a bank with a loan for the acquisition of 29 retail locations in five different states throughout the Mid-Atlantic and the Midwest.
- Represented client in refinancing more than a half billion dollars secured by business and real estate holdings involving more than 70 entities and nearly 300 properties located in five states/municipalities as part of a loan syndication from a consortium of lenders.
- Refinanced more than $20 million in loans for client’s real estate ventures in Maryland.
- Negotiated and closed $120+ million floor plan financing to automotive group in DC metro area.
- Negotiated and closed $14+ million construction loan to local company.
- Represented a national bank in closing a loan to a government contractor with offices in the Maryland suburbs.
- Helped SBA lenders assist their borrowers in closing SBA-guaranteed loans for mom-and-pop businesses needing $100K to $5 million loans for more sophisticated transactions.
- Closed thousands of SBA loans.
- Helped multiple banks issue asset-based lines of credit under the CAPline program and international trade loan programs.
- Helped a lender close a 504 loan for the purchase, construction, and development of a franchise day care center.
- Represented a national bank in closing a series of SBA 504 loans to a Virginia-based retailer of gardening and light construction vehicles.
- Represented a Midwest regional bank in defending the SBA challenge to the SBA guaranty of a large loan where the SBA had proposed denial of the guaranty. The SBA had taken issue with how the bank had underwritten and closed the loan; with our assistance, the bank was able to demonstrate that it had complied with the SBA’s requirements. The SBA ultimately honored the guaranty.
- Represented a regional bank in closing a participated loan transaction with a property owner to refinance a regional shopping center located in suburban Baltimore.
- Represented a community bank in a real estate and construction loan to a Maryland business, including reviewing the credit approval memorandum, negotiating the commitment letter, lease subordination and intercreditor agreements, loan documents, SNDAs and tenant estoppels, reviewing underwriting submittals, promissory note and organizational amendments, and following up on post-closing items.
SBA Interim Loan
Challenge
Our bank client needed to quickly close on an acquisition loan arising out of a bankruptcy sale, but SBA approval for the loan did not reach the bank before the deadline for the sale.
Strategy
Lerch Early assisted in structuring and documenting an interim loan in a couple of days to ensure the borrower did not lose its opportunity to purchase the property. Once the SBA approval was received and conditions for the SBA funding were met, we documented the SBA loan to take out the interim bank financing.
Result
The client was able to provide its borrower with the opportunities arising out of the bankruptcy sale while protecting its own interest.