Depth of Experience, Perspective
Foley & Mansfield knows banks, representing both community and national banks – including some of the largest banks in the U.S. This experience makes us well prepared to offer representation in a wide range of transactional and litigation matters. In addition to banks, our clients include other financial institutions, including credit unions, asset-based lenders and leasing companies.
Our attorneys bring a depth of experience and perspective – from both ends of the transaction – to our clients and their credit transactions. Our legal, financial analysis and business management skills translate to exceptional service in:
- Asset-based and commercial loan transactions
- Real estate loan transactions
- Loan restructuring and workouts
- Loan enforcement, foreclosure and collection activities
- Truth in Lending & FDCPA
Commercial Loan Transactions
We advise and assist banking clients in the preparation, negotiation and documentation of commercial loan agreements throughout all stages of the process, from due diligence to the structure of specific terms and covenants. Our transactional services encompass:
- Loan documentation preparation and review
- Collateral securitization
- Due diligence and analysis
Because of our strict business focus, we understand how a borrower’s existing debt, collateral and cash flow can impact the life of a loan. We leverage this knowledge to help our banking clients maximize the security and profitability of each loan – ensuring that all loan activity is appropriate to the business of the borrower and to the industry in which that business operates. We understand how to overcome roadblocks to reach your goal of getting the deal done.
Real Estate Loan Transactions
Our lender's attorneys handle a wide variety of complex real estate loan transactions, purchases, sales and enforcement matters – and provide guidance related to real estate leasing transactions. These services include:
- Real estate financing
- Construction and land development loans
- Loan servicing and due diligence
Collections & Litigation
An explosion of bad debt and the inherent intricacies of commercial transactions require thorough and decisive legal counsel. Our commercial collection and related litigation services include:
- Mortgage and statutory receivership management
- UCC and real property foreclosures
- Asset searches and seizures
- Repossession and/or replevin of collateral
- Prejudgment attachment
- Foreclosure and collection of secured or unsecured property
While our collection practices are always appropriate, we set an aggressive course of action designed to deliver results. When a debtor is unresponsive, we are able to initiate litigation immediately. We are well-versed in resolving complex disputes through both negotiation and litigation at the state, federal and appellate courts.
Preserving Value in Receivership
Sound financial management and critical decision-making skills are the hallmarks of exceptional receivers. Our approach to complex liquidation problems manages risk, protects the integrity of business collateral and maximizes the value of the business or assets involved. In addition to serving in a receivership capacity, our lawyers are also prepared to serve as legal counsel to other court or bank-appointed receivers.
Strength in Numbers
Foley & Mansfield attorneys are licensed in multiple states, and have close working relationships with their colleagues across the country, ensuring that all matters can be handled efficiently and cost-effectively – regardless of the jurisdiction. We offer effective management of banking matters that span multiple jurisdictions.
Holmes Wins Sixth Circuit Appeal on Civil Rights Claims
This case involved the Plaintiffs’ attempt to have a federal court grant them relief from a state court’s judgment against them. Ultimately, the case was dismissed on a number of grounds, including that Plaintiffs’ lawsuit violated well-established legal principles prohibiting “state court losers” from appealing to the federal courts, and that Plaintiffs were attempting to assert claims which are not recognized in the Sixth Circuit.