Financial Services

Our Financial Services attorneys assist lenders in the selection and documentation of a broad range of commercial loan structures, and enforcing the lender’s rights under the terms of the loan documents, state law and bankruptcy law. We represent a diverse group of lenders, including large national banks, community banks and credit unions, and non-bank institutional and private lenders. 

As a service business, we understand that our clients have worked hard in a highly competitive environment to nurture their customer relationships, and we approach our work in a way that serves the lender’s interest, but mindful of the objective of preserving those relationships.  Our clients find that we take a practical approach focused on responsiveness, cost effectiveness, and providing solution-oriented advice.

Front End Lending

Loan Structures.  We regularly assist our clients in a range of financing tools, including term loans, revolving lines, real estate secured financing, construction loans, asset-based loans, senior/subordinate/mezzanine loans, municipal loans, tax-exempt loans, and affordable housing transactions involving tax credit investors.

Unique Collateral.  Our clients often come to us for solutions on how to perfect security interests in unique collateral.  From real estate to membership interests in limited liability companies to crops, we have worked with it all.  We have experience perfecting security interests in collateral owned through non-standard structures, including trusts, co-ops, and tenants-in-common, and understand the peculiarities required to properly authorize the pledge of the collateral.

Tax-Exempt, Municipal, and Affordable Housing.  We have significant experience representing lenders on municipal bond financings, Low Income Housing Tax Credit (LIHTC) deals, private activity bonds, and other tax-exempt transactions, including through the Washington Housing Finance Commission’s STEP program, Washington Health Care Facilities Authority’s Quick Loan program, and the Oregon Facilities Authority’s SNAP program.

Enforcing Loan Documents

Not all loans perform with perfection.  It’s called “the business cycle” for a reason, after all.  When the seas get rough, we can help you choose a path. Click here to download a printable version of our Loan Default Decision Tree.

Nonjudicial Remedies.  Many disputes and defaults can best be resolved without litigation and we know how to effectively implement lenders’ remedies short of litigation.  We routinely assist in work outs and forbearance agreements with an eye toward returning the loan to a performing status or in a structured collaboration with the borrower to optimize the value of collateral in liquidation.  When this path does not lead to a satisfactory outcome, we are able to quickly begin repossession or foreclosure proceedings.

Judicial Remedies.  Whether the choices are to sue on a Note and Guaranty, seek judicial foreclosure or have a receiver appointed to preserve and liquidate assets, we have deep experience in the relevant law and are at home in the courtroom.  We are able to advise on the benefits and potential pitfalls of a particular course of action and bring to bear decades of experience with receiverships, state courts proceedings, and the bankruptcy courts.

Maximizing Recovery.  When enforcement proceedings begin, our lender clients want to minimize the risk of  loss.  We take a practical, cost-effective approach focused on what will provide the best net benefit at the end of the day.  We also understand that collateral may quickly lose its value or disappear once enforcement proceedings begin.  We know the meaning of "Now!" and you can count on us to move as quickly as possible, while staying responsive to your questions along the way.