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Overview

Hirschler real estate and business attorneys represent clients in the sale, acquisition and servicing (including collection litigation) of commercial loan portfolios.  Hirschler’s principal loan portfolio experience encompasses performing and sub-performing loans secured by commercial real estate and business assets. Over the past 20 years, Hirschler’s portfolio practice has expanded to include complex, alternative credits (often resulting from discontinued business lines or troubled debt restructurings across many diverse asset classes). Hirschler’s expansive portfolio expertise ranges from federal, state and local government economic development loans, to church and nonprofit loans, to aviation, marine and taxi medallion credits, to impact investments (including PACE assessment financing). 

Key Services

Our knowledge of niche credit markets and ability to mobilize quickly produces value-added results for our clients. Deep experience and a flexible staffing model allow Hirschler to tailor its loan portfolio teams and achieve efficiencies in whatever role the particular client requires—whether that role be full service deal support or simply document counsel. Among the more routine services we provide:

  • Drafting and negotiating loan sale agreements and asset purchase agreements
  • Assistance with preparation of pre-sale due diligence for sellers
  • Performing due diligence for purchasers on an asset-by-asset basis, with an emphasis on verifying underlying loan document enforceability, validating collateral values and assessing potential risk in connection with the client’s ultimate exit strategy
  • Drafting and negotiating transfer and servicing documents
  • Representing purchasers in the administration and collection of loans and the resolution of problem loans
  • Handling the post-closing “put” of loans not conforming to sale representations
  • Coordinating the closing of acquisition financing for loan portfolio transactions
  • Securing acquisition credit facilities

Experience

Experience

Represented financial institutions and investors in the purchase and sale of commercial loan portfolios throughout the United States and Puerto Rico. The firm has closed multiple loan portfolio transactions consisting of “unloved” credits secured by a variety of asset classes with aggregate values in excess of $750 million, including:

  • Multiple acquisitions of Puerto Rico economic development loan portfolios totaling over $153 million in the aggregate
  • Acquisition of $25 million national portfolio of church loans
  • Sale of multiple C&I loan portfolios with an aggregate value in excess of $39 million
  • Acquisition of $14 million Virginia Small Business Financing Authority portfolio of Industrial Development Authority loans
  • Acquisition of $360 million loan portfolio of commercial real estate loans and REO property
  • Sale of $26 million residential loan portfolio
  • Representation of joint venture’s acquisition of SBA loan pools in excess of $1 billion

Perspectives

Professionals

Practice Contacts

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