Commercial Lending Law

O'Brien Law represents banks and private lenders in all aspects of the commercial lending process from commitment letter, to closing, to workouts.  Our quick turnaround and personal service in this area are unparalleled.

O’Brien Law has over a decade of experience representing local and national lending institutions in all phases of commercial lending transactions beginning with how to structure a loan, drafting the commitment letter and the loan documents, negotiating the loan documents, closing the loan and monitoring all post-closing matters, including, when necessary, assisting in the work out of troubled credits.  Our broad experience allows us to advise clients not only with regard to the loan documentation but also with respect to due diligence collection and review including title and survey matters, zoning, tax planning, and third party agreements with contractors, architects and engineers.

The firm is experienced in the following types of loan transactions:

Real Estate Secured Loans

Our attorneys are experienced in representing lenders in real estate secured loans including acquisition, refinance, construction and permanent loans.

Asset Based Lending

O’Brien Law represent lenders in various types of financing transactions, including term loans, working capital loans and lines of credit secured by accounts receivable, inventory, intellectual property, vehicles, equipment and many other types of collateral.

Floor Plan Lending

Our attorneys are skilled and have experience representing lenders, including large national financial institutions, in their floor plan lending transactions.  We are familiar with legal issues affecting automobile dealerships and the issues that arise for lenders loaning money to these dealerships.

Loan Participations

When participating in a loan transaction with a lead bank, it is your responsibility to assure for yourself that the underlying loan documents and the Participation Agreement meet your expectations and requirement.  O’Brien Law is experienced in reviewing both loan documents and all documents related to the participating interest, including the Participation Agreement and certificate.

Government Backed Lending

With government secured lending, you need legal counsel experienced in these types of loans.  Our attorneys can help streamline the closing process for you and for your clients.  We can assist clients with Small Business Association guaranteed loans (both 7(a) and 504 loans), Banking on Business Loans, USDA loans, PEDFA bond transactions, Industrial Development Authority transactions, Tax Increment Financing transactions, and a variety of other lending structures in which local, state and federal government agencies are involved.

Municipal Financing

Our attorneys are skilled at assisting lenders with providing financing for various types of municipal projects.

Bond Financing

O’Brien Law is one of only a few lawyers in Northeastern Pennsylvania practicing in the area of municipal finance law.  O’Brien Law is experienced and able to assist Banks, School Districts, Authorities, and governments in all types of municipal finance transactions including new bond financings as well as refinancing of old debt.

Lender’s Title Opinion and/or Oil and Gas Opinion

Lender’s title and oil and gas opinions can be prepared and addressed to a bank who is lending money secured by a mortgage or other security instrument.  These opinions are limited to the interest of the borrower and confirm that the lender is acquiring the security for their loan and confirms that they would be able to proceed against the properties in the event of a default on the loan.

Title insurance does not insure title to the oil and gas rights of a property.  A title opinion is the only way for a lender to obtain comfort that their borrower owns the oil and gas rights they are granting as collateral.  Oil and gas title searching is a complex area of title and often requires a search of land records going back more than 150 years.  If your collateral includes oil and gas rights, contact us today to discuss

Contact Us

Mailing Address: 2800 Stafford Avenue, Box 3034, Scranton, PA 18505