Commercial Lending and Real Estate Finance


The commercial lending and real estate finance attorneys at Davis Malm have extensive expertise in both complex and routine commercial lending and real estate finance transactions, including term loans; revolving credit facilities; equipment financing; floor plan financing; real estate acquisition financing; refinancing; and fee and leasehold construction financing. We are experienced in multistate transactions, inter-creditor issues, agented credits, portfolio management activities and workouts, bankruptcy litigation, and liquidation of assets through foreclosure and secured-party sales. We have particular expertise in closing and servicing U.S. Small Business Administration loan transactions, including the Section 7(a) SBA Guaranteed Loan Program and the Section 504 Program for Economic Development.

Our attorneys regularly represent banks and nonbank lenders in senior, junior, and syndicated financing at local, regional, and national levels. In successfully closing thousands of loans, we have overseen all aspects of the loan transaction process, thus enhancing the lender's ability to meet both the needs of its customers and its internal requirements, particularly with respect to monthly, quarterly, and annual targets. We achieve these goals by drawing on our team of attorneys and paralegals, including specialists in real estate titles, zoning, environmental compliance, banking law, taxation, bankruptcy, and corporate law.

We also assist our lenders with the broad array of legal services necessary to maximize their recovery in default situations. Working with our litigation and creditors' rights attorneys, we represent our clients efficiently and cost effectively through all types of workouts, restructurings, and debtor bankruptcies.

Representative Matters

  • Represented a regional bank in a $120 million floor plan and mortgage financing for a large auto dealer group, including auto dealerships and real estate borrowers in Massachusetts, Connecticut, and New York.
  • Represented a regional bank lender in a $60 million credit agreement, including a letter of credit enhancement for $26 million in variable-rate bonds issued in an underwritten public offering.
  • Represented a national lender in a $20 million takeout financing of a construction loan for a regional warehousing and distribution company.
  • Represented a regional bank lender in a $12.5 million working capital and term loan financing for a medical imaging company.