Lender Representation

The Law Office of Cheryl Gabes Rice, LLC provides transactional and litigation advice and representation to institutional banks, finance companies and asset-based lenders in all aspects of the lending process.

Commercial Lending:

Our Firm represents banks and other lenders in sophisticated secured and unsecured financing transactions. We are well-versed in negotiating, structuring and documenting a variety of secured, unsecured, asset-based and commercial loans. We have substantial experience documenting loans secured by traditional, as well as non-traditional, collateral forms. Whatever the size or scope of the transaction, we work closely with our lender clients to prepare the appropriate loan documents that provide the lender with all of the necessary protections in the event of default, collection or litigation.

Loan Restructurings and Workouts:

In addition to documenting credit facilities, we are frequently consulted by lender clients for advice and guidance in connection with loan defaults by commercial borrowers and guarantors. Our goal is always to maximize the lender’s recovery, either through restructuring the credit or working to encourage borrowers to refinance the obligation as soon as practical. We work closely with lenders to review the loan documents, establish objectives and devise an appropriate workout plan the takes into account the nuances of the particular deal. We have substantial experience drafting collateral turnover agreements, forbearance agreements, deeds in lieu of foreclosure and other agreements that facilitate loan repayment through collateral liquidation or transition of the credit to another lender.

Loan-Related Litigation:

Our Firm also represents secured and unsecured lenders in dealing with troubled borrowers and credit defaults. We assist lenders in workouts, debt restructuring and pursuing creditor remedies in state and federal court. We have considerable experience handling lawsuits to enforce notes, guarantees, security agreements and mortgages, which suits often include foreclosure, replevin, attachment and appointment of receivers. In those instances where claims of fraud and other lender liability-type defenses are asserted, we vigorously defend the lender's position. We also provide lender representation in connection with collateral liquidations and Article 9 sales of personal property.