INTRODUCTION

LENDING TRANSACTIONS

I represent banks, savings associations, credit unions, commercial lenders, finance subsidiaries of corporations, insurance companies and pension funds across the country in the areas of:
  • Commercial loan transactions
  • Leveraged finance transactions
  • Real estate loan transactions
  • Asset-based loan transactions
  • Small Business Administration loan transactions
  • Bonds
  • Troubled debt restructuring
  • Loan Workouts
  • Creditor’s rights and bankruptcy
  • Loan Securitization

REAL ESTATE TRANSACTIONS

I represent local, national, and international clients and their subsidiaries in the sale, acquisition, development, leasing and financing of apartments, office buildings, hotels, shopping centers, condominiums, resorts, retail centers, mobile homes, industrial parks, retirement facilities, nursing/healthcare facilities, marinas, agricultural property and vacant land. In addition, I am retained for the leveraged lease financing of manufacturing and wholesale/distribution companies and the planning, marketing, managing and leasing of major office and industrial properties. I prepare and negotiate acquisition and sale contracts, construction agreements, leases and financing documents.

I provide representation of clients regarding the purchase and sale of real estate and personal property for a variety of investment and business purposes. The type of property involved includes, but is not limited to:

  • Land for Agriculture
  • Multi-Use Developments
  • Mobile Home Parks
  • Land for Development
  • Vessels
  • Resorts
  • Riparian Rights
  • Aircraft and Aircraft Parts
  • Golf Courses
  • Tangible and Intangible Personal Property
  • Leasehold Interests
  • Condominiums
  • Automobiles
  • Hotels/Motels
  • Marinas
  • Multifamily
  • Industrial Parks
  • Office Buildings
  • Shopping Centers
  • Utilities
  • Residential
  • Nursing Homes/Health Care
  • Retirement Facilities

LOAN CLOSINGS

I represent lenders in conventional, FHA, VA, and other types of residential mortgage loan closings, as well as a multitude of commercial transactions, including Fannie Mae and Freddie Mac multifamily loans. My services include preparation of the loan commitment, issuance of title insurance and/or resolution of title issues, review and preparation of required pre-closing items to ensure compliance with the lender’s loan conditions, performance of the loan closing, and attendance to post-closing matters. I am well-versed in the requirements of the FHA, VA, Freddie Mac, Fannie Mae and other government lending programs. Upon request, I would be pleased to provide you with a proposed fee schedule for commercial loan closings.

TITLE INSURANCE

I am an agent for several title insurance companies which authorizes me to provide title insurance services to my clients. (I would, of course, provide title insurance at the promulgated rates.) Upon request, I would be pleased to provide you with a complete listing of the title companies for which I am an agent.

WORKOUTS

I have extensive experience serving creditors, which enables me to identify problem loans in the early stages and advise clients accordingly. I seek to prevent disputes by ensuring that my clients have access to current information on relevant law and practices in lending and credit. I offer periodic seminars and newsletters to update clients on timely issues. I also serve on lecture panels for financial industry trade groups and bar associations.

In addition to my representation of clients in commercial, asset-based and real estate loans, my transactional work extends to the analysis of non-performing commercial and real estate loans and assets, negotiation and implementation of workouts, and the disposition of collateral, including “Real Estate Owned” assets. I offer an entrepreneurial approach critical to the successful resolution of loan portfolio problems and the disposition of collateral. I have extensive experience in loan transactions, workouts, litigation and bankruptcies of varying complexity and dollar value from million dollar shopping centers, office buildings and apartments to multi-million dollar hotels, resorts, condominium projects and planned unit developments.

LITIGATION

I am an aggressive client advocate, while keeping the client’s business objectives in mind. My philosophy with respect to litigation is to pursue an aggressive and forthright approach, but consistent with the overall objective of resolving litigation expeditiously and cost-effectively.

I offer extensive expertise and strategy in all phases of litigation from identification of causes of action and defenses to the preparation of pleadings, motions, discovery, memoranda and appellate briefs. In representing clients, I draw from my extensive litigation and appellate experience in state and federal courts. In my coordinated teamwork approach, I bring to bear the total resources of the Firm to better serve my clients.

All too often a client becomes a captive of the “blackhole” of litigation from which he or she emerges several years later and many dollars poorer. I take a proactive approach reducing the size and cycle time of a client’s litigation docket through early and continuous case assessment. Litigation decisions are not immune from cost/benefit considerations. Basic business principles can and should apply to managing and conducting litigation. Early case assessment allows cost-effective business decisions. Work processes are directed toward collecting the right kind of information as quickly as possible to support a realistic evaluation of the case and a litigation plan. Developing a thoughtful and meaningful case assessment is critical, as it forms the basis for:

  • Communicating with the client
  • Defining realistic litigation goals
  • Exploring the possibilities of early settlement
  • Formulating a litigation plan

When an early favorable settlement is not foreseeable, the case assessment fills another immediate need. It forms the basis for a deliberate and focused litigation plan, which charts a course designed to achieve desired litigation goals through the timely implementation of discovery and investigation techniques. In essence, the litigation plan evaluates and measures each important litigation option and task through a deliberate cost/benefit analysis.


FEES, REPORTS AND BUDGETS

I recognize that I am accountable to my clients for efficiency, cost control and results. You will find that I am receptive to alternate billing, and my fees are very competitive and fair. My alternative billing structure includes innovative and flexible fee structures, which focus on utilizing value billing. I am also keenly aware of, and committed to, expense control. Additionally, I provide detailed invoices of services rendered and legal case management reports and budgets are updated on a monthly basis for all matters.


CLIENT COMMUNICATION

I am available for you twenty-four hours a day, every day of the year. If I may be of service or should you have any questions, please contact me at your convenience toll free 877.951.1800, ext. 250, or at my residence at 941.388.1177. I may also be reached via the Internet by sending an E-Mail to jrd@jrdlaw.com. You are welcome to visit my Web site at www.jrdlaw.com.

Provided as an educational service by John Raymond Dunham, III, Esq..

This publication is intended to serve you. If you would like certain topics covered, or have any questions or comments, you are invited to contact Mr. Dunham at: 941.951.1800, Ext. 250, Facsimile: 941.366.1603, E-Mail: jrd@jrdlaw.com, Web site: www.jrdlaw.com or write him at LUTZ, BOBO, TELFAIR, DUNHAM & GABEL, Two North Tamiami Trail, SARASOTA, FLORIDA 34236.

This publication is designed to provide accurate and authoritative information in regard to the subject matter covered and report on issues and developments in the law. It is not intended as legal advice, and should not be relied upon without consulting an attorney.