Checks, Drafts and Notes:

Is the bank bound by a forged signature or endorsement?  Is use of a signature stamp by a bookkeeper a form of negligence by the account holder which warrants charging his or her account with an unauthorized check?  If an overdraft has been allowed on an account, when and under what circumstances is there an implied agreement to continue to allow such overdrafts?  What is the exposure to the bank if such overdraft checks are dishonored?  We know the answers to these questions and, equally important, recognize the legal and business issues associated with them.  We are able to provide realistic and sound advice as to how to handle problem situations.  

Debt Collection and Foreclosure:  

Things don’t always go smoothly when money has been loaned to a customer.  It is often necessary to foreclose on real or personal property collateral, or both.  Although recent reforms in the Commercial Code have somewhat eased the burden of this process for the lender, there are still numerous dangers and pitfalls, especially when the debtor is represented by aggressive counsel.  As well, foreclosure on real property collateral can present its own set of legal issues. We have considerable experience in matters involving the appointment of receivers for the collection of rents on Farm and Commercial properties and are able to handle such matters quickly and efficiently.  

Real Estate Practice:  

Real property transactions always figure prominently in the operations of a commercial bank or other lender.  In the 21st Century, most banks have standard forms for such transactions, but occasionally those forms need to be modified or manuscript provisions need to be added by addendum or otherwise.  At such times, legal counsel is often useful to advise as to the consequences of  modifications and to help in the drafting so as to effectuate the intent of the parties.  

Bankruptcy: