Commercial Finance

Rudman Winchell is proud to represent a variety of traditional lenders, including banks, credit unions, economic development agencies , and other entities, as well as developers and other borrowers, in the financing of real property, businesses, and other assets. Our finance capabilities include the initial structuring and closing of finance transactions, loan administration, workouts, and loan restructures.

We have been involved in the financing of residential, industrial, commercial, agricultural, retail, resort and hospitality projects including, shopping centers, office buildings, timberlands, hotels, apartment buildings, industrial properties, condominiums, planned unit developments, vacation ownership and mixed-use projects. We also assist clients with asset-based financing involving collateral such as stock, accounts receivable, inventory, equipment, crops, general intangibles, and entity ownership interests. Many financing transactions involve both real and personal property.

We efficiently handle both standard and exceedingly complex financing transactions, including acquisition, development, construction, bridge and permanent loan transactions, revolving lines of credit, interest rate swaps, loans secured by ground leases, loans secured by timber, crops and other farm products, and the issuance of letters of credit. We serve as local counsel for multistate/ /multiparcel cross-collateral transactions. When multiple lenders are involved in a financing transaction, we draft and negotiate a variety of intercreditor or participation agreements. We are knowledgeable concerning the special considerations applicable to loans secured by a combination of real and personal property, as well as the unique issues that arise under revised Article 9 of the Uniform Commercial Code. Our attorneys have extensive experience in dealing with issues related to real and personal property collateral that are fundamental to a lender’s underwriting or a developer’s ability to qualify for a loan. This often involves the review of title matters and the negotiation of the form of title insurance policy; review of casualty, liability, and other insurance policies; and conducting land use and environmental due diligence.

As the economy and markets fluctuate, a loan that looked good when made can suddenly become a problem. We have considerable experience in representing borrowers and lenders in developing and implementing workout programs that address the interests of all parties to a transaction. Workout arrangements can involve many variables, including maturity extensions, interest accruals, bifurcation of the loan into a performing and nonperforming pieces, additional capital requirements, and a myriad of other features. We are experienced in drafting and negotiating the workout documentation and title insurance coverage to close workout transactions.

We utilize an interdisciplinary approach that is efficient and client-friendly.The depth and breadth of our real estate capabilities enable us to draw on the special expertise of other Firm attorneys in areas such as litigation, bankruptcy, land use and zoning, environmental matters, insurance coverage, common interest subdivisions, and construction law to deliver comprehensive legal services to our clients.