Commercial Lending and Loan Documentation
Jellum Law has extensive experience handling each phase in the loan process. In fact, several members of our team joined us after beginning their careers at banks, which insight allows us to bring our knowledge and your perspective to anticipate, plan, and adapt to the closing schedules necessary to get deals done. We regularly represent national, regional, and community lending institutions through a wide variety of financial transactions. Our attorneys thrive on strong management skills and a clear vision to focus on the details of each transaction to ensure you are properly protected.
Our Commercial Lending Clients:
- Bank Holding Companies
- National Banking Associations
- Community Banks
- State Banking Institutions
- Trust Companies
- Mortgage Lenders
- Insurance Companies
- Asset-Based Lenders
- Governmental Entities
Our Commercial Lending Practices:
- Secured and unsecured revolving credit and term loans
- Syndicated loans
- Secured transactions
- Tax-exempt financing
- Tax increment financing
- Construction and real estate financing
- SBA financing
- Equipment financing
- Credit enhancement/letters of credit
- Loan workouts and restructuring
- Foreclosures and receiverships
- Bankruptcy
Successfully closing a deal often involves coordinating activities with government agencies at all levels. On behalf of financial institutions, members of our team regularly interact with local and national redevelopment authorities including:
- United States Small Business Administration
- United States Department of Agriculture
- Federal Home Loan Banks
- Minnesota Housing Finance Agency
- Minnesota Pollution Control Agency
- Metropolitan Airports Commission (MAC)
- The United States Coast Guard
- The National Transportation Safety Board, and
- The Federal Aviation Administration (FAA)
Community Banking
Jellum Law understands that one of the essential elements of community banking is the community. Our attorneys represent banks small and large across the country, whose lending decisions are made by people who consider the local needs of families, businesses, and farmers. At Jellum Law, you are never a faceless client or just a file. We know that community banks serve an integral role in our community, and Jellum Law is well-equipped to serve as your legal department. We offer thorough corporate knowledge and regulatory advice, commercial and financial review from the routine to the unique, and step-by-step teaching, consulting, and training to implement the processes that will empower you to turn and help your community grow.
Our firm has extensive experience representing community banking organizations in a wide array of matters. We represent community banks and bank holding companies of all sizes and throughout the country by providing corporate knowledge and regulatory advice, reviewing commercial matters, managing commercial and consumer relationships, servicing and liquidating loans, and assisting startup banks in all phases of the formation process.
Our Community Banking Practices include:
- Mergers and Acquisitions
- Charters, Capital Formation, Charter Conversations and changes in control
- Holding-company formation
- Response to and defense of regulatory agency enforcement actions
- Strategies to respond to regulatory agency enforcement actions
- Strategies to respond to regulatory examination reports
- Design and implementation of management and governance policies
- Regulatory matters including privacy internet banking and financially troubled entities
- Capital raising and securities issues
- Vendor contract management
- Electronic banking services and regulation
- Consumer and regulatory compliance consultation and design
- Lending Operations
- Consumer and commercial loan documentation
- Consumer and commercial loan enforcement
Compliance
Jellum Law has extensive experience advising financial institutions on how to effectively comply with the applicable banking regulations and consumer laws as issued by various federal and state agencies. In this capacity, we regularly counsel federal and state banks, bank holding companies, regional banks, community banks, and credit unions on maintaining regulatory compliance, navigating the examination process, and promptly addressing any agency findings.
Our financial institution attorneys assist clients in resolving matters related to:
- Regulation O and other insider transactions
- Regulation CC
- Regulation E
- Electronic Funds Transfers and Internet Banking
- RESPA
- Fair Credit Reporting
- NACHA
- Documentary Drafts
- Check Collection
- Uniform Commercial Code (UCC)
- Secured Transactions
- Garnishment, Levy, Execution, and Setoff
- Truth-in-Lending
- Truth-in-Savings
- Privacy issues
- State and federal lending limit issues
- Account Closings
- Dormant Accounts and Abandoned Property
- Death and Incompetency of Customers
- Bankruptcy and Insolvency
- Holding company formation
- Management and governance policies
- Financially troubled entities
Construction Law
Representing clients in the construction industry is an everyday occurrence at Jellum Law. We understand the challenges faced by contractors, material suppliers, and developers and find creative, yet practical, solutions to resolving issues so business can continue to move forward. Jellum Law represents general contractors, subcontractors, material suppliers, architects, and lumberyards, providing pragmatic advice and common-sense solutions. We handle diverse construction-related matters ranging from large and complex industrial and commercial projects to small and medium-sized developments.
Jellum Law is well-equipped to assist its clients with securing mechanic’s lien and construction lien rights in Minnesota and Wisconsin. Should a project fall into default, we are prepared to enforce lien rights, press ahead with foreclosure, and maximize recovery.
Our clients rely on our knowledge of the construction industry and experience with the full range of legal services that may be needed to support their business, including advice and legal representation related to:
- Building codes
- Change order issues
- Commercial buildings and office complexes
- Common interest community (CIC) law
- Contracts and negotiations
- General contractor and subcontractor contracts
- Joint venture agreements
- Employment and independent contractor matters
- Finance matters
- Construction and permanent loans
- Leases: commercial, residential and retail
- Sale-leaseback transactions
- Tax-increment financing
- Litigation
- Construction defects
- Contract disputes
- Creditor/debtor rights and remedies of secured creditors
- Fraud
- Insurance subrogation
- Misrepresentation
- Mechanics liens
- Mechanic lien enforcement and defense
- Mechanic lien foreclosure
- Multi-tenant commercial and residential buildings
- Planned Unit Developments (PUDs)
- Multi-family housing; townhouses, apartments, duplex, four-plex
- Condominiums; residential and business
- Residential housing plats
- Retail buildings and shopping malls
- Title matters
- Abstract property issues
- Land registration matters
- Torrens property
- Title examination and clearing
- Title actions; quiet title litigation
- Zoning and land use restrictions
- Architectural control agreements
- Boundary disputes
- Condemnation
- Easement and encroachment issues
- Restrictive covenants
- Environmental issues
- Permitting
- Wetlands
Creditors’ Remedies, Bankruptcy, and Financial Restructuring
At Jellum Law, we represent financial institutions, businesses, landlords, contractors, and developers in foreclosures, collateral repossessions, bankruptcies, and workouts throughout the country. Jellum Law attorneys assist our clients in working out distressed transactions to maximize recovery, avoiding litigation when practical, and litigating cases to recover assets and protect the creditor’s interests. We represent secured and unsecured creditors in complex collection and insolvency-related litigation, including matters involving the Uniform Commercial Code, receiverships, foreclosures, and fraudulent transfers. We assist creditors with the following:
- Asset Valuations
- Attachment Proceedings
- Sheriff’s executions
- Coordinating Sheriff’s executions upon non-exempt assets
- Garnishments – directing wage and non-earnings garnishments
- Replevin
- Repossession
- Levies
- Collections
- Commercial loans
- Equipment loans
- Home equity loans
- Construction loans
- Liquidations
- Loan workouts
- Mortgages
- Condominium association assessment and judgment collection
- Post judgment collections
- Judgments
- Landlord/Tenant Law
- Commercial leases
- Residential leases
- Unlawful detainer actions
- Rent Abatement
- Structured settlements
- Lump sum payments
- Forbearance agreements
- Voluntary foreclosure agreements
- Deed-in-lieu agreements
- Voluntary receivership agreements
Bankruptcy can be a major component of the loan workout structure. Jellum Law attorneys are highly skilled in navigating the nuances of bankruptcy and protecting secured and unsecured creditors interests in Chapter 7, 11, 12, and 13 bankruptcies. We are experienced in:
- Obtaining relief from the automatic stay
- Getting property out of the bankruptcy estate
- Dealing with preferential transfer matters
- Fraudulent conveyances
- Cash collateral agreements
- Reaffirmation agreements
- Creditor discharge litigation
- Involuntary bankruptcy petitions
Financial Institution Operations
Given Jellum Law’s close working relationships with owners, executives, boards of directors, and credit committees, our attorneys have served as trusted advisors during the most challenging of circumstances impacting financial institution operations, including:
- Mergers and acquisitions
- FDIC takeovers
- Corporate restructurings
- Employee and management issues
- Shareholder matters
- Issues with branch operations
- Asset transfers
- Deposits
- Branch acquisitions and sales
Government Guaranteed Lending and SBA Loans
Jellum Law provides a full range of services in processing, closing, servicing, reviewing, auditing, and liquidating all types of United States Small Business Administration (SBA) loans. SBA regulations are continually updated, and we provide thorough training, review, solutions, and advocacy to guide you through these intricate legislative and regulatory processes to help keep your lending department moving forward.
SBA and rural development loans issued through the United States Department of Agriculture (USDA) are unique in their requirements concerning documentation and liquidation management. Jellum Law is known across the country as a leader in
protecting the interests of our lender clients and community banks. We represent lenders issuing government guaranteed loans, including SBA and USDA loans, such as:
- SBA 7(a) Loan Programs
- SBA Microloan Programs
- CDC/SBA 504 Loan Programs
- SBA Disaster Loans
- USDA Loans
Government guaranteed loans must be managed appropriately to protect the rights of the lender and ensure that the government guaranty remains intact. Jellum Law is a leader in providing legal services related to government guaranteed loans throughout the United States. For lenders across the country, we also serve as compliance counsel and advisors, developing effective strategies and managing their execution while adhering to the SBA’s and USDA’s complex rules and regulations.
- Jellum Law attorneys thoroughly understand and comply with the SBA’s Standard Operating Procedures (SOPs), working efficiently with attention to detail in order to assist with documenting and closing loans, perfecting security interests and, when needed, curing loan defaults as quickly and seamlessly as possible for our lender clients.
- The Jellum Law loan team works hard to protect the lender’s interests and the security associated with government guaranteed loans. We help lenders in all facets of the process including evaluation of loan applications and recognizing fraud indicators in loan documentation so the lender makes prudent and sound loans.
- We are experienced assisting lenders with SBA 504 long-term, fixed-rate financing to acquire assets for expansion or modernization made through Certified Development Companies (CDCs), the SBA’s partners for providing 504 loans.
- Our experienced loan attorneys also help lenders understand complex documents that may impact loan eligibility, such as franchise, license, dealer and similar agreements.
- We work with SBA and its internal counsel, at both the national and local levels, and understand the administrative, as well as the legal, aspects of SBA lending.
Creditors’ Rights in Government Guaranteed Loans
Jellum Law is a leader in representing lenders nationwide in government guaranteed loan defaults and liquidations. This experience gives our clients peace of mind knowing that we will assist the lender in complying with the complex government regulations that must be adhered to in order to protect the SBA guarantee.
Litigation
There are times when litigation is inevitable, and when that occurs, Jellum Law has an experienced team of litigators ready to protect the interests of our clients in business, banking and commercial real estate disputes.
Banking Litigation
Jellum Law represents financial institutions of every size and scope throughout the country with litigation, loan documentation, enforcement process, and regulatory matters. We are not just litigators who happen to be handling a matter for a financial institution. We are uniquely suited to handle the litigation of cases involving claims and defenses faced by financial institutions today. The attorneys at Jellum Law protect the interest of our clients in virtually every nuance of lending and collection including:
- Commercial loan document enforcement
- Default credit transactions
- Loan workouts
- Receiverships
- Foreclosure
- Repossession
- Bankruptcy
- Creditors’ rights
- Judgments, execution, fraudulent conveyance
- Collections
- Lending Operations
- Contracts
- Insurance coverage
- Truth-in-Lending (TILA)
- Privacy issues
- Federal Reserve Act Sections 23A and 23B
- Lending limits, state and federal
- State and federal regulatory issues
- Uniform Commercial Code (UCC)
- Lender liability claims
- Fiduciary duty
- Negligence
- Fair Debt Collection Practices Act (FDCPA)
- Real Estate Settlement Procedures Act (RESPA)
- Minnesota’s Equity Stripping laws
- SBA Loan Liquidation and Collection
Business and Commercial Real Estate Litigation
Jellum Law’s attorneys are particularly attuned to the impact of legal issues on our clients’ business. We take a pragmatic approach to business disputes, putting the long-term health of your business first. Our skillsets, experience in litigation and appeals, effort, and persistence results in successful outcomes for our clients.
Our Business and Commercial Real Estate Litigation Clients:
- Contractors
- Real estate developers and brokers
- Lumber and building suppliers
- Manufacturers
- Software companies
- Real Estate
- Landlords
- Homeowners associations
Likewise, Jellum Law represents businesses, developers, and landowners of single-family dwellings, residential and business condominiums, commercial buildings, manufacturing facilities, office complexes, planned unit development, and residential single-unit or multi-unit housing plats. When it comes to real estate and property development disputes, Jellum Law attorneys have the skills and experience to assist our clients in resolving those disputes. We go toe-to-toe if the matter calls for offensive pursuit or look for creative ways to resolve the matter, keeping legal fees manageable and optimizing potential outcomes.
Jellum Law attorneys have decades of experience serving as effective advocates for our clients in real estate related litigation, including:
- Adverse possession
- Contract disputes
- Closing disputes
- Common Interest Community law
- Assessment and judgment collection
- Covenant violation disputes
- Construction law
- Mechanic’s liens and construction liens enforcement, defense, and foreclosure
- Creditor’s rights, bankruptcy, and collections
- Finance
- Land Development
- Landlord/Tenant Law
- Commercial leasing
- Residential leasing
- Landlord/Tenant disputes
- Unlawful Detainer/Eviction actions
- Rent Abatement actions
- City Ordinance compliance
- Misrepresentation and fraud
- Property tax appeals
- Title Disputes
- Abstract property issues
- Contract for deed
- Land registration matters
- Torrens-proceedings subsequent to registration
- Title examination and clearing
- Title actions
- Quiet title litigation
- Zoning and Land Use Restrictions
- Boundary disputes
- Condemnation
- Easement and encroachment issues
- Environmental issues
- Permitting
- Wetlands
Real Estate Transactions
Jellum Law provides the full-range of real estate services to developers, lenders, investors, financial institutions, equity investors, landlords, non-profit organizations, mortgage and investment bankers, and mortgage insurance companies.
Our commercial and residential real estate clients know they can rely on Jellum Law’s team of experienced professionals to deliver what is needed to accomplish their objectives – thoroughly, efficiently and quickly. Our attorneys advise clients on a broad range of real estate matters including:
- Acquisitions, sales, and exchanges
- Commercial, industrial, residential, multi-family and mixed-use developments
- Real estate financing
- Leasing
- Title examination and clearing
- Construction
- Common interest community
- Homeowner association
- Land and retail development
Our attorneys also have experience advising clients with respect to distressed real estate matters, restructurings, workouts, and foreclosures.
SBA Paycheck Protection Program Loan
In 2020, the world was impacted by the Coronavirus pandemic. During this time the Small Business Administration (SBA) and the U.S. Department of the Treasury, responded to the economic crisis by implementing the Paycheck Protection Program under the CARES Act to provide small businesses with funds to support employers, their employees and communities.
From the inception of this program, Jellum Law was front and center to assist lenders with implementation of the program, guidance on the governing regulations and providing support to fund the large volumes of loans for all sizes of financial institutions.
Hear what clients are saying about the expertise provided during the Paycheck Protection Program:
“Jellum Law has been instrumental in helping our SBA Division become one of the top 10 lenders in MN. Their service is top notch and they are highly reliable. I truly appreciate having them as a trusted partner on our team.” – Manager of SBA Lending, Falcon National Bank
“The wonderful folks at Jellum Law have been extremely valued partners and service providers in the handling of all facets of our SBA Lending processes. We rely upon the guidance, feedback and interpretation of SBA procedures, IFR’s, and program updates that we receive from Jellum Law’s experienced staff. Their knowledge of all SBA lending programs and SOP’s is second to none. Jellum also provided wonderful service as part of our tremendous success with the PPP Program for our clients!” – Rick Zonts, Blackhawk Bank
“As always, working with Nick Jellum and team throughout the SBA PPP process was a pleasure. We received sound advice, prompt responses, and first-class service. Nick’s SBA knowledge is second to none and he helped us gain a solid understanding of the confusing and ever-changing PPP process. By closely working with Jellum Law, we were able to better service our clients.” – Mike Kapps, Tradition Capital Bank
“During the sudden onset of the CARES Act, we like most of our fellow bankers were charged with learning everything we could about the Paycheck Protection Program. Our concerns were understanding the program, setting expectations and efficiently processing applications for our customers all while protecting the bank. We turned to you for our answers. Your team helped us design our process from application to loan docs. The result was a seamlessly smooth process for our customers & staff and the processing of over 300 applications in less than 60 days! Thank you for your guidance, advise and for exceeding our expectations. We truly value our relationship with your firm. Thank you for your expert consulting and over the top service.” – Troy Weathers, Roundbank
“Without the team at Jellum Law, our bank would not have handled these PPP loans as smoothly as we did!! The Jellum team is so knowledgeable about PPP and all things related to SBA lending.” – Tanya Strasser, Roundbank
For more information on the Paycheck Protection Program, please visit:
Access the Communications from Jellum Law Regarding Implementation of the CARES Act:
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