Loan Document Preparation
Your business faces unique issues. You have probably been frustrated when working with law firms who do not appear to understand your business. They may be confused by the fact that you make business purpose loans secured by residential property and think that these are consumer loans. They may treat your transaction like a large commercial real estate loan when the transaction is much less formal and sophisticated. Our lending compliance attorneys are here to provide you the support you need to have peace of mind.
Practice Areas:
Overview
Loan Document Preparation
Our team of expert attorneys starts by providing best-in-class compliance and structuring advice so that you can determine the right document structure in the first place. Then, we prepare custom document packages expertly designed to protect your interests.
After the preparation of documents, our team will shepherd your transaction through the loan closing process including the review of executed documents, settlement items, insurance, proformas, and any other requirements relevant to your loan closing.
You are empowered to pick and choose which services make sense for your loan. We provide custom flat fee pricing solutions specifically tailored to your needs on a deal-by-deal basis.
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Clients Served
Proudly serving more than 5,000 clients nationwide, from emerging lenders to industry leaders.
Loan Products
For our loan documentation services in all 50 states, common loan products include:
- Construction (Ground Up or Cosmetic)
- Cannabis lending
- Lines of Credit (Revolving and Fixed)
- SBA/USDA Loans
- Loan File Audits to Review for Regulatory Compliance
- Rental
- Commercial (Office, Industrial, Warehouse, NNN, Shopping Center, Retail, Special Use, Hospitality, Self-Storage, Mixed-Use)
- Residential
- Multifamily
- Land (Raw and Entitled)
- Leasehold interests
- UCC Loans
- Unsecured Loans
- Warehouse Lines of Credit
- Shared Appreciation Loans
- Seller Carryback Financing
Ancillary Loan Documents
Additionally, we advise and prepare the following ancillary loan documents when advised for your loan transaction
- Intercreditor Agreements
- Subordination Agreements
- Estoppels
- Lockboxes
- Cash Management Agreements
- CLO Nonconforming Tapes
- Deposit Account Control Agreements
- Side Letters
- Membership Pledges
- Collateral Security Agreements
- Assignments of Permits, Plans & Professionals
- Indemnity Agreements
- SPE/SPV Restrictive Agreements
- Corporate Authorizations and Consents
- Disclosure Packages
- Limited / Bad Boy Guarantees
- Opinion Letters
- Comfort Letters
Closing Services
In addition to the preparation of loan documents, our Closing Services team can assist in the loan closing process for a seamless experience as you fund your loans.
A general breakdown of our drafting and closing service includes:
1
Review of entity documents to confirm signature blocks for all entity borrowers and guarantors
2
Review of preliminary title report and coordination with title to confirm title insurance is in the proper amount with relevant endorsements obtained and exception items cleared
3
Drafting of loan documents, inclusive of an assignment and allonge if necessary if you are table funding the loan
4
Coordinating the closing to assist with the following:
- Review and approval of executed loan documents
- Coordination of title review and requesting additional items from title
- Review of settlement statement/HUD
- Review of certificate of insurance (liability and property)
- Review of proforma or marked up preliminary title report
- Final authorization and approval to close
Beyond Loan Documents
Beyond preparing core loan documents, our attorneys support your business by providing comprehensive legal services designed to help you operate and grow with confidence. We assist with post closing and secondary market matters, support ongoing changes and updates to existing loan documentation, and help structure agreements that align with your broader business operations. With a practical understanding of the mortgage industry, our team offers guidance across a wide range of transactional and operational needs, ensuring you have experienced counsel at every stage of your business.
Secondary Market Documentation
Once you make the loan, you may be considering selling, participating, hypothecating or otherwise conducting a secondary market transaction with your loan. Know that our team is in your corner and will be able to provide you peace of mind through any secondary market transaction. We commonly prepare and negotiate for both sides the following documents for a secondary market transaction:
- Master Purchase and Loan Sale Agreements
- A/B Sales
- Single Loan Sale Agreements
- Loan Participations
- Hypothecations
- Collateralized Loan Obligations (CLO) and other securitization preparations
Agreements for Portfolio Lenders
Often, after you make a loan, you will need to execute small or large changes to the underlying loan documents. Our team has tremendous depth and experience in the preparation and negotiation of the following:
- Modification Agreements
- Extension Agreements
- Loan Assumption Agreements
- Changes in Terms
- Addenda
- Amendments
Non-Loan Related Documents
We understand that you are also an operating business. For mortgage professionals, we prepare and negotiate many side agreements not directly related to a loan file such as:
- Broker Agreements
- Loan Servicing Agreements
- Yield Spread Agreements
- NDAs
- Non-Circumvents
- A/B Investor Agreements
- LOIs
- Procurement Agreements
Related Services
Explore Our Practice Areas
Fortra Law supports lenders and financial institutions across a range of related practice areas. Explore additional services that may support your transaction, compliance needs, or broader business operations.
Media
Insights from Our Team
Explore practical conversations, legal updates, and lender-focused guidance from the Fortra Law team. This area can highlight featured videos, podcast episodes, webinars, or educational resources related to loan documents, compliance, title, closing, and secondary market transactions.
Reference Links
Loan Document Resources
Browse related articles and resources covering loan documentation, title insurance, compliance considerations, closing issues, and practical guidance for lenders