Legal Guidance For Real Estate Lenders

If you are responsible for mortgage lending transactions at your credit union or bank, the real estate lawyers at Mitchell Pollack & Associates PLLC will provide the legal support necessary to protect your position in any loan secured by real property. We handle mortgage loans, refinancing and complex sales of business assets that include real estate.

Our attorneys can not only represent your financial institution at a closing, but we can work with you at every step of a transaction to make sure your position is documented and protected. We will advise you on how to protect your interests or advise you on the form the loan needs to take. In addressing this question, we consider such factors as:

  • Chain of title
  • Description of the property
  • Fixtures
  • Authorization of the borrower to convey a mortgage interest
  • Priority problems with previous lenders, lien holders and tax authorities
  • Environmental risk due to brownfield issues, asbestos, underground fuel tanks or other contaminants
  • Regulatory risk concerning zoning, nonconforming uses, building code violations, or other state or local regulations

Put Our Experience To Work For You

In complex commercial loans secured by both real estate, personal property, and accounts receivable, we can distinguish between the formal requirements of perfecting your collateral interest in either, and help avoid mistakes of mischaracterization of the collateral as one or the other. Where appropriate, we can also provide appropriate documentation for personal guaranties, stock pledges, lease assignments, subordination agreements and satisfaction of judgments or liens to keep your lender's risk at an absolute minimum.

The acid test of commercial real estate lending documentation comes when the borrower defaults or files for bankruptcy. Our ability to articulate and draft the agreements necessary to protect your collateral position and deficiency rights will stand up both in foreclosure proceedings and in bankruptcy court.

Contact Our Firm Today

Especially for smaller financial institutions, it's easy to make a mistake in documenting your mortgage rights in any real estate lending transaction. To learn more about how we can help improve the performance and enforceability of your mortgage lending portfolio, call 866-400-7388 or use our online contact form to schedule a meeting with a real estate or banking attorney at Mitchell Pollack & Associates in Tarrytown, New York, or Mahwah, New Jersey.