The firm is uniquely positioned to address and solve any issues or problems that arise in the course of a real estate transaction due to our expertise in environmental, title, zoning, subdivision, and land-use.
Zarwin Baum’s attorneys counsel lenders in complex asset-based credit facilities, including term loans, revolving and non-revolving lines of credit, warehouse lines of credit, and loans secured by unusual assets. Many of our clients often act as loan participants or co-lenders with other banks – to facilitate this, we prepare, negotiate, and review inter-creditor agreements, subordination agreements, lien priority agreements, and various other documents that operationalize the underlying business transaction.
Moreover, our attorneys counsel and assist our banking clients when they encounter troubled loans, as they prepare forbearance agreements and loan reconstruction documentation. Where a borrower becomes insolvent, in default, or bankrupt, our team will represent the lender in collection matters and continue to enforce the creditor’s rights in any bankruptcy proceeding. Our attorneys’ dexterity is enhanced by the plethora of experience they have accumulated through counseling buyers and sellers in the purchase and sale of hundreds of millions of dollars of loan portfolios.
Zarwin Baum’s financial team is equipped to counsel their banking clients with respect to all of their insurance-related needs. Our attorneys have successfully prosecuted claims under their financial institutional bonds, directors and officers (“D&O”) liability policies, professional liability policies, and electronic risk liability policies.
In recent years, our firm successfully litigated a multi-million dollar settlement of an employee dishonesty claim under a financial institution bond to recover loan losses sustained as a result of a kickback scheme orchestrated by one of the bank’s loan officers. Moreover, we have successfully litigated several D&O claims that involved: securing a contribution in excess of $1 million to the settlement of a substantial fraud/securities claim; recovering significant investigative cost incurred in response to a shareholder derivative demand; and, obtaining a seven figure policy limits judgement in connection with a data breach at one of the bank’s third party credit card processors. Building on our insurance counseling and litigation services, Zarwin Baum also successfully represented our banking clients in the defense of a variety of class actions and lender liability claims.