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Banking & Finance

Are your loans documented correctly?  Are your loan closings being handled properly and professionally, so that the borrower and you are pleased with the loan closing experience?  If your loan is made through the U.S. Small Business Administration (“SBA”) 7(a) loan program, has it been handled and closed so that the SBA guaranty for the loan is NOT at risk for a repair or a denial by the SBA in the event of a default.    If the answer to each of these questions is not “Yes”, then it is time for you to engage the proper legal counsel to handle your loan closings.   

For example, with the current surge in SBA lending, the increased size and complexity of the loans and the borrowers, and the recent changes in the SOP, having the right legal counsel to handle your closings is even more critical.    And, with the assistance of the correct closing counsel, the Bank and Borrower obtain the best results and the best experience.

The Firm is legal counsel to several national and community banks and other lenders, representing its clients on asset-based loans, real estate financing, construction lending, and line of credit facilities.   As counsel for its lender clients, the Firm provides its services in the following areas:

  • Structuring and negotiating the transaction, including review of the loan terms and preparation of the loan commitment letter.
  • Performing due diligence investigations and reviewing and evaluating corresponding documents and materials.
  • Drafting and review of loan documents.
  • Creating and perfecting security interests in all types of collateral.
  • Providing legal opinions and evaluating applicable laws, regulations, codes and ordinances concerning environmental, land use, zoning and related issues.
  • Conducting public records searches and handling title insurance for lenders.
  • Closing the loan and handling post-Closing matters.
  • Compliance with applicable state or federal lending programs.

SBA Loans and Other Government Guaranteed Lending

For over 16 years, the attorneys and staff of FLG have developed extensive experience processing and closing financing under several Government Guaranteed lending programs including:

  • SBA 7(a) loan program
  • SBA 504 loan program
  • U.S. Department of Agriculture (USDA) loan program
  • Florida Recycling loan program
  • Florida Export Finance Corporation loan program
  • Florida New Markets Tax Credit Program

The Firm represents many national and community lenders with their efforts in these government guaranteed loan programs and has closed numerous SBA loans throughout the State of Florida.  On the Firm’s staff are attorneys that are Certified and Expedited SBA Closing Counsel, important SBA designations that are earned only after receiving extensive training in SBA loan closings and successfully closing a very high volume of SBA loans.  On government guaranteed loan transactions, we assist our lender clients with due diligence matters, loan structure concerns, program compliance subjects (lender, loan and borrower-related), loan documentation, closing, and post-closing processes.  The Firm’s expertise with SBA and other government guaranteed lending enables it to provide the lender and borrower with an excellent loan closing experience.

The Firm is actively involved in the National Association of Government Guaranteed Lenders (NAGGL) and the National Association of Development Companies (NADCO), the respective SBA 7(a) and SBA 504 lending industry Associations.  To keep current on SBA-related issues, Mr. Fogel regularly attends meetings for each of these Associations and serves on NAGGL and NADCO committees.  This enables the Firm to best serve its clients and provide them with the latest information on changes in SBA lending regulations and policies.  In addition, the Firm has developed close working relationships with local, statewide and national SBA Legal Counsel and staff which has proven invaluable to the Firm and its clients on many occasions.

Fully commited to SBA lending programs, Mr. Fogel is frequently a guest speaker on panels and webinars on SBA and other government guaranteed lending topics.  Also, the Firm annually produces and hosts the South Florida Small Business Lending Forum in Boca Raton, Florida.   Sold out each year, the Forum provides valuable training in SBA 7(a) and 504 loan underwriting, processing and closing, as well as networking opportunities, for over 100 attendees.

Foreclosures, Modifications, Short Sales, Workouts, and Deed in Lieu of Foreclosure

The Firm also represents its clients in legal matters involving non-performing loans and other types of financing defaults.  Examples include:

  • foreclosures
  • modifications
  • short sales
  • workouts
  • deed in lieu of foreclosure

Due to the complex nature of the underlying loan, the parties’ relationships, and the exigent circumstances involved in each of these matters, it is critical that the issues be addressed and handled properly the first time to achieve the desired result. 

FLG’s extensive experience as lending and transactional counsel, and vast knowledge of SBA lending practices, laws and SOP regulations, enables the Firm to provide unique and essential counsel and guidance to our clients.

We are available to assist you with your financing transactions and are certain that you will find our experience and expertise in banking and loan transactions of great value.

Contact the Fogel Law Group today for a review of your banking and financing legal needs.