Practice
Warehouse Lending
Our national team of attorneys has extensive experience in warehouse lending, providing comprehensive legal services to financial institutions, mortgage lenders, mortgage loan originators, guarantors, servicers, trustees, and loan originators (including fintech lenders) and other participants in the finance industry. We are well-versed in the complexities of warehouse lending transactions, including the structuring, negotiation, and documentation of warehouse lines of credit.
We assist clients with:
- Structuring and negotiation: Advising on the structure of warehouse lending facilities and negotiating terms that align with our clients’ business objectives.
- Documentation: Preparing and reviewing loan agreements, mortgage repurchase agreements (MRAs), mortgage loan purchase agreements, security agreements, and other necessary documentation to ensure compliance with applicable laws and regulations.
- SPV seller structures: Creating SPV sellers, trusts, and similar conduits in compliance with regulatory requirements, providing clients the most advantageous pricing.
- Legal opinions: Delivering and reviewing necessary legal opinions, including corporate enforceability, security interest, and bankruptcy “safe harbor” opinions vis-à-vis mortgage repurchase agreements, securities contracts, and/or master netting agreements.
- Regulatory compliance: Ensuring that all aspects of warehouse lending transactions comply with federal and state regulatory requirements.
- Risk management: Identifying and mitigating the potential risks associated with warehouse lending, including asset-based risk, credit risk, operational risk, and legal/regulatory risk. Our team has deep knowledge of the regulations governing the origination and maintenance of common underlying asset classes, including applicable consumer lending laws.
- Dispute resolution: Representing clients in disputes related to warehouse lending, including litigation and arbitration.
- Due diligence: Our team can assist warehouse lenders in their due diligence of potential borrowers and originators by reviewing the legal adequacy of applicable policies and procedures.
With deep industry knowledge, we provide clients with tailored solutions that meet the unique needs of each client.
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