Krieg DeVault provides legal representation in all aspects of commercial and real estate finance to lenders, both institutional and private, and borrowers.  Our Practice Group is a valuable resource for any transaction in which financing is involved.  We offer our lending clients experienced and sophisticated legal services coupled with a knowledge of people, products and practices in the industry.  Having represented both lenders and borrowers, the firm is sensitive to the key issues that might otherwise derail a financing transaction.

To meet our clients’ needs in this area, the Practice Group’s services include:

• Documentation and negotiation of all types of real estate secured financings, including acquisition, construction, land development and permanent mortgage loans;
• Documentation and negotiation of all types of commercial and asset-based financings;
• Structuring transactions to provide the most beneficial ownership entity and method of financing;
• Representation of traditional mortgage lenders, including national, regional and local banking institutions, as well as specialized lenders such as mortgage companies, life insurance companies and private equity lenders;
• Assistance in all aspects of lender due diligence, including issues relating to title insurance, zoning, development, environmental conditions, state and local recordation and transfer taxes and “doing business” opinions for out-of-state lenders;
• Representation of creditors in workouts and restructurings, including the documentation and negotiation of loan restructurings, forbearance and deed-in-lieu of foreclosure  arrangements and all related agreements; and
• Advising clients on current methods and alternatives in real estate financing and assisting in the structuring and documentation of real estate mortgages and other financing transactions, such as sale-and-leasebacks. 

While much of the Practice Group’s lending activities involve real property security, our attorneys are equally adept with respect to loans based on other types of security.  The nature of commercial loans in which the firm has been involved extends to the full scope of commercial credits, including lines of credit, asset-based loans and leveraged buy-outs.  We regularly represent clients in lender liability issues and avoidance, multi-creditor loans (participations, syndications and intercreditor arrangements), form loan documentation review for legal compliance, non-real estate asset-based loans, unsecured loans, and subordinated and mezzanine debt financing.  The firm has also represented lenders in connection with the issuance of letters of credit and other credit enhancement devices, and has broad experience in leveraged employee stock ownership plan transactions and associated loans.

Krieg DeVault’s extensive experience in the commercial and real estate lending areas has made us a valuable member of the legal team for mortgage bankers, life insurance companies, commercial banks, savings banks and credit unions. Key to our performance is our ability to handle all types of loan transactions and lending relationships - from the most straightforward to the extremely complex.

At Krieg DeVault, we understand the importance of a prompt, efficient and high quality closing program for our lending clients, and have both the capacity and operational flexibility to ensure client satisfaction in this regard.  Through years of working with our numerous lender and borrower clients, Krieg DeVault has developed a spectrum of sophisticated and transaction-specific loan and security documents to address a wide range of credit transactions and collateral issues that ensure protection of both lenders’ and borrowers’ interests and the cost-effective rendering of legal services.