Banking and Lending

For Small Business Clients.  Smyth McIntosh has significant experience in negotiating with banks and obtaining financing for small business. As general counsel for a manufacturing business we have negotiated large commercial loans, and as a developer of commercial real estate have dealt with construction financing as well as renegotiations for take-out financing. Our work on behalf of small business clients has involved an array of small business lending opportunities for owner-operated businesses:

• Small Business Administration (SBA) loans
• Negotiating with lenders on financing commitments and loan workouts
• Preparing loan packages, pro formas and business plans
• Advising businesses on financing options for their needs

For Commercial Lender Clients. Smyth McIntosh has helped local community banks to assess the quality of real estate loans and to deal with challenging real estate loan workouts, foreclosures and receiverships. Specifically, we can assist a local bank by:

• Assessing land-use entitlements that may impact appraisal values on subject collateral for real estate loans that are in trouble or approaching a higher risk category. Information gathered can significantly affect appraisals of collateral that will impact loan-to-value.
• Helping to preserve the bank’s rights and reduce exposure to liabilities during pre-work negotiations. It is imperative, during pre-work negotiations with borrowers, that the bank limit its exposure to liabilities from entering into these discussions. It's also important to work on a parallel track when initiating a "friendly foreclosure" process, so the 120-day time frame can start to run if workout negotiations fall through.
• Acting as an appointed receiver in situations where the bank needs to control the collection of rents during a workout or foreclosure process. Smyth McIntosh is experienced in complex receivership properties and litigation surrounding such situations, including Chapter 11 bankruptcy filings.
• Serving as local general counsel to assist the bank in situations involving multiple lawyers and a fixed budget/work scope. We have developed a strict not-to-exceed legal budget and a process to review legal bills as measured against the established budget. We have assisted local banks in managing multiple attorneys with differing specialties, and holding attorneys accountable to the legal budget and scope of work, to obtain the most cost-effective results for the bank client.