Commercial Lending and Loan Workouts

Preparing and negotiating for lenders

Commercial real estate lending representation

Our representation of lenders has evolved with the changing financial markets over the last 30 years. This experience provides a solid basis for preparing and negotiating commercial loan documents in connection with the general representation of banks and other institutional lenders.

We represent national banks and lending institutions as well as lenders in specific industries, such as church lenders. When we serve as borrower’s counsel obtaining commercial financing, we help negotiate loan terms and documents to make them more reasonable and fair to both parties

Commercial Lending

Cradle to grave lending experience

On the front end, we represent lenders or borrowers through the initial loan process, meaning commitment letters, loan documentation, negotiation of terms, and loan closings. We are experienced representing lenders as well as developers and businesses that obtain financing needed for real estate projects.

On the back end, during difficult economic recessionary circumstances that disrupt commercial loans, we handle loan workouts and other difficult situations. When a commercial loan goes into default, should a lender pursue a workout with a commercial borrower, or call the loan and accelerate the debt? Can the parties work out a standstill agreement to allow the borrower time to bring its default current? We also represent buyers of distressed loans and properties, advising clients over a variety of product types ranging from land to multifamily to hotel. Our overall approach to workouts is “business oriented” because our goal is to helps the parties understand the relevant legal issues and tailor the legal response to conform to the client’s common-sense business considerations.

How we work

Getting started with us

Our streamlined onboarding process will ensure that your needs are met and that all the necessary information is available for our team to file your petition and get your case moving.

Step 1

Preliminary Consultation

We'll discuss your goals, objectives and identify any potential road blocks

Step 2

Identification of Scope of Work

We will identify the scope of your project so that we can plan on how to approach and resolve it

Step 3

Setting Expectations

We believe it is important to set expectations and estimate a timeline for your project


Frequently Asked Questions

These are the most common questions we receive about commercial lending and loan workouts. If you have any other questions, feel free to contact us using the form below or by emailing us at

What is commercial lending as opposed to residential lending?

Commercial lending is the process of providing loans to businesses for the purpose of financing the acquisition and construction of commercial projects secured by real estate. Residential lending is the process of making loans to individual for the purpose of buying homes. We do not handle residential lending except to represent existing clients who engage us to represent them in residential loans.

What is a Deed to Secure Debt a/k/a a Security Deed?
Georgia is the only state in the country that utilizes this form of instrument to secure a lender’s interest in the underlying real estate. Lenders in all other states secure their loans by way of mortgages and deeds of trust. There are critical differences among the three so understand the difference in Georgia.
What types of loans are available for commercial lending?
Common types of loans for commercial lending include acquisition loans, construction loans, modification loans and refinance loans.
What is a loan workout?
A loan workout is a negotiation between a borrower and a lender to modify the terms of a loan that is in some form of default to make it more manageable for the borrower and the lender.
What are some reasons why a loan workout may be necessary?
A loan workout may be necessary due to financial difficulties faced by the borrower, such as a decrease in revenue, unexpected expenses, or a downturn in the economy.
What are some options for loan workouts?
Options for loan workouts may include a temporary or permanent reduction in interest rates, extension of the loan term, or a change in payment structure.
What is the role of a commercial real estate attorney in a loan workout?
A commercial real estate attorney can assist with negotiating and drafting loan workout agreements, providing legal guidance on the borrower's rights and obligations, and representing the borrower in any legal disputes with the lender.
What is a forbearance agreement?
A forbearance agreement is a temporary agreement between a lender and borrower where the lender agrees to delay foreclosure or other legal action in exchange for the borrower making payments on the loan.
How can a commercial real estate attorney help with commercial lending?
A commercial real estate attorney can assist with drafting and reviewing loan agreements, advising on compliance with lender requirements, and representing lenders or borrowers in disputes related to commercial lending.

Types of commercial real estate lending we can assist you with

We can represent you in a variety of manners including in the following categories:

  • Acquisition
  • Development
  • Construction
  • Permanent financing
  • Local counsel for out-of-state lenders
  • Local counsel for out-of-state property owners and developers