Banks and Financial Services
We have a long history of banking and financial institution experience. Our lawyers assist New Mexico lenders, as well as out-of-state lenders, in ensuring compliance with federal and state laws and regulations. We represent lenders, borrowers, and venture capital and private equity investors in a variety of financing transactions, including regulatory matters, asset-based lending, unsecured commercial credit, real estate loans, debt restructuring, mezzanine financing, capital investment, letters of credit, and synthetic and leveraged leases. We represent borrowers and lenders in most major types of syndicated and single-bank credit facilities, project and acquisition financing, asset-based loans, reorganizations and workouts and credit enhancement devices. Among our transactional lawyers and litigators, we have extensive experience in most aspects of commercial lending, bankruptcy and creditors’ rights, Indian law and related commercial litigation. From regulatory advice and loan documentation to foreclosure and defense of lender liability claims, we offer a comprehensive approach to the needs of the financial services industry.
- We represent a number of state and national banks in loan and compliance matters. Our work for these institutions includes review, revision and preparation of loan documents, and providing advice regarding compliance with applicable laws and regulations and general lending matters.
- We have represented non-bank lenders in the development of tax refund anticipation loan products and equipment leasing programs and credit card issuers in their entry into New Mexico. Our work for non-bank lenders included the preparation of form loan documents and procedures to be followed by line officers in making loans and providing licensing and compliance advice.
- We currently represent the New Mexico Mortgage Finance Authority as housing development and multifamily mortgage servicing counsel. This work includes preparing and reviewing loan documentation relating to federal and state lending programs, preparing and reviewing real estate acquisition documents, preparing and reviewing federal program documents; and representing the agency in foreclosures.
- In one of the largest commercial foreclosure actions in New Mexico history, we successfully foreclosed upon 55,000 acres of developed and undeveloped real estate in and near Albuquerque, New Mexico, securing a loan of $200 million. The firm and co-counsel brought to a successful conclusion litigation involving thousands of pages of loan and security documents, tens of thousands of acres of real estate, and hundreds of thousands of dollars, all in the context of ongoing disputes and at least two class action lawsuits between the former owners of the property at issue. The firm and co-counsel also obtained court appointment of a receiver to manage the complex, ongoing affairs of the previous owner of the property during the pendency of the lawsuit, and assisted the receiver and its local counsel with that management.
- We advise on the purchase of office buildings, hotels and retail complexes and on related financing arrangements.
- We act as counsel to the management and leasing agent of one of the state’s largest shopping centers and other smaller shopping centers.