26000 West Twelve Mile, Southfield, MI 48034

Lenders & Borrowers

Our practice does not discriminate between borrowers and lenders. We represent parties on both sides of loan transactions—sometimes at the same time. Loans require trust and fairness from both lender and borrower. We take pride in making sure both parties are fairly represented, fully informed, and given the best possible start as they enter the debtor-creditor relationship. 

Loan structuring and securitization

Our attorneys offer a broad range of services to our lender and borrower clients, including negotiating and preparing loan documents, developing financing strategies, and structuring collateral to maximize the benefit of a commercial loan transaction. 

Our attorneys have in-depth experience with virtually every form of financing and type of collateral, including real property, equipment, accounts, licenses, securities, corporate interests, and intangible assets. This breadth of experience, along with our familiarity in business and real estate transactions, lawsuits, and bankruptcies, gives us unparalleled flexibility in representing clients, as well as deep confidence in protecting our clients’ interests. 

From a simple personal promissory note, to a sophisticated financing scheme with multiple debt levels, triggering conditions, and types of collateral, we can create a loan structure that satisfies our client’s wants—and, equally important, meets their needs.

Seller financing

Loan agreements become even more complicated when the parties are also buyer and seller. A seller-lender can more easily monitor and, if necessary, retake control of a business or real estate asset, but may be reluctant to get back into business. A buyer-borrower may find that obtaining financing directly from the seller is easier than obtaining outside financing, but may later realize that they have agreed to more onerous terms than a third-party lender would impose. Especially when one or both parties are legally unsophisticated, simplifying and clarifying the loan structure is paramount. 

Our experience in real estate and business transactions gives us deep insight into our clients’ concerns and priorities as buyers and sellers, overlaid with their concerns and priorities as lenders and borrowers. We are also thoroughly familiar with the different kinds of seller financing, based on the sale transaction, including sales of businesses (especially businesses with liquor and cannabis licensure), real estate, and corporate interests. As in all loan transactions, our goal is to protect our client in the event of default, while listening to and educating all parties for the best possible outcome.

Financial and collateral analysis

Loan agreements rest on conclusions (sometimes assumptions) about the borrower’s creditworthiness and the collateral’s value. Accurately assessing these two factors can mean the difference between salvaging a distressed loan situation, or taking a significant financial hit. 

Our experience makes us uniquely suited to counsel lenders in these matters. We ourselves own and operate income-producing properties and businesses, and can discuss all the ins and outs of corporate financial statements and tax returns. Our experience in handling bankruptcy and title matters gives us an additional edge in determining the financial condition of borrowers and their collateral. Our counsel leads to fully secured, fully secure lenders.

Default and enforcement

When a borrower defaults, the automatic response – to file suit and take the matter to court – is often a recipe for more conflict and fewer solutions. Clients who prefer to avoid the endless headache and fees involved in litigation appreciate our more holistic approach to resolving loan default and enforcing lender rights. Whether granting forbearance with additional collateral, negotiating a reverse or third-party buyout, or taking action to forfeit or foreclose, we can work with you to create a solution that truly solves and satisfies.