In a time of unprecedented challenges and opportunity for banking organizations and other lenders, our experience in representing lenders, and our knowledge of the banking industry and its regulation, makes Sacks Tierney a welcome resource for financial institutions of all sizes.

Sacks Tierney brings together experience and insight in commercial lending, real estate and business transactions, civil litigation, corporate finance and problem asset resolutions.

Our bank and private lending clients benefit from our ability to help them identify and manage risks and seize opportunities, including both conventional commercial lending transactions and such banking and lending “niches” as public finance, healthcare, legal marijuana businesses and economic development projects in Indian country.

Core Services

Banks and other lenders appreciate our depth of knowledge and responsiveness in a variety of critical legal areas, including:

  • Due diligence
  • Loan origination and documentation
  • Stock and membership instrument assessments
  • Security instruments / UCC-1 filings
  • Fixture filings
  • Assignments of rent
  • Warrants
  • Loan administration
  • Post-closing collections and enforcement
  • Loan modifications and workouts
  • Commercial foreclosure
  • Lender liability, including claims arising from collection efforts and bankruptcy proceedings
  • Director and officer liability
  • Title and escrow litigation
  • Regulatory compliance

Ancillary Services

Sacks Tierney’s representation of banks includes such non-traditional services as:

  • Mergers and acquisitions
  • Resolution of issues with federal and state bank regulatory authorities
  • Corporate finance transactions
  • Executive compensation and other employment issues, including incentive compensation requirements under Dodd-Frank
  • Internal investigations

Risk Mitigation

Sacks Tierney’s banking clients benefit from our sharp focus on helping them identify, evaluate and mitigate risk, in three key lending phases: loan origination, loan administration, and collection, including:

  • Obtaining and maintaining priority security interests in collateral
  • Realizing on collateral
  • Tight and comprehensive loan documentation
  • Monitoring compliance with requirements in the initial documentation
  • Structuring and negotiating forbearances
  • Acquiring title to and liquidating collateral