Lender Liability

Lawrence Schnapf has been assisting banks with environmental issues since the mid-1980s when he worked as in-house at a major asset-based lender. We have a particular understanding of the issues and concerns of lenders when it comes to environmental issues. We have extensive experience with the following types of financing transactions:

  • asset-based lending,
  • Loan portfolio acquisition financings
  • commercial mortgage-backed securities (CMBS),
  • syndicated, “club” and participation loans,
  • equity and mezzanine financings,
  • subordinated and intercreditor financings
  • interim financings
  • construction loans
  • ground lease financings
  • private placements of secured debt 
  • distressed debt and equity refinancings
  • loan workouts, restructurings and foreclosures.

We have developed pre-loan due diligence, and post-closing environmental risk management programs that are tailored to the kinds of properties and businesses that typically form a loan or a real estate portfolio. These programs help lenders and investors screen those properties with the greatest likelihood of environmental  risk.  lender-liability-300x225 Lender LiabilityThey also help monitor a borrower’s environmental compliance to limit the possibility that a borrower may encounter environmental problems which, in turn, could affect its ability to repay the loan. At the same time, these procedures can minimize the possibility that the lender will be itself exposed to environmental liability.

For loan originations, we offer a number of flexible billing arrangements to meet the needs of particular lenders. Our environmental due diligence programs include a flat rate billing arrangement where we prepare a one page memo, volume discount pricing and a cost-effective retainer program known as “Schnapf-On-Demand” where we can provide a full range of environmental law counseling ranging from pre-commitment initial reviews of potential transactions, post-closing communications with potential loan purchasers and investors as well as pre-foreclosure strategic counseling.

We also have significant experience advising lenders during loan foreclosures to minimize potential liability. We also have considerable experience using state brownfield programs and associated financial incentives to help facilitate loan transactions.

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