Capital Markets Agreements & Negotiations
Are you a loan originator or mortgage fund who needs access to capital to fund your origination activities? Do you know the right strategy to seek financing from a warehouse line of credit or master repurchase agreement? Do you need expert attorneys to guide you through the negotiation process to secure the best terms available and understand which terms are negotiable? We provide best in class advice to walk you through the life cycle of negotiating a credit facility that meets your needs and protects your interests.
Negotiating Credit Facilities
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Warehouse Lines of Credit
Warehouse lines are revolving credit facilities extended by financial institutions (often banks) to a mortgage loan originator to fund mortgage loans. Selecting a warehouse lender is generally based on the warehouse lender’s rates, fees, and types of loan products allowed to be on the line of credit. Our expert team has helped dozens of clients select the right warehouse lender and negotiate sensible terms that best meet your business needs.
Master Repurchase Agreements
In addition to lines of credit, also commonly referred to as warehouse loan facilities, sophisticated private lenders often enter into repurchase agreements with their capital partners. These facilities provide short term capital to the loan originator permitting the originator to not solely rely on their balance sheet. The originator generally sells these loans to the facility provider, or other loan purchasers and is capable of recycling capital in an efficient way. If the originator is unable to sell the loan these repurchase agreements typically require the originator to purchase the loan and remove it from the credit facility balance sheet.
No matter what type of credit facility you are entering into, our experienced team has negotiated against most major financial institutions ranging from traditional banks to wall street investment banks and hedge funds such as Nomura, Blackstone, and Neuberger Berman.
Secondary Market Sale Transactions
Are you a loan originator looking to sell your mortgage loans at the best price and on the most favorable terms? Our seasoned attorneys have negotiated hundreds of loan purchase and sale agreements and understand how to navigate sale transactions quickly and expertly with all of the market investors.
Loan Aggregators and Other Capital Providers
Are you a large or growing company that provides or wants to provide capital for loan originators? Do you want creative, savvy attorneys to help you through the maze of corporate structuring, operations, licensing, and capital funding alternatives? Is the right strategy to offer funding through your existing company or a new entity? Where should you house your employees? What types and how many funding options should you offer? How do you best leverage third parties, such as correspondent lenders, brokers, table funders, title companies and lawyers?
Warehouse Lines of Credit
We can design and assemble a warehouse line of credit tailored to meet the needs of your warehouse borrowers.
Alternative Lines of Credit
Do you have repeat borrowers, such as builders and contractors, who prefer to purchase properties under a pre-arranged line of credit rather than engage in dozens of individual loan transactions? No problem. We’ve helped countless clients offer these lines of credit, which arm you with another tool to provide convenient capital access to your most treasured repeat customers.
Correspondent Purchase and Sale Agreements
We can arm you with state of the art Correspondent Purchase and Sale Agreements that contain both sensible terms that appeal to your customers and protections that you require as a purchaser.
We can also give you peace of mind by helping you to design and implement a new correspondent channel or refine and improve your existing channel.
Broker Agreements
We offer a broad array of broker agreements to meet the needs of different mortgage brokers in your wholesale channel.
Table Funding Agreements
Do you have brokers or correspondent lenders who lack the capital to fund and close loans on their own? Do you want to offer these valuable origination partners the ability to enhance their brand by making loans in their own name? We can help with our menu of table funding agreements, which can be customized to meet the needs of each customer and protect your funds between loan closing and sale.
White Labeling
Are your brokers seeking to enhance their brands? Are they worried about losing their Borrowers to you, as the funding lender? Our team of experts can help you form and design a new company bearing a generic name with which your trusted partners can close loans. This alternative is particularly valuable where table funding is unavailable. Contact us today to discuss which option is best for you and your company.
Contact Our Banking & Finance Team
Loan Document Services
Fortra Law’s Banking & Finance team delivers precise, compliant, and custom-tailored loan documents. From single-family to commercial portfolios, we ensure your agreements meet every state and federal requirement. Click here to see a full list of common loan products we service and ancillary loan documents we advise and prepare.
Services include:
- Loan document draftingÂ
- Structuring and compliance review before document creation
- Ancillary document preparation (guarantees, intercreditor, and subordination agreements)
- Custom flat-fee pricing based on deal complexity
Closing Coordination and Support
Our experienced team of attorneys and processors guides lenders through the entire loan closing process, ensuring every document, signature, and settlement item is properly executed.
Services include:
- Entity, title, and insurance review
- Coordination with title and escrow for clear closing conditions
- Review of settlement statements and executed loan documents
- Final approval and authorization to close
Secondary Market and Post-Closing Documentation
Fortra Law’s Banking & Finance team delivers precise, compliant, and custom-tailored loan documents. From single-family to commercial portfolios, we ensure your agreements meet every state and federal requirement. Click here to see a full list of common loan products we service and ancillary loan documents we advise and prepare.
Services include:
- Loan sale, participation, and hypothecation agreements
- Modification, extension, and assumption agreements
- Securitization and CLO preparation
- Broker, servicing, and investor agreements
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Fortra Law is the nation’s largest law firm dedicated almost exclusively to the private/non-conventional lending space and is the leading legal resource for specialty lenders, asset-based lenders, private lenders, and non-bank institutions. Our legal departments include Banking & Finance, Corporate & Securities, and Litigation & Bankruptcy, offering lenders a vertically integrated suite of services while our Fortra Conference Line provides networking and educational opportunities to the industry at large. Reach out today to see how we can partner together.
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